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HomeMy Public PortalAbout2008_11_24 Council Work Session November 24, 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, Marty Martinez, Ken Reid, Kevin Wright and Mayor Kristen Umstattd Council Members Absent: None Staff Present: Town Manager John Wells, Town Attorney Jeanette Irby, Deputy Town Manager Kaj Dentler, Director of Public Works Tom Mason, Director of Finance Norm Butts, Director of Parks and Recreation Rich Williams, Deputy Director of Planning and Zoning Brian Boucher, Deputy Director of Utilities Aref Etemadi, Economic Development Manager Marantha Edwards, Economic Research Analyst Betsy Fields, Transportation Engineer Calvin Grow, and Management Specialist/Deputy Clerk of Council Debi Parry AGENDA ITEMS 1. Work Session Items for Discussion: a. PPEA Presentation - Peter Burnett Mr. Burnett presented his PPEA application to Council for the development of two parcels on Loudoun Street adjacent to the Town's parking garage. He provided a brief history of the construction of the current Town Hall building and the history of the Town's discussions regarding the two parcels. He stated his investment for this proposal equates to approximately $350 per square foot, which is significantly more than any other project in Leesburg because of the signature architecture, site conditions and other features. Further, he stated there is no risk that the project will not be completed as the State Code enabling legislation requires performance and completion bonds. Vice Mayor Hammier stated the pieces of land are currently owned by the citizens of Leesburg and asked who would own the project after completion. Further she asked why the project is so expensive if the cost of the land is not factored in. Mr. Burnett stated the Town would own the surface areas that comprise the park and the public restrooms while the private investor would own the land and the building. He stated the idea is that for the value of the land the Town would get a very high quality park on the property. He estimated the value of the park at $300,000 to $500,000. Vice Mayor Hammier asked why there is such a high cost associated with the building if the land does not have to be purchased from the Town. Mr. Burnett stated the building has to be at least equal to the value of the land. Further, he stated the cost of constructing the building will be high as it is a steel frame building with brick and will be LEED Certified. He estimated the total cost of the project at $6 million. Further, he outlined other benefits of the building including 50 new jobs, a business incubator component, ADA compliant public restrooms, improved streetscape, signature architecture and a full visitor's center. Town Council Work Session of November 24, 2008 Paqe 2 Council Member Reid stated if there were a non-profit tenant in the building, the tenant would not be taxable. Mr. Burnett stated Loudoun County has a moratorium on non-profit's receiving tax free status and with the exception of the park element the rest of the building should be taxed regardless of the tenant. Council Member Reid asked about the ownership of the land. Mr. Burnett stated because the Town is only able to lease for a period of forty years, it was thought that a fee simple transfer with an easement back to the Town for the park would be a way of solving the problem. He stated the members of the DIA unanimously support this proposal. He asked that Council carefully review this presentation to determine what is best on this site for the Town in the long term. Further, he asked that the Town partner with he and the citizens interested in the park to bring in a consultant to work with all parties to determine what is best. Council Member Dunn thanked Mr. Burnett for his presentation. He asked if the Urban Land Institute provided specific information speaking to partnerships and working together. Mr. Burnett stated the ULI indicated a building would best fit on this site with the area around the log cabin and the rose garden as a park. He stated that was all conceptual. Further, he stated along with recommending a building for this site they also suggested creating a tunnel to the parking garage between the Tally Ho and the Hobby Shop building by creating apartments above. Council Member Dunn asked how Mr. Burnett envisions integrating the roof top park while ensuring the fa<;ade is consistent with the existing Town Hall building. Mr. Burnett stated at Monticello there are a large number of green areas on the top of the back side of the building that you would never know were there. He stated there is an opportunity to have a Jeffersonian style of architecture that is interpreted for today. He stated this would be a very attractive brick building with inviting terraces that carry you to the rooftop. Council Member Dunn asked if anything is off the table. Mr. Burnett stated he is open to any design that we can make work. Council Member Dunn asked if Mr. Burnett sees a means by which his vision could be changed to incorporate both a building and a park at this location. Mr. Burnett stated it can be done. He stated it is important to hold closely to the $350 per square foot level as long as there is a way for the building to pay for itself and non-taxable bond rates can be used. Council Member Dunn asked if Mr. Burnett mentioned sharing the cost of this expert. Town Council Work Session of November 24, 2008 Page 3 Mr. Burnett stated he was referring to sharing the cost of the evaluation of the proposals. Council Member Dunn verified either proposal would not require any I zoning or Town Plan amendments. Vice Mayor Hammier thanked Mr. Burnett for his presentation and for his time and effort over the years in this process. She asked if Mr. Burnett would be responsible for maintenance of the building. Mr. Burnett stated as currently conceived the Town would maintain the park and terraces and he would maintain the building. Vice Mayor Hammier stated she is happy the Town did not spend the $10 million to construct a building on this site. She asked Mr. Wells if it is worth considering at this point that the Town might be in a position to be part of financing bonds and a what rate would this be manageable. Mr. Wells stated he does not think we would be in the situation of going to the bond market at this time. He stated this project would not be in the market for funding for some time as there is still negotiation and planning to be done. Vice Mayor Hammier stated she appreciates Mr. Burnett's willingness to discuss how we can work together to find what is best for everyone. She stated Council has heard from business owners about the challenges with retail business on Loudoun Street and how to best invigorate the corridor given the huge gap in front of the garage. She stated as much as she is open minded to the park idea, she tends to believe it would benefit us all to look at this holistically including the Loudoun Museum and the alley. Further, she stated from a timing perspective and how this mayor may not factor in to attracting George Mason University to Leesburg she recommends that a vote not be taken tomorrow night, rather everyone should come together to determine how we can compromise on the best solution. Mr. Burnett stated realistically unless there are tenants lined up, a bank will not fund this project. Council Member Martinez stated he would support the opportunity for both sides to talk and find a compromise. Further, he thanked Mr. Burnett for his presentation. Council Member Wright thanked Mr. Burnett for his presentation. He stated after the last Council meeting he received phone calls from citizens not vested in either option who stated this piece of land is of significant value to the Town and Council should consider options carefully. He stated there are three options including the PPEA proposal, building a park or taking a closer look at the issue. He stated his goal is to fill in the hole with something appropriate, activate the street and make the street vibrant. Further, he asked if the only public component was the restrooms and the tenant mix became more private, how would that affect the financing and feasibility of the project. Town Council Work Session of November 24, 2008 Page 4 Mr. Burnett stated either one is not a problem from a preliminary look. He stated if you are a fiscal conservative needs to look hard at this building which would build the commercial tax base and bring more employers downtown. Council Member Wright asked if the tenant mix is flexible with the option for restaurant and retail uses. Mr. Burnett stated he envisions the ground floor to have a visitor center and a retail component. He stated there is also the option for a small cafe on the roof to draw people there. Council Member Wright stated it is his understanding that the applicant would be using the Town's borrowing capacity and although they are bonded and we are insured it would reduce the Town's buying power. Mr. Wells stated this would come out of our debt capacity; however, we would not pay the debt service payment. Further, he stated there would be an insurance policy to cover the Town. Council Member Wright stated it is his understanding that there is little debt capacity right now. Mr. Wells stated that is accurate based on the current CIP; however, it may change four or five months from now. Council Member Wright asked if it would be better to put the property up for bid and specify the uses Council would like to see. Mr. Burnett stated the Loudoun Street Citizen's Task Force did not recommend selling the property for by-right development as it is too close in proximity to significant buildings in the Town and the Town should be part of that plan. Further, he stated there may be other financing options available. Council Member Butler thanked Mr. Burnett for his efforts stating it is obvious he is not dOing this for a pure profit motive. He stated he is not yet sold that a park on the top of a building will attract families. He stated we are putting office space in other areas of Town and the importance of placing office buildings on these lots is not clear. Further, he stated it might be a better approach to figure out what the focus of the buildings would be as this does deserve a closer look to determine if there is a way to make this work and if there is any additional value to using those lots as an office building. Mr. Burnett stated his goal is to incorporate the retail and visitor center on the first floor and office on the next two floors with the park on top. He stated the park would not just be a square on top of a building; rather, it would be a series of inviting terraces that would become a wonderful piece of landscape architecture. Council Member Butler stated if this were a bigger area he might not have as much concern; however, the lots are small and he is concerned with how much office space we would have. Further, he stated the visitor center and retail have a lot of appeal. Town Council Work Session of November 24, 2008 Paqe 5 Council Member Reid thanked Mr. Burnett for his presentation and thanked the residents and business owners of Leesburg for attending the meeting. He stated staff has determined the building could be extended to close at least two parking garage lanes although the proposal calls for only closing one lane. He asked if Mr. Burnett would be interested in using two or all three lanes closing off the garage on Loudoun Street or is it important to keep one or two lanes open for ingress and egress on Loudoun Street. Mr. Burnett stated he has consulted with architects who specialize in infill development in historic areas who recommended closing one of the lanes but maintaining the other two for ingress and egress. However, he stated it could be done if that is Council's desire. Council Member Reid stated he has concerns with the green roof including its costs to Mr. Burnett and the Town. He stated he was wondering if Mr. Burnett would be amenable to having a surface park on one quadrant and close off two lanes of the garage for the building. Mr. Burnett stated that would allow more space; however, the price of the building rises dramatically when the scale gets smaller. He stated this site is very difficult to work on; however, he is open to study the site to see if the building could be smaller. Further, he stated at some point he does have to consider if he wants to take the time and accept the risk for something that may not work; however, that is part of the discussion that needs to take place. Council Member Reid asked if a four story building would allow the same square footage as the original concept using one or two of the garage lanes while maintaining the other lot as a park. Mr. Burnett stated a four story building might be difficult to fit into the area; however, he is open to discussion. Council Member Reid asked if Council can hold Mr. Burnett to his statement that there would be first floor retail or a restaurant in the building. Mr. Burnett stated the PPEA agreement allows Council to specify what components it would like to see in the building. Council Member Reid stated he likes the idea of using the rooftop for a restaurant with appropriate screening; however, he has concerns with the green roof. He stated he has been consistent all along with the residents and has told the Economic Development Commission that it is his intent to try and accommodate both as this is a piece of public property that the residents own and a significant number of them have asked that this be a park. Further, he stated Vice Mayor Hammier recommended a working group and asked how Mr. Burnett would feel about that or a Town Plan Amendment process to look at this property, the Liberty Street property and the other ULI recommendations. Mr. Burnett stated he does not want this project to get lost in a larger study of more general types of directions. He stated this property has been discussed for 20 years and it is time to push forward such as former Mayor Bob Sevila did when building the current Town Hall. Town Council Work Session of November 24. 2008 Page 6 Council Member Reid stated Mr. Wells said this is not a good time for Council to go into the bond market as it could affect our debt capacity for other projects. Mr. Burnett stated there may be other options under which this could be accomplished. He stated all he is asking is that Council consider the proposal. Council Member Reid verified Mr. Burnett would not be opposed to a working group as Vice Mayor Hammier suggested. Mayor Umstattd thanked Mr. Burnett for his commitment to the Town and architectural integrity. She stated she agrees this is not the time to be faint hearted; however, she would recommend boldly proceeding with the park option. b. SRTC Recommendations i. Valley View Barricade Liz Whiting, Standing Residential Traffic Committee (SRTC) Chairman, stated the Valley View area presents a lot of very unique issues including the barricade, the age of the neighborhood and the variable right of way on the road. She outlined the SRTC's recommendation that the traffic barricade be removed upon completion and acceptance of frontage improvements that will be built with the proposed Valley View Subdivision. She stated once the improvements are completed on the east side of Valley View Avenue the roadway will be sufficient to accommodate the anticipated traffic and that the burden of approximately 260 vehicle trips per day would not be significant in light of the increased safety provided to the street network in this vicinity. Further, she stated the SRTC also recommends that enhanced enforcement on Davis Avenue by the police department would curb the speeding issues documented by staff's traffic studies. Mayor Umstattd verified the citizens believe staff is underestimating the amount of traffic that will cut through this area once the barricades are removed. Ms. Whiting stated she encouraged the residents to consider options as the Lowenbach residents did such as all way stop signs. Further, she stated the residents raised enough concerns that the committee felt it is appropriate to discuss this issue again at their December meeting. Council Member Reid thanked Ms. Whiting and Sandy Kane for attending the meeting tonight. He stated he met with the residents today and they were not opposed removing the barricade, but not until curb, gutter and sidewalks are installed on both sides of the street. He stated he is glad the residents are coming back to the SRTC and asked that this item be placed on the next Council Work Session agenda. Council Member Dunn stated there are also safety concerns at the intersection of Davis Avenue and Valley View Avenue including commuter cut through and the daycare center located in this area. He stated before the barricade is removed we need to study the intersection. Ms. Whiting stated it is a matter of concern to the SRTC and needs to be of concern to Council as well. Town Council Work Session of November 24, 2008 Page 7 Council Member Martinez stated the removal of the barricade on Catoctin Circle in the Lowenbach subdivision is different as Catoctin Circle is an inner beltway for the Town. He stated he is concerned about the traffic issues regarding commuters using Davis Avenue as a shortcut to Dry Mill Road and the possibility of commuters using Valley View Avenue once the barricade is removed. Ms. Whiting stated that area of Town is under tremendous pressure because the bypass is not functioning properly. Council Member Martinez stated he has received complaints from parents who cannot make a left turn out of Catoctin Elementary School as commuters are using Catoctin Circle and Dry Mill Road as shortcuts to Route 9. Mayor Umstattd stated she would not want the barricade removed without Council having the opportunity to decide whether it should be kept in place. She expressed concern that the intersection of Valley View and Davis Avenues may become the new most dangerous intersection in Leesburg. She stated at the moment she would not support removing the barricade. Ms. Whiting stated she will take these concerns back to the SRTC. ii. Plaza Street Sidewalks Ms. Whiting stated the SRTC has been contacted on several occasions by the property manager for the Fields Apartments at the corner of Plaza Street and Edwards Ferry Road regarding concerns with speeding, the failure by Loudoun County Public Schools to provide for safe crossing of Plaza Street by school children and the absence of pedestrian facilities in this area. She stated the SRTC has been unable to confirm a speeding problem in this location or inappropriate conduct by school personnel. She stated the committee did feel that this neighborhood is in need of pedestrian infrastructure and recommended that sidewalks be added as a priority in the CIP and that consideration be given to the use of pervious materials and/or the reduction of the paved width of this section of Plaza Street in order to protect the mature trees in the area. Vice Mayor Hammier asked if Ms. Whiting is referring to bike lanes on the road. Ms. Whiting stated there is enough road width on this portion of Plaza Street for four lanes; however, there are only two. Vice Mayor Hammier stated this could be a good starter project for bike lanes in Leesburg. Ms. Whiting stated that is a possibility; however, there is still the need to develop a design that will protect pedestrians on sidewalks and address drainage needs. Council Member Martinez stated he has been advocating more sidewalks and bike paths because of the growing need in Town. He stated he would Town Council Work Session of November 24, 2008 Page 8 support a subcommittee of the SRTC to determine where bike trails could be placed. Ms. Whiting stated there is a need not just for recreation, but also for transportation. Council Member Wright verified there are sidewalks across Plaza from the Fields Apartments. He stated his concern is that there is a property owner that either chose to or was not required to construct sidewalks and are now asking the Town to construct their frontage improvements. Ms. Whiting stated this is a long-term, established neighborhood and she does not know what opportunities there will be to readdress this down the road. Council Member Wright stated he agrees that the Town needs to do something, but would feel more comfortable doing this in conjunction with the property owner as it is a commercial rental apartment use. Council Member Dunn stated this is an area of Town where we have residents that need safe foot traffic because they walk more out of necessity and there are many busy roads in this area. He stated we need to address the need for safe walking trails in the next CIP. Mayor Umstattd stated it would be great to have a sidewalk there; however, this may be a $1 million project and she does not know where we would get that funding at this point. She stated walking without the sidewalk is not the safety problem, the problem is getting people safely across Plaza Street. Ms. Whiting stated this project does not have a timetable; however, the SRTC wanted Council to be aware of this situation. iii. Plaza Street Speeding Ms. Whiting stated the SRTC received a complaint regarding speeding on Plaza Street north of Edwards Ferry Road. She stated speed studies were conducted by the Police Department that found average speeds of 26 miles per hour. She stated Calvin Grow plans to invite the resident to the next SRTC meeting to give him a chance to discuss his concerns with the Committee. Council Member Wright asked for a copy of the speed study and asked if the sensors were placed at the top of the hill, bottom of the hill or near the traffic light as the complaint was the vehicles crest the hill and race to the traffic light if it is green. ' Calvin Grow stated the sensor was placed across from the resident's home at 109 Plaza Street. Council Member Wright encouraged a follow up study a little higher up the hill to get a feel for how the whole street is working. Council Member Reid asked if Mr. Grow had presented an estimate cost for Town Council Work Session of November 24, 2008 Paqe 9 the proposed sidewalk at The Fields Apartments when it was discussed at the SRTC meeting. Mr. Grow stated the estimate was approximately $250,000, but that did not include bumping out the roadway. He stated if there were to be a bump out into the road it would be around $1 million. Council Member Reid stated the sidewalk is doable given the population there who are very pedestrian dependent. He stated there is also a need for a sidewalk along the frontage on Edwards Ferry Road. He stated funding could be found from the Ida Lee Park Maintenance Facility project or the Police Department Parking Lot project. He stated this is a project we should look at building soon. Council Member Butler asked if this is the area where the SRTC had considered installing a mid-block crosswalk. Ms. Whiting stated the original request was for a crosswalk. Council Member Butler asked what happened to that request. Mr. Grow stated the problem with the crosswalk was that there was no sidewalk on the west side for a handicapped person. Council Member Butler stated the cros~walk was proposed to terminate at the entrance to the Fields, which is where the pedestrian traffic would be coming from. Mr. Grow stated there is no sidewalk at the entrance so the pedestrian crosswalk would terminate into the driveway which poses safety concerns. Council Member Butler asked that the SRTC consider this proposal again as it would address the primary pedestrian concerns. c. Request to Authorize a Joint Public hearing for TLSE 2008-0011 Margaret Paxton Memorial Learning and Resource Campus Brian Boucher stated the Planning Commission is unable to have a quorum for a joint public hearing on December 9. He stated the Planning Commission does have a second meeting in December on the 18th. Mayor Umstattd asked if Council would support a joint public hearing at the Planning Commission meeting on December 18. Council Member Dunn stated he does not like the idea of joint public hearings as these are two independent bodies and Council's presence influences the Planning Commission's process. Brian Boucher stated this item will go to the Planning Commission as a work session item on December 4. Mayor Umstattd asked if the Planning Commission would be voting on December 18 and would Council be ready to vote that night. Town Council Work Session of November 24, 2008 Page 10 Council Member Wright stated staff has heard from the Planning Commission basically agreeing with Council Member Dunn's comments that we have gotten into the habit of joint public hearings which usually give them impression of a foregone conclusion. He stated staff's general goal was to avoid this and the only reason it was proposed was because staff made an error in the advertising for the public hearing. Mr. Boucher stated this is not a controversial application and staff and the applicant have worked well together. Council Member Dunn verified there would be a one month delay in the project if the normal public hearing procedure is followed. Vice Mayor Hammier expressed support for the joint public hearing. She asked that Council be provided with information regarding water hook-up fees given the applicant's financial situation and what will be involved considering that the trustees provide water back to the Town. Mr. Boucher stated the issue of utilities came up during the staff conversations and it has been resolved. He stated they have not made any requests regarding hook-up fees. Vice Mayor Hammier asked that staff get the information ready in anticipation of the question from the applicant. Aref Etemadi stated the Town currently pays royalties on the water the Town receives from the well. Vice Mayor Hammier stated there may be some good solution if we anticipate the question and get the facts together. Further, she requested information regarding the status of the remaining property. It was the consensus of Council to proceed with a joint public hearing on December 18. Council Member Reid verified this would meet the applicant's schedule. d. Proposed New Life Energy Generation Lease Marantha Edwards stated staff has received a letter from Virginia Regional Transit stating they will cover the conversion cost of the trolley. She stated staff has answered the Environmental Advisory Commission's questions pertaining to possible containment contamination issues at the Water Pollution Control Facility and Steve Cawthron has indicated there is an area that would capture any spillage currently because of their standard processes. She stated there was also a question regarding emissions which have also been addressed. Council Member Reid asked if New Life Energy will pay rent at this facility. Ms. Edwards stated this is a one year lease for a building that is not currently being used. She stated if the program goes well, then the business will find an alternative location. Town Council Work Session of November 24, 2008 Page 11 Council Member Reid asked if the business does not have a revenue stream to rent a place now. Ms. Edwards stated that is correct and this is an opportunity to help a green business who will provide biofuel to offset costs to Virginia Regional Transit. Council Member Reid verified the Town will receive an indirect benefit of reduced costs for the trolley and asked the amount of that reduction in cost. Ms. Edwards stated does not have that information. Council Member Reid expressed concern with this proposal stating the restaurants are already recycling their grease. Mr. Etemadi stated right now most businesses pay a business such as Valley Proteins to pick up their used oil. He stated this service would provide free pick up for the businesses. Council Member Reid stated we are subsidizing a business to compete with another business. Mr. Etemadi stated Valley Proteins is a large company and he does not believe that Mr. Larson's business will impact theirs. He stated staff feels the benefits will outweigh the cost to the Town. Council Member Reid stated there are environmental benefits; however, these businesses are already recycling their grease. Ms. Edwards stated many of them are not recycling. Council Member Reid stated he is concerned that the Town is subsidizing one businesses to compete with another and we do not know what the financial benefit will be to the Town. Council Member Wright asked if the businesses whom are not having their waste oil picked up or disposing of it improperly are violating a Town, County or State law. Mr. Etemadi stated there is a section of the Town Code pertaining to proper disposal and if businesses are found to be in violation there are fines that can be imposed. He stated there have been instances of businesses leaving their grease at other businesses and staff does not know who to go after. Council Member Wright verified in that case it is the responsibility of the property owner to take care of the grease. He stated New Life Energy will be using this building to store their grease, biofuel and regular diesel fuel to mix with the grease. He verified the biodiesel will not be mixed at this location and that the only concern is the containment of the waste grease. Further, he asked whose responsibility is it to make sure the proper procedures are in place for the containment of the grease. Mr. Etemadi stated there is onsite containment within the WPCF; however, any spillage would most likely be contained within the footprint of the building. Town Council Work Session of November 24, 2008 Page 12 Council Member Wright asked how much grease will be stored in the building. Mr. Etemadi stated the trolley uses approximately 600 to 800 gallons per month and if everything goes well according to the owner Mr. John Larson, he could use 2,000 to 3,000 gallons a week of oil. John Larson, New Life Energy, stated the trolley pilot is estimated to use 600 to 800 gallons of biofuel a week. He stated the idea is to reduce the cost to the Town for fueling the trolley. Council Member Wright verified it is Mr. Larson's intent to only gather as much grease as needed. He asked how it will be decided which businesses will supply the grease and when to stop the collection. Mr. Larson stated this will be an open to all businesses in Town. He stated this is a 30 by 30 foot building and the grease totes contain 300 gallons each. He stated the interest in the restaurants will build as they realize their grease can be removed for free. He stated he also has other resources that can supply the 2,000 to 3,000 gallons per week. Council Member Reid asked if the space could be provided by Virginia Regional Transit. Ms. Edwards stated Mr. Larson came to Leesburg to locate his business and staff is trying to bring the business here and coordinate efforts with the restaurants to attract and keep this small green business in Town. Council Member Reid stated it seems we would want to know what the savings to the Town would be. He stated he is surprised that there is space at the WPCF since the Town just constructed the new Utility Lines Division building in that location because there was no space. He stated he is concerned that we are offering a subsidy to this gentleman that has not been offered to other businesses. Further, he requested that staff provide an estimate of the savings to the Town at tomorrow's meeting. Mr. Wells stated staff will provide the cost savings tomorrow. Mayor Umstattd stated this is worth trying. She stated this is something new, potentially extremely environmentally friendly, should benefit the Town and reduce the illegal disposal of grease in restaurants. She stated if Mr. Larson can use space that we do not need at this time that is fine. Further, she stated she appreciates Council Member Reid's argument that we are subsidizing one business to compete with another; however, government does that all the time. e. Budget Background/Demographics and Trends Presentation Betsy Fields stated this presentation is designed to provide Council with a context for decision making and land use decisions. She provided a presentation regarding population, residential and commercial growth in the Town and the trends over the past several years as well as current and future development activity. She provided information regarding the number and location of residential foreclosures in Town stating the majority of them have been resold to Town Council Work Session of November 24, 2008 Page 13 owner occupants. Further, she provided information on retail vacancy rates and growth of Class A office space. Council Member Dunn stated this information is important for us to consider when looking at the Form Based Code stating the area being considered is better suited for redevelopment. He stated since we have the ability to make Form Based Code what we want we should look at making it strict in the redevelopment district and in the areas with broader overview in the development areas. He cautioned Council as we move forward in looking at the foreclosure numbers to consider that the numbers would be much larger if they included the homes that the banks have not taken action upon. Betsy Fields stated many individuals are finding that if they voluntarily give the house to the bank they are better in the long run than declaring bankruptcy. She stated these foreclosures are almost exclusively a result of the subprime mortgage crisis; however, the danger we face now is that people will lose their homes due to changing financial situations or job loss as a result of the recession. Further, she stated the Town is not so much in danger of a rise in that type of foreclosure as our economy is somewhat buffered by the Federal Government. Council Member Dunn stated as we are going forward in our budget discussions the assessed values are going down. Vice Mayor Hammier stated it is important to consider how to address policy issues on redevelopment and what we are doing to anticipate fall out with our large retail banking sector. She suggested taking this demographic information and backing it up with a quality of life survey to know what our citizens are facing and how we as a Council can help to improve their quality of life. Further, she stated it is important to look at this information within the broader scope of annexation and how the development around us will impact the Town and what can be anticipated from the lower wage jobs in Town given the financial crisis and whether residents are still commuting out of Town to higher wage jobs. Ms. Fields stated in December the Census Bureau will be releasing demographic data on commuting patterns on the Town and perhaps it would be appropriate for her to present that data to Council in January or February. Council Member Martinez stated he would have liked to have seen some "what ifs" in this presentation such as what if the Town annexed certain properties and how it would shift the data in the southeast and southwest quadrants of Town. Further, he thanked Ms. Fields for her presentation. Council Member Wright thanked Ms. Fields for her presentation. He asked with the County growth outpacing the Town does the unsupported residential growth around the Town continue to put pressure on the Town for retail and office. Ms. Fields stated most of the County's growth is in the eastern part. She stated the Town does continue to be the retail center for Leesburg and west. She stated where we are seeing the greatest impact is the retail just to the east of Leesbu rg. Town Council Work Session of November 24, 2008 Paqe 14 Council Member Wright stated if we had looked at the map of vacant land two years ago it would have included the Exeter Shopping Center and the development along Fort Evans inside the Bypass; however, all of that is developing now on site plans that were approved 15 to 20 years ago. He stated it is important to keep in mind what is out there that is approved and can be built and what can be developed. Council Member Martinez stated it is important to recognize that we are underestimating the impact that Battlefield Parkway will have on the economy and transportation in Leesburg. Council Member Wright stated it is important to find a commercial place holder zoning for property that comes into the Town. Further, he stated it is important to start looking at infill development and some of the inconsistencies in our Zoning Ordinance. Council Member Butler thanked Ms. Fields for her presentation. He concurred with Council Member Martinez's comment that the potential impact of annexation would be an interesting study. He stated we will be looking at potential redevelopment and development around Battlefield Parkway for a long time. He stated people expect these new routes to improve traffic but there is so much development around them that they end up having the opposite effect and that is something that Council needs to watch. Council Member Reid thanked Ms. Fields for her presentation. He thanked Vice Mayor Hammier, Council Member Martinez and Council Member Butler for discussing annexation as that is the one thing missing from the presentation, even if we just look at the Crosstrail property. Mr. Wells stated the fiscal impact consultants provided that information along with the economic analysis and he would be happy to forward that information to Council again. He stated the presentation covered the whole southeast area as well as the Crosstrail property individually. Council Member Reid stated he forwarded this presentation to a major property owner in Town. He stated the property owner disagreed with the Fields study, contending commercial property value could drop as much as ten percent. However, we will not know that until the assessments come out. He stated with a 32 percent vacancy rate we will see rents drop and perhaps some properties go into foreclosure so we cannot count on the commercial tax base carrying us in this upcoming budget. Ms. Fields stated those projections are from our Director of Finance who received them from the Loudoun County Assessors' office. Council Member Reid verified there have been a couple of commercial foreclosures in Town. Mayor Umstattd thanked Ms. Fields for her presentation. She stated if she knew that Council after annexing land would not rezone it to a residential use then she would be supportive; however, historically the land is always rezoned for a residential use which is why we have the current imbalance. Town Council Work Session of November 24, 2008 Page 15 f. Council Meeting Schedule Discussion This item was deferred to the next Council Work Session. 2. New Business Council Member Martinez stated a number of the downtown businesses did not know that Council was going to vote to change the holiday parking policy at the last meeting and stated he would like to make a motion to rescind the previous resolution followed by a motion to continue the holiday parking program from the last two years. Lisa James, Old Country Peddler, stated the downtown business owners understood that there was no way to monitor the meter parking and would like to keep the metered parking as long as the parking in the garage is free. Council Member Reid stated the current resolution provides two hours of free parking at the meters. Ms. James stated the business owners do not want any free parking at the meters as it is hard to control. Council Member Wright stated he has received several emails regarding this issue and stated he would support Council Member Martinez's request to readdress this issue tomorrow night. He stated he would also like to invite the business community to speak tomorrow night. He stated the business owners were not told that this issue would be discussed and Council made a decision in the absence of input from the businesses. Further, he stated we need to hear from the business community as to their preference regarding the street and garage parking. Council Member Reid proposed an amendment for tomorrow night to allow two hours free parking on the street and all day free parking in the garage. Council Member Martinez stated he would support full free parking in the downtown. Ms. James stated the business owners would prefer to have free parking everywhere; however, they would be willing to have the enforced metered parking on the street because of the revenue generation as long as there is free parking in the garage. Council Member Dunn stated as a member of the LDBA and the issue of paid parking on the street did come up. He was asked if the revenue was the reason for not having full free parking on the street and he told them that it was one of many reasons. He stated it would be helpful to have information regarding measured increase in foot traffic due to the free parking. He stated Council was presented with this item and were requested to take action. He stated the Economic Development Commission was concerned that this item was not brought to their attention. He asked when in previous years was the parking proposal made to Council before it was enacted. Further, he stated the free parking in the garage is more important to the business owners than the free metered parking. Council Member Wright stated his reason for supporting two hours free parking on the street is because there is a two hour limit for parking at the meters therefore it is free parking and encourages parking turnover. Town Council Work Session of November 24, 2008 Page 16 3. Closed Session On a motion by Mayor Umstattd, seconded by Council Member Martinez, the following motion was proposed: MOTION Pursuant to Section 2.2-3711(A)(7) of the Code of Virginia, I move that the Leesburg Town Council convene in a closed meeting to receive updates on legal matters regarding water rate litigation. The motion was approved by the following vote: Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7-0 The Council convened in closed session at 10: 50 p.m. The Council reconvened in open session at 11:05 p.m. On a motion by Mayor Umstattd, seconded by Council Member Martinez, the following motion was proposed: MOTION Iii 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, Dunn, Hammier, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7-0 Adjournment The meeting was adjourned at 11:05 p.m. l. . ~---....... / 2008_tcwsmin 1124