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