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HomeMy Public PortalAbout2011_tcwsmin0307Council Work Session March 7, 2011 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Kristen Umstattd presiding. Council Members Present: David S. Butler, Thomas S. Dunn, II, Katie Sheldon Hammler, Marty Martinez, Ken Reid, Kevin Wright and Mayor Kristen Umstattd. Council Members Absent: None. Staff Present: Town Manager John Wells, Deputy Town Manager Kaj Dentler, Town Attorney Jeanette Irby, Deputy Director of Planning and Zoning Brian Boucher, Communications Manager Betsy Fields, Economic Development Manager Marantha Edwards, Business Retention Coordinator Debi Parry and Clerk of Council Lee Ann Green AGENDA ITEMS 1. Work Session Items for Discussion a. Arts and Cultural District Debi Parry stated that this is a follow -up discussion based on the feedback received at the work session a few weeks ago. She stated the incentives as originally proposed were over a five year period and this period has been extended to a ten year period and the fiscal analysis for the extended period has been provided. She stated an amended draft ordinance has also been provided. Council Member Hammler stated she reached out to Art Square because she wanted to ask the tough questions as relates to her initial impression that there is nothing in this to serve the art or the artist. She stated there are no teeth in this ordinance and it creates only minor incentives for building owners so there will be no impact in a positive way. She stated someone told her that Council is fooling itself if it thinks there will be any demonstrative benefit to the art community, which would enhance the goal of creating an arts destination district. She stated they need to ask the tough questions like what would need to be done to have a demonstrable impact. She stated the question with regards to the price per square foot in the industrial park where Art Square is located versus the price per square foot downtown is whether the Council is willing to subsidize the difference in rent. She questioned how to come up with some way to subsidize artists. She stated this is not going to have much impact. Ms. Parry stated for artists in general, like Art Square, that may be true, but there are other parts of this tool such as creating live music venues, which would be a benefit. Ara Bagdasarian stated one of the key things to keep in mind with an Arts and Cultural District is one of the objectives is to be a marketing tool more than anything else. He stated the Old and Historic District has 11Page Council Work Session March 7, 2011 historically been the cultural center of Loudoun and noted the question is what can the town do to help cultivate that. Council Member Butler stated this is tailored to businesses that are more retail oriented that need to be downtown and would not be a good fit in a $7 per square foot warehouse space. He stated there are incentives for the property owner and the business owner. He questioned how movie theaters became included since the EDC was clear that movie theaters should not be included. He stated this should be focused on businesses that draw people to an area and then those people go spend money other places whereas movie theaters are retail businesses in their own right. Ms. Parry stated that movie theaters as this would not be your typical movie theater, but theaters that show independent films or films as an art related use. Council Member Butler stated there is nothing in this ordinance that limits it to an "artsy" movie theater. He stated the EDC discussed movie theaters and the majority of the EDC was not in favor of regular movie theaters. He stated unless there was some new language that that would be legally defensible to exclude everything but theaters showing "arts" related films, this would not be appropriate. Ms. Irby stated movie theaters can be taken out. Council Member Reid stated his concern was that the cost to the town was not enough. He stated his assumption was that there would be more tax abatement over time and a higher cost to the town. He questioned whether other incentives could be offered such as parking permits. Ms. Irby stated parking incentives could be added, but would have to be looked at carefully to ensure that there is no discrimination against other businesses. Council Member Dunn stated you can have the best tools, but if you do not use them, they are useless. He stated as much as we want to make this work, it is up to the property owners and business owners to use the tools. He questioned how the payment plan for availability fees is working. He questioned whether the town is using this as a marketing tool. b. Legislative Wrap Up Betsy Fields stated this is a report on the more or less final results of the 2011 General Assembly session. She reviewed the report which outlines the things that were accomplished. She stated the two bills the town asked to be introduced, one in conjunction with the county, both passed. She stated the 2IPage Council Work Session March 7, 2011 town did successfully defeat the bill that would have the Loudoun County Board of Supervisors have to approve out of town utility rates. She reviewed the remainder of the bills that the town was tracking. She reviewed which bills the Council will need to take action for and those the Council needs to decide whether they want to implement. Council Member Reid expressed his disappointment that not more of Leesburg's Legislative Agenda was passed. He questioned how the bill affecting condemnation will affect the town. Ms. Irby stated it will primarily impact on the ability to provide roads if the town has to provide alternate access. She noted this will have to go to the voters. Council Member Reid stated as a growing municipality, the town will need to work with VML and VACO on this. He requested a fiscal impact study to determine what this will cost. Ms. Fields stated that one has been done and she will locate it for Council. Council Member Hammler questioned when the town can expect an answer with regards to supplemental funding. Ms. Fields stated it is tied up while the Governor is looking at the budget that the General Assembly has passed. Council Member Hammler stated she would appreciate updates on what is happening at the county and federal levels as some of their activities have significant impact on Leesburg. Vice Mayor Wright questioned whether there is anything direction needed by staff. Ms. Fields stated there are a number of things that the town has no choice but to initiate and there are a number of things that will need some analysis if Council is interested. Vice Mayor Wright questioned whether some of these issues can be referred to advisory boards and commissions by their staff liaisons. Ms. Fields stated the report has been distributed to the staff involved. c. Ordinance on Spot Blight 31 Page Council Work Session March 7, 2011 Ms. Irby stated there has been concern over a couple of buildings in town that are not only eyesores, but may pose additional threats. She stated the town is somewhat limited by the building maintenance inspectors to tell the town if the building is not only uninhabitable, but whether or not it poses an immediate threat to the public health, safety and welfare. She stated if it is determined that it does, the town can require the property owner to abate the nuisance; however, if the Health Department or the Building Inspector will not agree with the town's position that the building poses an additional threat, the town is very limited as to what it can force the property owner to do. She stated the Town Code is as strict as it can be with respect to the Nuisance section. She stated additional remedies are available under the State Code. She stated some of those remedies would include giving the town authority by purchase or eminent domain to acquire the property and either demolish or repair the building and then recover the cost upon the sale of the property. She stated that Fairfax and Prince William County have spot blight programs where they have a team that works with the property owner to try to remediate the condition of the building. She stated this model may be worth looking at despite the fact that the town does not have a Health Department, Social Services, or building inspectors. She questioned whether Council is interested in pursuing any Town Code amendments that would give the Council authority to acquire, via eminent domain, these types of properties. Council Member Martinez stated eminent domain makes him nervous. Vice Mayor Wright questioned whether this would be the town inserting itself into something that is the county's job. He questioned what is the most appropriate way for this to be managed. Ms. Irby stated the State Code gives any locality, not just counties, the authority to acquire by eminent domain properties to demolish or repair. However, she stated if the town were to form a Blight Spot Team to try to resolve the issues without purchase of the property, the county would need to be a partner in order for it to be effective as they have more tools than the town. Council Member Butler stated he is in favor of having as many tools in the tool box as possible, but just because you have a tool does not mean that you have to use it. He stated he would only support use of eminent domain in the most dire of circumstances. Council Member Reid stated he would support this as there are some communities in town that have issues with dilapidated buildings. Council Member Dunn stated he is not a fan of eminent domain. Further, he stated one person's blighted building could be another person's historic landmark. He stated he is hesitant to use any type of eminent domain. 4 11' a g c Council Work Session March 7, 2011 Ms. Irby stated initiation of this item would give her the authority to investigate what other localities are doing. She stated it would be her intention to give Council the entire tool box of choices so that Council can select what would be passed or implemented. d. URAC Time Line John Wells stated the Utility Rate Advisory Committee met last week and based on Council's concerns at the pace at which they were working, they have accelerated their schedule. He stated they are meeting weekly for the next four weeks and it is their goal to bring a recommendation to Council at one of the April work sessions based on their review and analysis of the winter quarter issue and water and sewer rates. Council Member Hammler questioned whether they will also be looking at the emergency fund and monthly billing ideas. Mr. Wells stated based on Council's direction at the last meeting, they wanted to get this recommendation to the Council as quickly as possible. Council Member Hammler questioned a specific group has been mentioned for addition of a member to the URAC. She stated that a large amount of research has been done by members of a particular organization. Ms. Irby stated the ad was run with permissive language so that someone from one of that group can be added, but Council will not be limited to someone from that group. e. County Government Support Center Establishing a Committee Council Member Reid stated he took the liberty of drafting a resolution for Council to consider. Mayor Umstattd stated Supervisor Burk asked the Board of Supervisors to pass a resolution creating a special ad -hoc committee on the development of the county government support center just south of Tavistock and Kincaid communities. She stated there were two community meetings and there are a lot of upset people in both communities because of the proposed placement of the expanded juvenile detention center about 400 feet from the yards in Kincaid and the proposal to route construction and other traffic down Kincaid Boulevard. She stated suggestions have included keeping the barricades up at the current terminus of Kincaid Boulevard and not permitting construction traffic to use Kincaid, which would force the county to build part of Crosstrail Boulevard earlier than they had planned. Further, she stated there have been suggestions to move the juvenile detention center to the southwestern part of the property where the warehouse was proposed. She stated the county does 51Page Council Work Session March 7, 2011 not want to do that because of the number of vehicle trips that will be generated by the warehouse. Vice Mayor Wright stated that the County has said that the juvenile facility must be a certain number of feet away from an adult facility. He questioned whether the location in the southwestern portion of the site would comply with that regulation. Mayor Umstattd stated she believes that it would. She stated the ad- hoc committee would include one planning commissioner from the county, Gigi Robinson and one town planning commissioner. She stated that Mary Harper has expressed an interest in serving on the committee. Further, she stated two citizens from both Kincaid Forest and Tavistock Farms would be selected by their respective homeowners association board of directors. She stated no elected officials were included in the proposal, but were invited to attend the meetings, which are open to the public. Council Member Reid expressed concern that the county is going on a fast track with this project. He stated the email from Paul Brown states they would like to open the facility in 2013. He stated he would like to ask the county to put a "time out" on the project to give time for reevaluation. He expressed concern regarding the amount of money that will need to go into transportation infrastructure for this facility. He stated his draft resolution goes a little further than just supporting the committee. Mayor Umstattd stated the draft resolution looks fairly accurate as far as the issues at hand. Sandy Kane stated when she attended the meeting on March 3, they told her she could have attended a meeting November, but Dewberry and Davis, the county's engineering contractor, had nothing on paper until two months ago. Mayor Umstattd agreed and stated those comments were echoed at both community input meetings last week. Council Member Dunn stated he hates to see a citizen's group have to come together and just have a foregone conclusion by the Board of Supervisors. Sandy Kane stated while there are some voices expressing "not in my back yard she feels that is unrealistic stance. She stated the county could have done a better job of layout of the buildings. 6IPagc Council Work Session March 7, 2011 Council Member Butler stated he is happy to endorse a member of the committee and the committee, but he is not sure about Council Member Reid's resolution as he has not had time to review it. Council Member Hammler thanked Council Member Reid for his proactively reaching out to Council Members and debriefing them after the input meetings. She stated she agrees with Council Member Dunn that this may be a ruse for spending more time and questioned whether the county will give credence to a committee report as there are only a few options. She stated she would hate to have this be a similar process to that of the fight with Dominion Virginia Power on the power lines. She stated she would like to review this draft motion and see what might be the most impactful action. Vice Mayor Wright stated he supports endorsing the committee and giving the committee the time to do their work. He stated he is interested that the county government told the citizens they should have been at a meeting in November since the Council was only updated in February and were not informed of a meeting in November. He stated from a timeline perspective, that needs to be highlighted. Council Member Martinez stated he would love to see the committee working and the Council needs to give the committee time to see what is going on and they can report back to Council. He stated Council can take a more proactive stance after they find out what is going on. He stated the most important thing the committee can do is information gathering and sharing. Sandy Kane noted the only residents who were previously notified were those on Sweet William Court, which is a very small court, and then later on some residents on Rhonda Place were notified which is at the very end of Kincaid where the barricade is currently. She stated is was disingenuous of them not to include the entire community because the entire community will be impacted by the construction traffic that will be generated. Council Member Reid questioned the precedence for endorsing a Board of Supervisor's committee. Mayor Umstattd stated the Council is being asked to designate a town planning commissioner. Council Member Reid stated his opinion that simply endorsing the committee is not strong enough. He stated the county staff is very committed to this site and they are under pressure because the existing JDC has to be replaced. He stated the committee could become a way for Tavistock and Kincaid residents to argue with one another over the opening of Kincaid Boulevard. He offered to work with other Council Members to come up with 71Page Council Work Session March 7, 2011 stronger language as there are very angry residents who are unified against the proposed location of the JDC. Council Member Hammler stated that Supervisor Burk owes the citizens of Leesburg an answer as to why the Council and citizens did not get timely information regarding this project. She stated Supervisor Burk's role is to direct county level information to the citizens regarding situations that will have a significant detrimental impact to Leesburg. She stated the town's representative on the county Board needs to be successfully representing the town. Mayor Umstattd stated this is the direction that the Council should go, but she respects Council Members who want to let the committee do its work. She stated the JDC has to be moved as it cannot be up against Kincaid. She stated she would keep the barricades up on Kincaid Boulevard so as to not let construction traffic use Kincaid. She stated she would insist that Crosstrail be built from Sycolin, at least to Kincaid Boulevard. She stated she agrees with the county's plan not to build Miller Drive along the back fences of Tavistock. She stated they will preserve the right of way, but do not want to build it because it is through wetlands and floodplain. Council Member Martinez stated he agrees with the Mayor on stronger language, but he would like to see better information sharing. There was discussion whether the Council would see a referral for this project. It was noted that the county will need a special exception for this project. Council asked for staff to investigate whether the town will be a referral agency for the special exception. Sandy Kane stated they do not want neighborhoods fighting one another. She stated they recognize that "not in my backyard" is not a position to even consider. She stated her belief that there is room on the site to accommodate the buildings and the space between as required by the Commonwealth. She stated the county needs to make a better effort to redesign the property. 2. Additions to Future Council Meetings Council Member Dunn asked for the following: a. An update on the status of the Raspberry Falls water issue. b. Changing review of applications in the H -2 from the BAR to the Planning Commission Council Member Reid asked for the following: a. Memo on the Creek Valley Buffer issue. b. Energy savings program. c. Latest redistricting scenarios. 81Pagc Council Work Session March 7, 2011 Clerk of 2011 tcwsmin030 Council Member Butler asked for the following: a. Update on the status of the MOU on School Resource Officers. b. Adding way stations to the W &OD Trail. Council Member Hammler asked to explore restoring parking on King Street versus the concept of just an amended design at the next work session. Mayor Umstattd stated she would support voting at the March 22 meeting to keep the parking on King Street. She requested having this item on the March 21 work session and a vote on the March 22 meeting. 3. Adjournment On the motion of Council Member Martinez, seconded by Vice Mayor Wright, the meeting was adjourned at 8:47 p.m. 0 9 1 Page