HomeMy Public PortalAbout2008_01_08
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COUNCIL MEETING
January 8, 2008
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding.
Councilmembers Present: Kathryn Sheldon Hammier, Susan Horne,
Marty Martinez, Ken Reid, David Schmidt, Kevin Wright, and Mayor Kristen Umstattd.
Staff Present: Town Manager John Wells, Deputy Town Attorney Jeannette Irby,
Assistant to the Town Manager Kathy Leidich, Director of Engineering and Public
Works Tom Mason, Chief of Police Joe Price, Zoning Administrator Brian Boucher,
Senior Planner Chris Murphy, Management Specialist Debi Parry and Clerk of Council
Lee Ann Green.
AGENDA
ITEMS
A. Invocation by Vice Mayor Horne
B. Salute to the Flag was led by Council Member Hammier
C. Roll Call showing all members present
D. Minutes
a. Regular Session Minutes of August 14, 2007
Voting on these minutes was deferred
b. Work Session Minutes of September 10, 2007
On a motion by Vice Mayor Horne, seconded by Council Member
Wright, the minutes were passed 6-0-1 (Schmidt abstaining)
c. Regular Session Minutes of September 11, 2007
On a motion by Council Member Hammier, seconded by Council
Member Wright, the minutes were passed 6-0-1 (Schmidt abstaining)
d. Work Session Minutes of September 24, 2007
On a motion by Vice Mayor Horne, seconded by Council Member
Hammier, the minutes were passed 6-0-1 (Schmidt abstaining)
e. Work Session Minutes of October 9, 2007
On a motion by Vice Mayor Horne, seconded by Council Member
Hammier, the minutes were passed 6-0-1 (Schmidt abstaining)
f. Work Session Minutes of October 22, 2007
On a motion by Council Member Wright, seconded by Vice Mayor
Horne, the minutes were passed 6-0-1 (Schmidt abstaining)
E. Presentations
a. Certificate of Appreciation - Anthony Fasolo
On a motion by Council Member Hammier, seconded by Council
Member Martinez, Mayor Umstattd presented a Certificate of Appreciation to
J. B. Anderson, accepting for Mr. Fasolo.
b. Judy Brown - Loudoun County Voter Registration
Town Council MeetinQ of January 8. 2008
Page 2
Ms. Brown and Diana Price presented their request to change the
polling place for the western Leesburg precinct from the Loudoun Street fire
station to Ida Lee Park in preparation for the possible demolition of the fire
station. There was discussion of whether the fire station would be
demolished. Ms. Brown requested the change because of the lengthy
notification process involved in changing a polling place. She stated she
would like to have the process completed in time for the May elections.
It was decided that a public hearing would be held at the next Council
meeting to initiate the process.
F. Petitioners
Sarah Marqnighy 32255 Peacock Circle, Paonian Springs, spoke about
the importance of the Mighty Midget. She stated she would like to see
Leesburg become a tourist spot and added that Leesburg needs more
restaurants, not less.
Peter C. Burnett, 39021 Piggott Bottom Road, Hamilton, addressed
Council on the importance of the ULI funding request.
Tom McIsaac, 814 Vanderbilt Terrace, spoke in support of Brian
DeVaux stating there is something wrong when someone with a lease can be
thrown out.
Rick Zapka, 1233 Radfield Drive, stated he was a long time friend of
Mr. DeVaux and enjoyed bringing professional chefs to Leesburg to dine at
the Mighty Midget.
Council Member Reid read the following statements into the record:
Peter Gustafson. 42230 Black Walnut Lane, "I'm writing today
regarding the recent developments regarding the Mighty Midget Kitchen. I
have been following these events with first shock and now concern. Although
I do not live in Leesburg, it is still my "home town." I technically live north of
Lucketts but my mailing address resides in Leesburg. Both my sons, now
grown, were born in Leesburg. All our business is conducted in each week in
Leesburg and I once had an office on King Street in Leesburg for eleven
years. So, I care about the town and the Mighty Midget. I've been around
long enough to remember a time that when you saw "The Midget" on the
corner of Loudoun and East Market, you knew you had arrived "in town!"
There was no "historic district."
I've also known Brian DeVaux for quite awhile. We spent many a hot,
sticky May afternoon together bouncing along behind a tractor stacking hay
on the wagon. It was around then that I learned to appreciate his talent for
cooking and his dream of making it his avocation. He made that dream his
reality at the Mighty Midget Kitchen. And he has accomplished this with
limited resources and no real kitchen or indoor dining facilities! And he made
it a success.
Years ago, this Leesburg icon was not just a hamburger shack but an
institution. A landmark. Then it died. It was taken away, put in storage. Then
one day it was dragged back out to a new and less noble location where it
Town Council Meeting of January 8. 2008
Page 3
languished. Several years went by and then one day it came back to life.
There were lines at the window once again. There was good food and
laughter. The Mighty Midget was resurrected, resurrected by Brian DeVaux.
The Town owns this Leesburg icon. The Town can determine its fate. It
should serve the people of Leesburg, the citizens of Loudoun County and
those passing through as a reminder of what Leesburg once was, is and can
be. If anyone deserves to keep it alive, it's Brian. I'm not sure a quirky WWII
bomber fuselage restaurant reduced to a "centerpiece" for a German beer
garden best serves that mission. It may be too late for my sentiments to ever
matter in this debate, but I felt this had to be said".
Brian DeVaux "My name is Brian DeVaux and my wife and I have
operated the Mighty Midget Kitchen for the last 7 years here in Leesburg.
And before I go any further Id like to THANK the residents of Leesburg and
anyone else here tonight for all their support over these years, they have
helped me make this business what it is today.
During these past 7 years, Robin and I have turned this tiny landmark
into a NATlONALY known eatery.
Referring to the packet I circulated last night, you will note that:
1. We have been written up in Southern Living magazine
2. Rated the "Best BBQ" in the WASHINGTON DC AREA by the AOL City-
guide in 2006/2007
3. Often noted publicly as the favorite dining spot for numerous
Washington Redskins players
4. Written up as a "Best-eats" place in the Washingtonian Magazine
5. ...and many more.
Let me ask you this: How many casual dining restaurants in Leesburg
have such a resume? How many restaurants bring this kind of tourism to the
town?
In addition to that my family has donated thousands of dollars worth
of free food and catering to local charities, ask Mayor Umstaadt, or the folks
at the Loudoun Hospital Free Clinic or the families of troops in Iraq or many
more to whom we have been so generous.
Over the years I have done business in Leesburg, I figure I have paid
over $30,000 in meals and business taxes to operate the Midget. My landlord
has paid you not a penny more than $200 to have this facility.
Regardless of these awards and donations and operating as a good
town business, I am being forced to vacate the Midget, as you all know.
Because of the need to feed my family and pay my bills, I have had to
move quickly to secure a source of continuing revenue. I have recently
purchased the Paoenian Springs Gourmet and Grocery and intend to sell BBQ
and cater from this facility.
THAT SAID, I had intended to attend the council meeting tonight to
ask the council to consider finding a way to allow my small company,
Town Council Meetino of January 8. 2008
Page 4
BzzzBBQ to operate the Midget Kitchen at a different location in Leesburg in
the near future. I believe that I have the passion and man-power to run both
locations smoothly and TOGETHER we could keep this wonderful and popular
product in Leesburg.
I was under the understanding that Mr. McDowell may consider
working with the town to move the kitchen to a different location and again
open it up for (RFP) competitive bids. If that is the case, I would be happy to
move forward with such an endeavor.
Disappointingly, I am also under the impression from last nights
discussions that many members of this Council are UNWILLING and/or
UNINTERESTED in getting involved in helping me work out a plan to operate
the Kitchen and keep the tradition alive as contemplated by the Costello's.
It is no wonder that this town that is having SOO many problems
keeping quality businesses alive.
As such, I have decided to work with other towns to take my business
elsewhere, somewhere where we can be more appreciated.
I again thank the residents of the town for supporting me over the
years and thru this matter, but am now joining the LONG list of businesses
that will leave Leesburg for a more friendly business environment".
Sincerely,
Brian and Robin DeVaux
G. Public Hearings
a. TLSE 2007-0008 - Leesburg Auto Park
The public hearing was opened at 8: 15 p.m.
Chris Murphy gave a brief presentation of the application stating all
conditions had been met and recommended approval of this application.
Bob White, representing Leegate, LLC, the applicant, stated the
approximate cost of construction for Keystone is $1.5 million.
Jim Campbell, 14475 Woodson Court, spoke on behalf of landowners
on the opposite side of East Market Street. He stated they would prefer the
diamond interchange.
The public hearing was closed at 9:08 p.m.
On a motion by Council Member Reid, seconded by Council Member
Wright, the following resolution was proposed:
RESOLUTION 2008-2
The motion was approved by the following vote:
Aye: Hammier, Horne, Martinez, Reid, Schmidt, Wright and Mayor
Umstattd
Nay: None
Vote: 7-0
Town Council Meeting of January 8. 2008
Paoe 5
b. TLSE 2007-0011 - Leesburg Auto Park Parking Structure
The public hearing was opened at 9: 10 p.m.
Chris Murphy gave a brief presentation of the application stating all
conditions had been met and recommended approval of this application.
Jim Campbell, 14475 Woodson Court, asked that his comments from
the previous public hearing be registered for this public hearing.
The public hearing was closed at 9:20 p.m.
On a motion by Vice Mayor Horne, seconded by Council Member
Martinez, the following resolution was proposed:
RESOLUTION 2008-3
The motion was approved by the following vote:
Aye: Hammier, Horne, Martinez, Reid, Schmidt, Wright and Mayor
Umstattd
Nay: None
Vote: 7-0
b. TLSE 2007-0012 - Parkway Office Center
The public hearing was opened at 9:21 p.m.
Brian Boucher gave a brief presentation of the application stating that
all conditions had been met and recommended approval.
Jim Campbell. 14475 Woodson Court, reiterated that they would like a
diamond interchange for this site.
The public hearing closed at 9:39 p.m.
On a motion by Vice Mayor Horne, seconded by Council Member
Martinez, the resolution with the additional language: "Whereas, it is the
intent and desire of Town Council to achieve the development of a diamond
interchange at the intersection of Battlefield Parkway and Rt. 7 (East Market
Street) as expressed in the Transportation Element of the 2007 Town Plan",
was proposed:
RESOLUTION 2008-4
The motion was approved by the following vote:
Aye: Hammier, Horne, Martinez, Reid, Schmidt, Wright and Mayor
Umstattd
Nay: None
Vote: 7-0
H. LEGISLATION
On a motion by Vice Mayor Horne, seconded by Council Member Martinez, the
following consent items were proposed:
Town Council Meeting of January 8. 2008
Paoe 6
RESOLUTION 2008-5
Accepting the Public Improvements, Releasing the Performance Guarantees,
and Approving Maintenance Guarantees for Potomac Station Sections 8G & 81
RESOLUTION 2008-6
Approving Amendments to the FY 2008 General Fund Budget and Making
Appropriations for $22,560.96 Awarded Through a Department of Justice 2006
Technology Assistance Grant
RESOLUTION 2008-7
Approving Amendments to the FY 2008 General Fund Budget and Making
Appropriations for $14,983 Awarded Through A Department of Justice 2005 Justice
Assistance Grant (JAG)
RESOLUTION 2008-8
Authorizing the Donation of Surplus Property to the Leesburg Police Citizen's
Support Team
MOTION
Authorizing the Mayor to send letters to the Cable Service Providers
( Comcast/Verizon)
The consent motion was approved by the following vote:
Aye: Hammier, Horne, Martinez, Reid, Schmidt, Wright and Mayor Umstattd
Nay: None
Vote: 7-0
I REGULAR AGENDA
RESOLUTION 2008-9
Making an appointment to the BAR
Motion was made by Mayor Umstattd, seconded by David Schmidt, to appoint
Richard Koochagian to the Board of Architectural Review.
Jeannette Irby clarified the conflict of interest laws do not preclude Mr.
Koochagian from serving on the Board.
Council Member Wright offered a friendly amendment to the motion,
requesting that Mr. Koochagian recuse himself in the case of a vote on the fire
station. He noted that Mr. Koochagian could still be an appellant in the case.
Council Member Hammier discussed the need to review the Board and
Commission appointment process.
Mayor Umstattd stated she had made the nomination because of Mr.
Koochagian's interest and excellent credentials. She added Mr. Koochagian had seen
the BAR process from the point of view as an applicant and accepted the friendly
amendment. Further, she added Mr. Koochagian is very sensitive to the issue and
would be willing to recuse himself as necessary.
The motion to appoint Mr. Koochagian with the friendly amendment that Mr.
Koochagian recuse himself on any voting pertaining to the fire hall until July 1, 2008
was approved by the following vote:
Town Council Meeting of January 8. 2008
Page 7
Aye: Hammier, Horne, Martinez, Reid, Schmidt, Wright and Mayor Umstattd
Nay: None
Vote: 7-0
RESOLUTION 2008-10
Making an appointment to the Commission on Public Art
Motion was made by Council Member Martinez, seconded by Vice Mayor
Horne, to appoint Stuart B. Martin to the vacancy on the Commission on Public Art.
Council Member Schmidt congratulated Council Member Martinez on his being
able to have Mr. Martin serve on the Commission.
The motion was approved by the following vote:
Aye: Hammier, Horne, Martinez, Reid, Schmidt, Wright and Mayor Umstattd
Nay: None
Vote: 7-0
I. BOARDS AND COMMISSIONS
a. Airport Commission
Vice Mayor Horne advised that representatives of Oaklawn came to the
Commission meeting and provided a presentation on the County Government
Center. She noted the Airport Commission would be sending a letter to
Council to be forwarded to the Board of Supervisors endorsing the compliance
of the plan with the Airport Runway Protection Zone and other airport
requirements. Further, she added that thanks to Bill Whyte, the rules and
regulations have been approved.
b. Thomas Balch Library Commission
No report.
c. Board of Architectural Review
Council Member Reid reported that they had an interesting case
involving Mr. Dickerson's proposal on East Market Street where he wants to
tear down a split level. He questioned whether there had been any resolution
of the issue of razing the building.
d. Cable Television Advisory Commission
No report.
e. Commission on Public Art
No report.
f. Economic Development Commission
No report.
g. Environmental Advisory Commission
No report.
h. Information Technology Commission
Town Council Meeting of Januarv 8. 2008
Paoe 8
Council Member Martinez stated there would be a forum at the end of
the month on text messaging and instant messaging. He noted this would be
the first of this type of forum.
i. Parks and Recreation Commission
Council Member Wright reported there will be a meeting on Saturday
followed by the dedication of the Indoor Tennis Facility.
j. Planning Commission
Council Member Wright noted the Commission would like the podium
wall in the Council Chamber removed so they could work around the table
without the formality of the dais.
k. Tree Commission
Council Member Reid reported that the first half of the Tree Ordinance
is completed. He noted the possibility of getting free trees from several
organizations and reported on an upcoming luncheon on the preservation of
trees. He requested that Town staff with the responsibility of caring for trees
attend this luncheon.
I. Standing Residential Traffic Committee
Council Member Reid reported a meeting for next Monday.
J. OLD BUSINESS
None
K. NEW BUSINESS
On a motion by Council Member Martinez, seconded by Council
Member Hammier, the following was proposed:
a. Approving amendments to the Town Manager's employment
contract
Mayor Umstattd noted John Wells asked for less compensation than
Council was prepared to offer.
The motion was approved by the following vote:
Aye: Hammier, Horne, Martinez, Reid, Schmidt, Wright and Mayor
Umstattd
Nay: None
Vote: 7-0
On a motion by Council Member Hammier, seconded by Council
Member Martinez, the following was proposed:
b. RESOLUTION 2008-11
O'Connor Property High School Site
Council Member Hammier proposed amending the language to specify
"only for school purposes".
The motion was approved by the following vote:
Town Council Meeting of January 8. 2008
Page 9
Aye: Hammier, Horne, Martinez, Reid, Schmidt, Wright and Mayor
Umstattd
Nay: None
Vote: 7-0
On a motion by Council Member Wright, seconded by Vice Mayor
Horne, the following was proposed:
c. MOTION
Setting a date for hearing BAR Appeal of TLHP 2007-0049 Offices at
Georgetown Park by Waterford Development II, LLC, further moving that
public hearing rules will be followed for this appeal.
Date was set for February 12, 2008.
The motion was approved by the following vote:
Aye: Hammier, Horne, Martinez, Reid, Schmidt, Wright and Mayor
Umstattd
Nay: None
Vote: 7-0
On a motion by Council Member Martinez, seconded by Vice Mayor
Horne, the following was proposed:
d. RESOLUTION 2008-12
Amending Resolution 2006-139 Making Councilmanic appointments
Council Member Hammier volunteered to be Council liaison to
Crossroads and Balch Library Commission. Council Member Reid volunteered
to be Council liaison to the Environmental Advisory Commission and the VML
Transportation Committee. Council Member Martinez and Vice Mayor Horne
volunteered to split the responsibilities of the Public Arts Commission.
Council Member Schmidt clarified that even if he was able to replace
any appointees, he would not.
The motion was approved by the following vote:
Aye: Hammier, Horne, Martinez, Reid, Schmidt, Wright and Mayor
Umstattd
Nay: None
Vote: 7-0
On a motion by Council Member Martinez, seconded by Council
Member Hammier, the following was proposed:
e. MOTION
Appointing Kevin Wright as Councilmanic representative to the Form
Based Code Steering Committee
The motion was approved by the following vote:
Aye: Hammier, Horne, Martinez, Reid, Schmidt, Wright and Mayor
Umstattd
Nay: None
Town Council Meeting of January 8. 2008
Page 10
Vote: 7-0
On a motion by Council Member Hammier, seconded by Vice Mayor
Horne, the following was proposed:
f. RESOLUTION 2008-14
Funding request for the Urban Land Institute (ULI) Study
Council Member Hammier requested that the following language be
added to the resolution: "Leesburg's downtown core represents an estimated
439,000 square feet in infill development opportunity with an estimated
target of $175 million dollars in private investment resulting in a projected
1000 jobs".
The motion was approved by the following vote:
Aye: Hammier, Horne, Martinez, Schmidt, Wright and Mayor
Umstattd
Nay: None
Vote: 6-0-1 (Reid absent)
On a motion by Council Member Schmidt, seconded by Council
Member Martinez, the following was proposed:
g. RESOLUTION 2008-15
Expressing Support for Brian Devaux, B'Z BBQ, and the Mighty Midget
Kitchen
There was discussion regarding the contract and the RFP process
required should the Town want to put the Mighty Midget somewhere else.
Jeannette Irby confirmed that the Town did not own the name "Mighty
Midget", but did own the shell of the building, although none of the contents.
Praise was expressed for Brian and Robin DeVaux and all the effort
they put into making their business successful.
The motion was approved by the following vote:
Aye: Hammier, Horne, Martinez, Reid, Schmidt, Wright and Mayor
U mstattd
Nay: None
Vote: 7-0
L. NEW BUSINESS (FOR CONSIDERATION AT A FUTURE MEETING)
None
M. COUNCIL COMMENTS
Council Member Reid directed Mr. Wells to put the truck weight issue
on the agenda for the next meeting. He disclosed he had a discussion with
Sally Gillette and met with Peter Burnett and Lisa Capraro. He stated it was
good to see that the Tally Ho would reopen as a theatre. He questioned
whether the new section of Battlefield Parkway could be named "Frank Wolf
Parkway". Further, he recommended having BAR appeals go to mediation or
to court.
Town Council Meeting of January 8. 2008
Page 11
Council Member Wright disclosed conversations with Mr. Bunch and
meetings with Dave Richey, Waterford Development, Battlefield Park, the fire
station, and the Downtown Improvement Association. He stated he wanted
to recognize Gordon MacDowell for his efforts refurbishing the old Mighty
Midget. He noted his work list for next year included 32 items. He
recommended a change to the BAR review process so the BAR would not
review a project until it received Zoning approval and recommend the BAR
have deadlines for action. Further, he noted that the new lessees of the Tally
Ho would have first run movies and comedy shows.
Council Member Hammier stated the importance of the Board of
Architectural Review has been highlighted by review of the process. She
disclosed meetings with Peter Burnett of DIA and Bob Flynn. She gave her
condolences to the Fasolo family and expressed her thanks to Tony Fasolo for
his service to the Town. She thanked Council Member Schmidt for agreeing
to be on the Council. She congratulated Susan Klimek-Buckley on her
appointment as Vice Chairman of the Loudoun County Board of Supervisors
and thanked John Wells for his hard work.
Council Member Martinez disclosed meetings with Inova and
representatives from the fire house. He expressed his happiness with the
groundbreaking of the final leg of Battlefield Parkway between Rt. 7 and the
Greenway. He congratulated Scott Parker and Kaj Dentler on their new
positions within the Town. He thanked John and Jeannette for their work and
welcomed Council Member Schmidt to the Council.
Vice Mayor Horne welcomed Council Member Schmidt. She expressed
her congratulations to Mr. Wells on his new leadership team. She
commended Brian and Robin DeVaux for their efforts and added that she
hoped they would be able to stay in Leesburg. Further, she stated she
respects Mr. MacDowell. She noted she had the opportunity to attend the fire
department banquet and appreciated all the hours of work the volunteers put
in. She disclosed she met with Peter Burnett and Lisa Capraro, Mr. Campbell
and Mr. Bunch. She noted she would be in the State Capitol for an event and
would miss the next Council meeting.
Council Member Schmidt stated he was moved and humbled that
Council had such confidence in him and he appreciated the warm welcome
has received. He congratulated Supervisor Burk on her new position. He
noted he would not be able to attend another meeting until the joint
Council/BAR meeting on January 31 due to his traveling schedule. He
expressed his appreciation for John Wells and the Town staff.
N. MAYOR'S COMMENTS
Mayor Umstattd disclosed a meeting with Mr. Sadak about Chevy
Chase Bank. She stated she appreciated Council Member Schmidt's returning
to the Council. She stated she wanted to let John Wells know how much he is
appreciated. She informed Council that she has been approached by Zhou
Chou, China with regards to Sister City status. She congratulated Kaj Dentler
on his promotion to Deputy Town Manager. Further, she commended Bob
Whyte on his presentation.
Town Council Meeting of January 8. 2008
Paoe 12
O. MANAGER'S COMMENTS
Mr. Wells thanked Council for their kind words. He stated he never
regretted coming to the Town and hoped to continue the relationship. He
thanked the Town staff and congratulated Council Member Schmidt on his
appointment.
P. ADJOURNMENT
On a motion by Council Member Schmidt, seconded by Vice Mayor
Horne, the meeting was adjourned at 11:02 p.m.
~~~
rrs en C. mstattd, Mayor
Town of Leesburg