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HomeMy Public PortalAbout2008_01_08 - -_._-"-".~-------------------,~",~.,',. 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