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HomeMy Public PortalAbout2008_01_07 Council Work Session January 7, 2008 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding. Council members Present: Kathryn Sheldon Hammier, Susan Horne, Marty Martinez, Ken Reid, Dave Schmidt, Kevin Wright and Mayor Kristen Umstattd Councilmembers Absent: None Staff Present: Town Manager John Wells, Deputy Town Manager Kaj Dentler, Deputy Town Attorney Jeanette Irby, Assistant to the Town Manager Kathy Leidich, Chief of Police Joe Price, Director of Engineering and Public Works Tom Mason, Zoning Administrator Brian Boucher, Transportation Engineer Calvin Grow, Economic Research Analyst Betsy Fields, Zoning Planner Chris Murphy, Management Specialist/Deputy Clerk of Council Debi Parry AGENDA ITEMS Swearing-In Ceremony Circuit Court Clerk Gary Clemmons performed the swearing-in ceremony for Council Member Dave Schmidt. Council welcomed Council Member Schmidt back to Council and thanked him for his service. Mighty Midget Discussion John Wells stated the Town has examined the lease between the Town and MacDowell Kitchens and stated there is no breach of contract. He stated there are three deficiencies that were noted to Mr. MacDowell today and will need to be corrected prior to the issuance of a sub-lease. Council Member Hammier asked why the Town is involved in this lease issue. Mr. Wells stated in the 1990's the Midget Kitchen was located at the current Mom's Apple Pie location. He stated as the operator decided to go out of business there was concern that the structure would be lost so Council felt the need to save the kitchen and take it over. He stated a determination was made that the Town would like to see the structure used as a small restaurant and a RFP was issued and subsequently awarded to Mr. MacDowell. He stated the structure was moved to its current location and refurbished at Mr. MacDowell's expense. Council Member Hammier stated it is important that the public is aware of the amount of money that went into the refurbishment. Further, she asked how the Town can remove itself from this situation Mr. Wells stated the Town has a valid lease with Mr. MacDowell. He stated the Town is working with Mr. DeVaux to find him a different location within the Town. He stated the original refurbishment expenses were not made by the Town and the Town receives no royalties from the operation of the Mighty Midget. Further, he stated the Town has a 20-year lease with Mr. MacDowell at a cost of $20 per year, which was prepaid. Town Council Work Session of January 7, 2008 Page 2 Council Member Reid stated he spoke with Mr. MacDowell who has agreed to meet with Mr. Wells, Marantha Edwards and Hamburg Doner. He stated Mr. MacDowell stated it is not necessary that Hamburg Doner operate out of the Mighty Midget Kitchen and he would not mind if it were relocated. He asked that Council direct staff to look at the lease and the issue of whether or not Hamburg Doner could operate a seating area in the MacDowell Kitchens building and whether it is feasible to move the Mighty Midget building to the Leesburg Executive Airport. Council Member Wright stated Mr. MacDowell is a tenant in good standing and the existing lease has a 20-year term with a 20-year right of renewal and the only way to terminate the lease is through a mutual agreement. He stated the Town did not spend money to acquire the building and the real value came from the restoration of the building. Further, he cautioned Council against further action on this issue and suggested the Town assist Mr. DeVaux through the economic development process. Council Member Reid stated Mr. MacDowell indicated he is willing to sit down with the Town and talk. He stated the goal is to try and keep both businesses in Leesburg and the Mighty Midget does not necessarily have to stay at its current location. He stated it may be possible to have another RFP process for the Mighty Midget and allow another operator to use the facility. Further, he stated Dennis Boykin stated this issue was discussed by the Airport Commission. Vice Mayor Horne stated a meeting was held earlier tonight and the Mighty Midget was a point of discussion. She stated the airport is continuing to hope that they can attract a restaurant or food service vendor at the airport. Council Member Martinez concurred with Council Member Wright's comments that unless there is a problem with the lease we should take a hands-off approach. Council Member Wright stated it is not necessary to have a resolution to allow Mr. Wells to meet with Mr. MacDowell. Mayor Umstattd stated it was because of Mr. DeVaux efforts that Might Midget Kitchen was given a Legacy Business Certificate. She stated Mr. DeVaux has been an amazing part of the community stating he did all of the cooking at his expense for the National Guard picnic. Brian DeVaux, B'z BBQ, stated he has valued his time in the Mighty Midget and his main focus at this time is supporting his family. He relayed information regarding the poor standard of the building two years ago stating it was not his responsibility to repair the facility. He stated the business was closed for thirty days due to the condition of the building, not because of his actions. Further, he questioned whether Mr. MacDowell had acquired the proper permits or had been subject to the proper inspections for this business. Mayor Umstattd stated she understands Mr. DeVaux's frustration; however, staff has found that Mr. MacDowell has all the permits he should have. Mr. DeVaux relayed other instances of non-compliance on Mr. MacDowell's part. Further, he stated the floor and windows were replaced at his expense. Council Member Reid stated if we are just going to allow Hamburg Doner to Town Council Work Session of January 7 , 2008 Page 3 move into the Mighty Midget Kitchen, we will lose a restaurant. He stated Mr. MacDowell told him today that he is willing to talk to the Town about moving the Mighty Midget off the property. He stated Mr. MacDowell didn't bring the sub-lease to the Town seven years ago, which could be considered a violation of his lease agreement. Further, he expressed the need for Council to pass a resolution tomorrow directing staff to meet with Mr. MacDowell to achieve the goal of keeping Hamburg Doner and B'z BBQ in Town. Mayor Umstattd stated Mr. Wells and Ms. Edwards have been very active on this and she concurs with Council Member Wright that Council should allow them to do their job. She stated they will do everything they can to find a location for B'z BBQ; however, the Town should not do anything that prevents Mr. MacDowell or Hamburg Doner from operating their businesses legally. Appeal of the BAR decision regarding TLHP-2007-0030 - Loudoun Street Fire Station Discussion Mayor Umstattd recognized citizens in the audience regarding this issue. She stated she does not believe there will be discussion of this issue tonight. Council Member Hammier stated Mayor Umstattd had alluded to a BAR member who used economic standard in his/her decision on this issue and stated she would appreciate more facts associated with that. Further, she asked that Ms. Irby comment on the relevancy of information that may not have been captured in the verbatim minutes. Mayor Umstattd stated she would share that information with Council privately. She stated the conversation took place at the Rehau reception after the BAR vote. Further, she stated the BAR member did mention that the economic issues were paramount in their consideration. Jeanette Irby stated the relevancy is related to the weight which each individual gives to these remarks. Council Member Wright stated Council's guidelines limit consideration to the record and asked if this was a conversation is germane to the discussion given it was not part of the record. Jeanette Irby stated the process was not officially adopted by Council. 1. Questions on Tuesday Agenda Items Council Meeting of January 8, 2008 a. TLSE-2007-0008 - Leesburg Auto Park Council Member Wright discussed conditions 10 and 11 regarding the intersection at Keystone Boulevard and asked Council to consider if both conditions are necessary given the good chance for VDOT approval of the interchange. b. TLSE-2006-0011 - Structured Parking at Leesburg Auto Park There was no Council discussion of this item. c. TLSE-2006-0012 - Parkway Office Center Council Member Wright asked if there was more information regarding the revisions to condition 9. Town Council Work Session of Januarv 7 , 2008 Page 4 Brian Boucher stated the applicant has asked that additional language be added to condition 9 and staff will provide the revision tomorrow night. Council Member Wright verified the requested revision will be incorporated into the resolution. Brian Boucher stated there was discussion regarding the interchange at the Planning Commission. He stated the applicant will dedicate land for a diamond intersection as part of a lawsuit settlement with the Town in this quadrant. Further, he stated the owner of the property across Route 7 is concerned that approval of this special exception could harm his property. Mayor Umstattd stated all members of Council received a letter indicating the owner of the property on the southeast side was not opposed to the diamond interchange. Bob White, applicant, stated he wanted to dispel any concern that he was attempting to dictate the design of the interchange north of East Market Street. He stated there was a prerequisite that he provide a study of the entire interchange before the Virginia Department of Transportation (VDOT) would agree to review the traffic study they submitted. Jim Zeller, VDOT, confirmed the outcome of the department's review confirmed a diamond style ramp at the southeast corner of the interchange is acceptable. He stated the focus of the review was mainly on the southeast corner and the final configuration of the interchange has not been determined. Council Member Reid asked in which quadrant is the loop shown. Calvin Grow stated three concepts have been presented with one loop, two loops and three loops. Mr. Boucher stated VDOT approval for a diamond in this quadrant does not dictate the rest of the interchange. Council Member Reid verified the loop allowing traffic to go west on Battlefield Parkway unimpeded has not been examined to determine if it is necessary. Mr. Zeller stated it has been determined that there is heavy traffic. Council Member Reid stated he presented a petition to Council from residents of southeast Leesburg during the Town Plan rewrite urging that this intersection not be downgraded to a diamond. He stated this loop could be very important in the future because of the amount of traffic traveling west on Battlefield Parkway. Council Member Hammier stated it is important to note for the publiC that we have consensus on this portion of the interchange. Town Council Work Session of January 7 , 2008 Page 5 There was further discussion regarding the construction of Keystone Boulevard, the installation of trees, and storm water management requirements. Council Member Reid stated this is a good project for Leesburg and it is a shame this process has taken so long for the applicant. d. Cable Commission Request Kathy Leidich stated the Commission passed two resolutions at their November 20 meeting requesting Council to encourage the cable providers to put the utility boxes underground or make them smaller. She stated the letter also requests that contact information be placed on the boxes. Council Member Schmidt questioned the enforceability of the letter. Ms. Irby stated the cable franchisees are under no obligation to comply with this request. Vice Mayor Horne stated she is glad to see that the Town continues to pressure the cable companies on this issue. Council Member Hammier thanked J.B. Anderson for attending this meeting. She stated tomorrow evening Council will present a Certificate of Appreciation to Anthony Fasolo who has resigned from the Commission. Council Member Wright thanked the Commission for their efforts. Council Member Reid thanked the Commission for their efforts. J.B. Anderson, Cable Commission Chairman, provided the Commission's annual report. He provided highlights of the last year and outlined the Commission efforts regarding video production. He stated next year the Town of Leesburg will be the first locality in Virginia to negotiate two franchise agreements at once. Further, he thanked Ms. Leidich, Mr. Wells and Council Member Hammier for their support. Council Member Martinez stated there was discussion at the last Information Technology Commission meeting regarding the selection of a liaison to the Cable Commission. He asked if the Commission has received comments from the public regarding the cable rate increases. Mr. Anderson stated citizens have called regarding the lack of notification of rate increases. Council Member Martinez stated the importance of working with the IT Department during the cable franchise negotiations. Council Member Hammier thanked Mr. Anderson for his report. She stated there is opportunity for partnership with Economic Development regarding PEG programming. Council Member Reid thanked Council Member Hammier for her work Town Council Work Session of January 7 , 2008 Page 6 with the Cable Commission. He asked about the possibility of acquiring video equipment for the basement so Council can hold and broadcast their work sessions from there. Mr. Anderson stated there is the opportunity for televising those meetings and other meetings or events as well, but this requires a cooperative effort between the Cable Commission and IT Commission. e. Making an appointment to the BAR There was no Council discussion of this item. f. Making an appointment to the Commission on Public Art Council Member Martinez stated he will be nominating Stewart Martin for appointment to this Commission. Council Member Hammier stated former Council Member Burk was liaison to the Commission on Public Art and two other Commissions. She stated she has spoken with Council Member Schmidt and would be happy to step into these roles in the interim. Council Member Martinez stated he would be happy to serve as the liaison to the Commission on Public Art. Vice Mayor Horne also expressed interest in serving as the liaison to the Commission on Public Art. Council Member Schmidt thanked Council for their willingness to serve as liaisons to these Commissions stating time is difficult for him. Council Member Wright stated Mr. Koochagian does seem to be an excellent candidate to fill the vacancy on the Board of Architectural Review; however, he is an active appellant on the fire station issue. He suggested that Council stipulate that Mr. Koochagian refrain from any discussion or action on the fire station issue. Mayor Umstattd stated Mr. Koochagian should speak with the Town Attorney regarding this issue; however, we can not ask him to recuse himself if he has a legal right to be involved. Council Member Wright stated his concern is that Mr. Koochagian's signature on the appeal which has the possibility to end up in court. Mayor Umstattd stated she informed Mr. Koochagian that if he were to be a plaintiff in a lawsuit against the Town, that would represent a clear conflict of interest. It was the consensus of Council to have Ms. Irby review the issue before tomorrow night. 2. Work Session Items for Discussion a. EDC Business Process Improvement Task Force Report Karen Jones, EDC Business Process Improvement Task Force Chairman, provided the Task Force's report to Council. She commented on Town Council Work Session of January 7 , 2008 Page 7 changes that could be made to the business processes of the Town and the need to be business friendly. Further, she stated a pilot project would be selected to take an application through the recommended process. Mayor Umstattd verified the Town will let an applicant decide whether or not they would want to be one of the first to go through this process. In conclusion Ms. Jones stated this is a culture problem that needs to be addressed now. Further, she stated it is her recommendation that the EDC provide regular updates to Council on these issues. Council Member Schmidt thanked Ms. Jones and the Task Force for their report. Vice Mayor Horne stated the process is frustrating; however, there is a way to change. She suggested that we not wait for a pilot project, but change the process now. Council Member Martinez stated we have the right team in place and he is very optimistic. Further, he expressed his support for moving forward with the Task Force's recommendations. Ms. Jones stated she does believe that the Town is on the right track with the changes Mr. Wells has implemented and the formation of the Downtown Improvement Association (DIA). Council Member Hammier thanked Ms. Jones for her efforts over the past nine years stating there was also a great team effort as Mr. Chuck Jones was instrumental in the Crescent District Master Plan. She commented on the changes implemented by Mr. Wells and the policy decisions of Council that get back to the core of the Downtown. She stated the balance is that we have to have a hundred year vision for some of the important quality architecture. Further, she commented on the key partnership with the Town and the DIA. Council Member Wright thanked Ms. Jones for her report and comments. He stated there have been problems with attitude and culture; however, Mr. Wells is initiating the process to get us past these issues. He stated he does not want to see a pilot project; he would like to see this start now as Leesburg needs to be a partner for business solutions. Further, he commented on the need for staff and Council to review projects and respond to applicants without overreaching passion or prejudice. Ms. Jones stated she has a great deal of respect for Mr. Wells and his willingness to listen to the task force recommendations and implement change. Council Member Reid thanked Ms. Jones for her report. He stated he has offered to bring some issues to Council; however, the parties involved were afraid of retribution. Ms. Jones stated Council need to fix their process too in the way that they relate to each other and the applicants. Town Council Work Session of Januarv 7 , 2008 Page 8 Council Member Reid stated the way Council handled PMW Farms was not the best. He asked the Task Force and the business community to bring forward any suggestions they have for Council, the Planning Commission or the Board of Architectural Review. He stated he would like Mr. Wells' comments regarding the project champion idea. Further, he stated he would like the Town to hire a consultant to look at our processes and culture first. Vice Mayor Horne stated we do not need another consultant, we know how to fix this problem. She stated Mr. Wells has listened to the concerns of the people who are facing these obstacles and is getting his team in place. Mr. Wells stated he has worked closely with Ms. Jones and Mr. Bagdasarian to ensure everyone is on the same page. He stated the project champion is not a new position; rather it is another name for the project manager role. Council Member Hammier suggested aligning a Council project champion for all major projects. Council Member Wright stated the importance for implementing the role of the staff project champion. Further, he cautioned that Council needs to stay out of the staff process. Mayor Umstattd thanked the task force for their efforts. She stated she felt this didn't go far enough and could have been more detailed and given more examples. She stated it isn't just businesses in the real estate development industry that have problems; rather it is existing business too. Further, she stated there are certain regulations that protect the public such as storm drainage and she cautioned Council against getting so business friendly that we become citizen unfriendly. b. Impact of State Budget on Leesburg Mr. Wells stated the information we have regarding direct impact is centered in two areas, one being the HB 599 Funds for state assistance to local governments with police departments. He stated it appears those dollars will be frozen at the reduced level for Fiscal Year 2008 and will remain flat for Fiscal Years 2009 and 2010 resulting in a $50,000 immediate impact and over the next two years. He stated the ABC/Wine Tax payment to Towns has been left in, but could be frozen as well. Further, he stated the proposed budget will be presented at the second meeting in February and he does not foresee a shortfall for this fiscal year. There was no Council discussion of this item. c. Setting a date for the Joint Council/BAR Meeting Mr. Wells stated he received a letter from BAR Chairman Teresa Minchew confirming January 31 as the date for the Joint Council/BAR meeting. He stated Ms. Minchew mentioned the BAR would like to meet with Council in an open and informal forum where there can be a conversational exchange of thoughts and concerns. Mayor Umstattd stated in order to be fair to all Council Members each should email their top two priorities to Mr. Wells for inclusion in the agenda. Town Council Work Session of January 7, 2008 Page 9 Council Member Wright stated one of the reasons for an informal meeting is to walk around the room, talk to each other, exchange ideas and have a raw discussion that could not occur with everyone seated around a table. He stated at the end we can all discuss what we have heard and agree on next steps. Council Member Martinez verified the meeting will be held from 6:30 to 8:30 in the basement of Town Hall. Council Member Reid discussed background information that would be helpful for Council to review prior to the joint meeting. Council Member Hammier stated it would be helpful to see material on how Architectural Review Boards operate in other jurisdictions. d. BAR Appeal Process Ms. Irby stated she and Susan Swift had discussed recommendations for Council to be considered prior to the next BAR appeal. She stated if Council does wish to adopt procedures they could be sent to the appellant and appellee ahead of time. Further, she stated a proposal has been presented to Council which has the option of choosing not to adopt procedures or to amend the proposal as they see fit. Mayor Umstattd stated if anything is adopted prior to the pending appeal she would want to ensure the appellant has the full ability to address Council. She stated she is concerned with the proposal which states if the applicant is not the appealing party, the applicant has the right to present any arguments supporting the BAR decision. She stated if the applicant is the appealing party she would like for them to have the right to present any arguments opposing the BAR decision. Ms. Irby stated this proposal does not limit the applicant with respect to what they want to present. Mayor Umstattd stated the BAR majority should not have final say as the appellant should have the right to rebut any comments. Council Member Martinez verified the Council has the discretion with regards to setting a date for the appeal. Further, he suggested that there be a single point of contact on the BAR and staff to handle questions. There was Council discussion regarding the ordinance governing the appeal process. It was the consensus of Council to review other standards and state law in considering amending the current ordinance. Council Member Wright stated he is concerned with the question of standing for appeal on past cases. He stated two Planning Commission members appealed the BAR decision on Commerce Bank and there was question regarding whether or not they had standing. Further, he stated he would not want these discussions to delay the upcoming Waterford Development appeal. Town Council Work Session of January 7 , 2008 Page 10 Council Member Reid verified these procedures were not in effect during the BAR appeal. He stated there were a number of new facts discussed during that process and there was no effort to limit that discussion to the facts during the public hearing. Further, he stated he was also concerned with rebuttals that were allowed. After further discussion it was the consensus of Council to use the public hearing process for the Waterford Development appeal and to discuss this issue further for future applications. e. Abusive Driver Fees Council Member Reid asked that this discussion be deferred and asked that a resolution be prepared for the next work session. Council Member Wright stated he would like to have more facts on the issue prior to a vote on this resolution. 3. For information only: Preview Topics for January 22, 2008: a. Request to remove two parking spaces Vice Mayor Horne asked where the two parking spaces are located. Mr. Wells stated they are located on North King Street between Vaaler Real Estate and Arthur's Shoe Repair. Vice Mayor Horne asked why the spaces are being removed. Mr. Wells stated the spaces need to be removed to allow for access to a rear parking lot. b. Endorsing Leesburg Drought Response Plan There was no Council discussion of this item. c. Legislative Update There was no Council discussion of this item. New Business Council Member Wright stated Council received a memo on the Crescent District Form Based Code recommending that a steering committee be established with a Council representative. He volunteered to be the Council representative and asked that an item be prepared to appoint the committee tomorrow evening. Council Member Reid stated he has received complaints from residents regarding trucks parked on residential streets and asked that staff provide a report at the next work session. Council Member Martinez stated in his neighborhood this issue is covered by the Home Owners Association. Council Member Reid stated truck parking on Tavistock Drive is not covered by their Home Owners Association. Further, he stated this is a Town-wide issue. Town Council Work Session of Januarv 7, 2008 Page 11 Council Member Wright stated this was discussed in the past and the concern was that if the weight limit is lowered below 10,000 pounds that it could effect SUV drivers. 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)(3) of the Code of Virginia, I move that the Leesburg Town Council convene in a closed meeting to discuss potential litigation and property acquisition regarding the O'Connor Property The motion was approved by the following vote: Aye: Hammier, Horne, Martinez, Reid, Schmidt, Wright, and Mayor Umstattd Nay: None Vote: 7-0 Council convened in closed session at 10:37 p.m. Council reconvened in open session at 11:24 p.m. On a motion by Mayor Umstattd, seconded by Council Member Martinez, the following motion was proposed: MOTION In 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 vote: Aye: Hammier, Horne, Martinez, Reid, Schmidt, Wright, and Mayor Umstattd Nay: None Vote: 7-0 Adjournment On a motion by Council Member Martinez, second~d I]y Vie meeting adjourned at 11:25 p.m. C' / ;1 2008_tcwsmin0107