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.
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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