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HomeMy Public PortalAbout2019_tcmin0813COUNCIL MEETING August 13, 2019 Council Chambers, 25 West Market Street, 7:00 p.m. Mayor Burk presiding. Council Members Present: Ron Campbell, Thomas Dunn, Suzanne Fox, Vice Mayor Marty Martinez (arrived at 7:18 p.m.), Neil Steinberg, Joshua Thiel, and Mayor Kelly Burk. Council Members Absent: None. Staff Present: Town Manager Kaj Dentler, Town Attorney Barbara Notar, Deputy Town Manager Keith Markel, Director of Planning and Zoning Susan Berry Hill, Director of Utilities Amy Wyks, Director of Public Works and Capital Projects Renee LaFollette, Airport Director Scott Coffman, Director of Information Technology Jakub Jedrzejczak, Director of Economic Development Russell Seymour, Director of Parks and Recreation Richard Williams, Deputy Director Parks and Recreation Kate Trask, Senior Planning Project Manager Scott Parker, Zoning Administrator Mike Watkins, GIS Coordinator Chip Umbaugh, Senior Planner Richard Klusek and Clerk of Council Eileen Boeing. AGENDA ITEMS 1. CALL TO ORDER 2. INVOCATION was given by Council Member Fox. 3. SALUTE TO THE FLAG was led by Mayor Burk. 4. ROLL CALL Vice Mayor Martinez arrived at 7:18 p.m. 5. MINUTES a. Work Session Minutes of July 22, 2019 MOTION2019-135 On a motion by Council Member Steinberg, seconded by Council Member Thiel, the minutes of the Work Session of July 22, 2019, were approved by a vote of 5-0-1-1 (Vice Mayor Martinez absent, Fox abstain). b. Regular Session Minutes of July 23, 2019 MOTION 2019-136 On a motion by Council Member Thiel, seconded by Council Member Steinberg, the minutes of the Regular Session of July 23, 2019, were approved by a vote of 5-0-1-1 (Vice Mayor Martinez absent, Fox abstain). 6. ADOPTING THE MEETING AGENDA On a motion by Council Member Thiel, seconded by Council Member Steinberg, the meeting agenda was moved for approval. 1 I Page COUNCIL MEETING August 13, 2019 L The motion was approved by the following vote: Aye: Campbell, Dunn, Fox, Steinberg, Thiel and Mayor Burk Nay: None Vote: 6-0-1 (Vice Mayor Martinez absent) 7. CERTIFICATE RECOGNITION a. Certificates of Recognition: Outgoing Environmental Advisory Commission Member Christopher LaFon. Mayor Burk said Council had a Certificate for outgoing Environmental Advisory Commission Member Christopher LaFon but noted that Mr. LaFon was unable to attend to accept but his certificate will be mailed to him. 8. PROCLAMATIONS a. None. 9. PRESENTATIONS a. None. 10. REGIONAL COMMISSION REPORTS a. None. 11. PETITIONERS The Petitioners section was opened at 7:03 p.m. Eric Byrd, Economic Development Commission. Spoke to Council representing the Economic Development Commission. He and other Commission members were in attendance to reiterate their support of the Church and Market Street development project. He spoke about the Commission's mission and how the benefits of this project outweigh the concerns. He said it will create conditions for additional growth to diversify the retail and commercial businesses and create important new residential dwellings and will be a net positive to the economy of Leesburg. Mr. Byrd spoke about adding additional residents to the downtown and the impacts it will have to downtown businesses as well as creating a pool of potential employees which is important to the HUB zone businesses in Leesburg. He added that the improved property is estimated to increase the taxable value of the land significantly providing a net financial gain to Leesburg. Mr. Byrd also spoke about the consequences of not approving this project as there would be limited options for future development of the property and the positive impact to the Town could be delayed indefinitely. Molly Novotny. Spoke to Council as an Urban Planner from Cooley LLC to speak on behalf of the Peterson Companies which owns the mentioned parcels in the Leesburg Gateway area. She addressed the comments made at the Work Session regarding the phasing of residential where three Council Members asked if the plan would allow some component of residential to be developed prior to commercial. Ms. Novotny noted that they appreciated this question as they believe residential is a critical component to any mixed -use project. Ms. Novotny noted that staff advised Council that 2 I Page COUNCIL MEETING August 13, 2019 L the timing of the discussion regarding phasing is at the time of rezoning. She said they appreciate the consent but that the phasing section on page 12-39 of the current draft of the plan is in direct conflict of this. She asked that the Planning Commission and Council reconsider this section of the draft. Ms. Novotny pointed to the third bullet on page 12-29 and noted that the current draft language states no residential or minimal residential development can be occupied until considerable employment uses are built and ready for occupancy. She discussed her concerns with the language remaining as is because any rezoning application that includes residential in an early phase would not be considered consistent and would require a Town Plan amendment. Rosemary Olds, 203 Ayrlee Avenue NW, Leesburg. Spoke to Council in support of the Church and Market project. As a resident and a nurse, she has noted that the proposed location would be a wonderful place for apartments. She said she works at a nearby hospital and said what drew her to Leesburg to start a family is that Leesburg is beautiful and has a sense of community. She spoke about the parades and events and said that people in their upper 20's like herself would be drawn to these activities. Ms. Olds said that if apartments were in downtown Leesburg when she moved here three years ago, she would have moved to Leesburg sooner. She thinks the project will help revitalize Leesburg and is excited about the community space that's included. Randy Minchew, 330 W. Market Street, Leesburg. Spoke to Council as a member of the Northern Virginia Transportation Authority regarding the NVTA item on the Consent Agenda. He said that will give rise to NVTA approving the Standard Projects Agreement on September 12 and will provide the opportunity when the weather is crisp in October for a groundbreaking at the future interchange at Battlefield Parkway and Route 7. He said it would be a good time to appreciate the leadership of this Council and the Councils before that have led to the project going forward. Mr. Minchew noted another item on the Northern Virginia Transportation Authority agenda is approving the request that Town Manager Dentler put in to move some RSTP Funding for the Edwards Ferry Road interchange to a later year. He said that was good work by this Council to move money around so that all the funding was in place for Battlefield Parkway. He encouraged the Town to submit another grant to NVTA so that they can get moving on the second big interchange further up the Route 15 bypass. He noted with the leadership of Council and the Board of Supervisors that there will be a day that you can drive from Fort Evans Road heading to Tyson's Corner with no traffic signal at Battlefield Parkway, Lexington Drive and once you get to Countryside Boulevard there's not much that can be done but with the widenings it will allow commuters not to have to pay the toll on the Greenway driving to Tyson's Corner. Mr. Minchew said he looks forward to approving two items for the Town of Leesburg at the September 12 NVTA meeting. Sara Carter, 43694 Chicacoan Creek Sq., Leesburg. Spoke to Council as a resident of Lansdowne in Leesburg. She said she has been a resident of Leesburg since she was ten years old. She spoke to Council to give her support of the Church and Market Street development. Ms. Carter said that over the years in Loudoun County she found herself an anomaly as not many people have lived here as long as she has or have 3 I Page COUNCIL MEETING August 13, 2019 seen the changes that have gone on. She has lived within the Town of Leesburg several times over the last 34 years and used to run her dogs on what is now the soccer and sports fields at Ida Lee Park. She said when that changed she was brokenhearted but now as a mother with children that now use the fields she has the opportunity of enjoying the area in a whole new way. She mentioned the Antique Emporium that used to be located in downtown and was brokenhearted when it was broken into three spaces and changed. Ms. Carter said that she has since visited one of the new businesses Brick and Mortar and met the manager and said that they have a really fun thing going there. She spoke about the changes to the Lansdowne area where she now lives but said that she and her family enjoy visiting the businesses that are within walking distance. She regularly attends First Friday and shared with Council how much she enjoys it. Her overall point was that there have been things that she has been resistant to changing but that the area is going to change regardless and if there is a group that is going to develop it and bring more love and commerce to the community then she supports it. John Burnham, 114 Slack Lane, Leesburg. Spoke to Council about the Church and Market Street project. He said the Town has gone through a lot of changes and that it has become a very vibrant community down in the historic district. He talked about the dynamics of Leesburg where there are a lot of telecommuters or part-time telecommuters and they want places to go out for lunch, dinner and happy hour or to meet clients. He said downtown has really developed into that. For the Church and Market Street project he thinks about what could be there and if left as is would be badly underutilized. It is very valuable property and there can be a lot more uses for the property. He spoke about what else could go there including a garage and office space, but thinks the mixed -use is what makes the most sense. Mr. Burnham thinks the applicant has used a lot of imagination to try and get this very intense use of space to fit in with the feel of the Town with the setbacks and the non -monumental skyline. He said it is much bigger than it appears to be from the street and he thinks that is a very good thing to help maintain the charm and appeal of downtown Leesburg. He said he supports the project and believes Council should too but to also step back and think what this implies for downtown from a large planning perspective. He spoke about traffic concerns that will be occurring when a lot of other projects will be in development in and around Leesburg. He added that every person he has talked with about making Market and Loudoun Street one-way is in favor of it. Mr. Burnham did ask Council to remember when looking at traffic studies as part of a project to keep in mind that those were done by engineers who are paid by the people developing the project. He also spoke about the overall parking in the downtown. Mr. Burnham concluded with a request to modify the noise ordinance to allow it to go later or else it will reduce the foot traffic to the local restaurants and bars. Allen Cowling. Spoke to Council in support of the Church and Market Street project. He noted he works for the architectural firm working on the project but that he is also a local resident having lived in Leesburg for four years. He said he is excited that the chance exists to bring something to Leesburg. While it takes away some parking, he believes it does stitch together a street line that starts and then stops and then starts again. He thinks it is providing a wonderful thing but leaves it to the Council. Mr. 4 I Page COUNCIL MEETING August 13, 2019 Cowling noted that the current parking lot in its current state is underutilized. He said additional efforts to have bus commuting to the downtown area will be a good thing to keep going and is a good response to the crowded traffic that is trying to make its way down the center streets. Those efforts will help with the downtown development. The Petitioners section was closed at 7:25 p.m. 12. APPROVAL OF THE CONSENT AGENDA Council Member Dunn requested item 12.c. - License Agreement with New Cingular Wireless PCS, LLC, be removed from the Consent Agenda as he would not be supporting it. MOTION2019-137 On a motion by Vice Mayor Martinez, seconded by Council Member Steinberg, the following consent agenda was proposed with item 12.c. - License Agreement with New Cingular Wireless PCS, LLC, removed: a. East Market Street (Route 7) and Battlefield Parkway Interchange - Project Administration Agreement with the Virginia Department of Transportation and Northern Virginia Transportation Authority RESOLUTION2019-107 Project Administration Agreement to Authorize the Virginia Department of Transportation to Administer the East Market Street (Route 7) and Battlefield Parkway Interchange Project and RESOLUTION2019-108 Approving the Standard Agreement with the Northern Virginia Transportation Authority for Fiscal Year 2018-2023 Six Year Program Funding of the Route 7 East Market Street and Battlefield Parkway Interchange Project b. Airport North Hangars Project — Design Grants and Task Order RESOLUTION 2019-109 Approving an Engineering Services Task Order for the Site Work Design of the Airport North Hangars Project at the Leesburg Executive Airport to Talbert and Bright, Inc. in the amount of $220,080.50 and Authorizing the Town Manager to Execute the Task Order and Authorizing the Town Manager to Execute a Grant Agreement with the Federal Aviation Administration for $192, 911.85 and an Anticipated Grant Agreement with the Virginia Department of Aviation for $17,147.72 for the Site Work Design of the Project 5 I Page COUNCIL MEETING August 13, 2019 d. Revised Easement on Town -owned Property for Streetlights on Battlefield Parkway RESOLUTION2019-110 Authorizing the Conveyance of an Easement to Dominion Energy Virginia on Town Property for Electrical Service to Streetlights on Battlefield Parkway e. Sewage Sludge Stabilization & Disposal Service — Contract RESOLUTION2019-111 Supplemental Appropriation to Fiscal Year 2020 Utilities Fund Operating Budget of $960,000 and Awarding the Construction Contract for the Sewage Sludge Stabilization & Disposal Services in the amount of $960,000 f Appointment to the Commission on Public Art RESOLUTION2019-112 Appointing Elizabeth Ransom to the Commission on Public Art The Consent Agenda was approved by the following vote: Aye: Campbell, Dunn, Fox, Vice Mayor Martinez, Steinberg, Thiel and Mayor Burk Nay: None Vote: 7-0 c. License Agreement with New Cingular Wireless PCS, LLC MOTION2019-138 On a motion by Vice Mayor Martinez, seconded by Council Member Fox, the following was proposed: RESOLUTION2019-113 Authorizing the Town Manager to Execute a License Agreement between the Town of Leesburg and New Cingular Wireless PCS, LLC for Small Cell Telecommunications Facility in the Town's Right-ofWay Council Comments: Council Member Dunn said he is not happy with the location in the gateway to the Town and will be voting no against the item. Council Member Campbell asked about new State laws that only allow Leesburg to charge $100 and if that was correct. Ms. Notar said that was correct. Mr. Campbell asked if the Town had any expenses involved in this project. Ms. Notar said that there was staff time to review the applications but the Town cannot charge for that. Mr. Campbell asked if this particular opportunity was only for small cell towers or if it was for larger towers with larger locations. Ms. 6 I Page COUNCIL MEETING August 13, 2019 Notar said the law only applies to small cell units; therefore, existing poles, buildings, those types that are small units where not only is the area that they emit small but the units themselves are small. The units themselves can only be six cubic feet large and the Town can charge $100 for the Right-of-way permit and $100 for the Zoning permit for a total of $200. Ms. Notar added that the license agreement the Town does have them but that the Town cannot add any fees to that license agreement. The motion was approved by the following vote: Aye: Campbell, Fox, Vice Mayor Martinez, Steinberg, Thiel and Mayor Burk Nay: Dunn Vote: 6-1 13. RESOLUTIONS/ORDINANCES/MOTIONS a. TLSE-2018-0005 Church and Market — Special Exception Application MOTION 2019-139 On a motion by Vice Mayor Martinez, seconded by Council Member Campbell, the following was proposed: RESOLUTION2019-114 Approving Special Exception TLSE-2018-0005, Courthouse Square Development Associates, LLC (Church and Market) to Allow 116 Multi - Family Residential Units and an Integral Parking Structure Council Comments: Council Member Dunn said while there is a lot of support for this project and thinks it will pass, he will be voting against it. He noted that there have been a lot of citizens that have expressed concern for the project and thinks that just like those that are for it and that will likely get the vote, that there are those that are opposed to it and they also deserve a voice. Mr. Dunn said he would represent their voice by casting a nay vote. Council Member Campbell said that a lot of voices need to be heard and represented. He said the reality is the how Council balances the future of the Town with some of the current challenges as well as a vision for a better Town and who they depend upon to make the Town grow and remain vibrant. Mr. Campbell said that is the businesses, the citizens, the partners who create jobs and those who spend the time and the money to invest. He believes this process has been long and certainly has not been inexpensive. Notwithstanding there are processes that vet these projects such as the Planning Commission, staff and Town Council. He said that numerous hours have been spent and that the developer has been compliant with looking at the Town's concerns and have been responsive to the challenges. Mr. Campbell said that no project is perfect but the flexibility is what does Council want to do with this particular area. The Town depends on the creativity and needs to understand how to spark innovation and creativity and try new things. Mr. Campbell said this project is the last 7 I Page COUNCIL MEETING August 13, 2019 opportunity. It is the last big piece of land within the historic downtown. He believes that everyone agrees that Council carefully consider what is done with the property but to do nothing he believes means that they have failed. Controlling it from the dais as to what Council believes it should be is also a failure. Mr. Campbell said he believes that this has been a partnership that he has appreciated and there's been a lot of good conversation. Moving forward there are even other processes that they have to go through with the BAR so it is not over yet as to what needs to happen with traffic and style but it starts with Council and he intends to support the project. He believes Council has asked the right questions and the applicant has been responsive and thinks the community and the Town deserves more. Council Member Fox said she mirrored Council Member Campbell's comments and said one of the biggest issues she believes they have here in Town is to fmd downtown parking, She said sometimes Council looks at applications and thinks that they don't have enough parking. She added that when they went to this applicant and said they needed a parking plan and to make sure that the member residents and businesses of the community do not pick up the slack for the parking, the applicant came back with a master parking plan. Ms. Fox thanked them for that and that they also came back with the lift idea which she believes is very innovative and is thinking outside of the box. She thanked the applicant and noted she would be supporting the application. Council Member Thiel noted that the applicant has been fighting for this project for a very long time. He said that with every obstacle thrown at them that they have taken it in stride and moved forward working with the Town and Council. Mr. Thiel noted it is not always easy working with local government and seven minds that think differently. He commended the applicant for coming to Council and being gracious and working with staff so vigilantly. Mr. Thiel said this is the largest development in downtown Leesburg's history and when he ran on his campaign it was about smart economic growth. He said he wants to make sure a piece of the Town is going to be preserved. Passing on this type of opportunity would be foolish for Council as it would move the Town forward economically with more people. He said it is one thing to get people to come to Town and another to get them to spend money. Mr. Thiel said this type of development is going to be great for the downtown and will bring in an aesthetic appeal to downtown and noted that the applicant has worked very hard on their architectural design and working with Council Members on how it's going to look. Mr. Thiel said he would be supporting the application. Council Member Steinberg noted that this has been the most difficult decision he has come to in the short time he has been sitting on Council. He said he appreciates the positive remarks from the residents and the applicant. He noted there are many things he loves about this project and none more than the opportunity that it provides for downtown living. Mr. Steinberg said an infill project like this is ideal for this location but in the end could not support this particular application in its location in the historic district. He said he is not opposed to change and in fact loves change. He added that he is a technology - oriented business and loves all of it. For him, he said the core question is 8 I Page COUNCIL MEETING August 13, 2019 whether the Town is committed to preserving the historic district noting that he has driven around the site any number of times and walked around the site any number of times. He said he just can't get past the six story height of this particular project in the heart of the historic district. Mr. Steinberg said in a perfect world he would probably design the project to have more residential with maybe a little less office and a little more retail and five or fewer stories. He admitted that the architectural aspects are very positive but still needs a little work and that part of the process wouldn't be over. This area offers Council the last best chance at a positive lasting impact on this downtown. He said it is a very important core of the downtown district and his feeling is that they are not quite there yet with this application. Mayor Burk said when the project was first presented she had some concerns and then liked it and then didn't like it and then liked it again. She said she really had to spend some time on it and really think about what was going to be the impact to the Town. She said that until she saw the 3-D resolutions at the Work Session she was not sure she could support it. Mayor Burk encouraged any developer to do that because that made a huge difference for her. She said it made her see where these buildings are going to be placed and how they are going to look and see the impact. She noted that six floors is a big change but its right next to a building that is five and a half stories. She said to see that and to see them integrated together really made a difference for her. Mayor Burk said that and the brick made the difference. She said those items were really the game changer for her. She added using that phrase, the project is going to be a game changer downtown and will blend with what is there now and to respect the charm and the attractiveness of the small town feel. Mayor Burk said that Leesburg is no longer a small town but you still feel it when you are walking down the streets. She wants that to continue along with the charm and believes that this project will do that and that it will help the economic development within the Town. Mayor Burk added that it will also help support the businesses that are here and bring new businesses. She said she liked the component that it has some office space and that they hear a lot that there's no need for office space but noted every office park they currently have is full and they are finding that people do need office space. She said it may not be as big and as grand as it used to be but people do need some office space. Mayor Burk noted that this project will really add to the vibrancy of the Town and will be supporting the whole idea of a traffic study. She said that the traffic study needs to be done before they are finished and have the roads in place and know what's going on and what's going to happen. She added that the Town is going to have to do a real concerted effort on the dais to talk about parking. It's one of the big issues that comes up and that there's going to be some other changes coming down the road that are going to make some impacts too. Council needs to be concerned about that and willing to have that conversation. Mayor Burk said that these structures are going to make a difference in Leesburg and that it is going to be a good difference. She said she will be supporting it. Vice Mayor Martinez said he won't reiterate what has already been said and that the project speaks for itself. 9 I Page COUNCIL MEETING August 13, 2019 The motion was approved by the following vote: Aye: Campbell, Fox, Vice Mayor Martinez, Thiel and Mayor Burk Nay: Dunn, Steinberg Vote: 5-2 b. Street Closure Approval during First Friday Events MOTION2019-140 On a motion by Vice Mayor Martinez, seconded by Council Member Thiel, the following was proposed: RESOLUTION2019-115 Street Closure Approval during First Friday Events Council Comments: Council Member Dunn advised that he did not receive a copy of this information when it was posted. Mayor Burk advised that it was available online. Mr. Dunn noted that he would abstain from the vote since he had not reviewed the item. Council Member Steinberg asked if any feedback was received from Ms. Sola Pallotta regarding the event. Ms. Kate Trask said that they did speak with her and she felt that the event was successful and that recently she and Stroll the Street Coordinator Nick McCarter have spoken and are collaborating for the September event. The motion was approved by the following vote: Aye: Campbell, Fox, Vice Mayor Martinez, Steinberg, Thiel and Mayor Burk Nay: None Vote: 6-0-1 (Dunn abstain) c. Process for Town Proclamations MOTION On a motion by Council Member Steinberg, seconded by Council Member Fox, the following was proposed: RESOLUTION Process for Town Proclamations Council Comments: Council Member Steinberg offered a motion to eliminate the 6:30 p.m. business meeting start time for the proclamations. He said that if the meetings start at 6:30 and it is a short process for proclamations then there will be a 25 minute recess. Otherwise, it would end up being two completely separate meetings with different minutes and different agendas. He said he would prefer to go back to the 7:00 p.m. start time. 10 I Page COUNCIL MEETING August 13, 2019 L MOTION2019-141 On a motion by Council Member Steinberg, seconded by Vice Mayor Martinez, the following was proposed: Keep the Council Meeting start time as 7:00 p. m. Council Comments: Council Member Campbell said this issue came up even after some felt there was no need to change anything out of concern for the community and the citizens. Mr. Campbell believes there are things that Council can do in a short time if there are 10-15 extra minutes including talking to the community that came to be present, take pictures with them or help them celebrate. The idea was to not have them sit through the Council meeting and have a chance to have that special moment, interact, and then leave. Mr. Campbell said he was opposed to changing the 6:30 p.m. start time. Mayor Burk said she would support going back to 7:00 p.m., as the start time but said she is at the meetings by 6:00 p.m. regardless. It really doesn't make a difference to her, but added that she is concerned that if there is only one proclamation and a 25 minute period where there is no activity going on where Council could be doing things. The other real concern Mayor Burk expressed is the perception of not giving out the proclamations and recognitions during the regular business time where it almost diminishes it and says it is not quite as important as the Council business, therefore, we are going to do it ahead of time and get it done before the actual meeting. Mayor Burk said she would be supporting Mr. Steinberg's motion. Council Member Dunn confirmed that Council was only voting on the amendment to the motion. Mayor Burk confirmed that was correct. Council Member Dunn said that he was for the 6:30 p.m. start time noting that rather than it diminishing the importance it definitely sets aside a time that is solely for proclamations and not having it included with other regular business items. Additionally, Mr. Dunn added that after time if Council finds that it does not work that Council can consider changing it. He encouraged Council to consider it going forward as it will give other Council Members who want to definitely be involved in that process the time to do that without slowing down the regular business meeting. Council Member Steinberg stated that he preferred not being lectured to but noted that he also runs a business and so sometimes the idea of having to be to a Council Meeting by 6:30 p.m. could be difficult. He added that there are certain practical aspects noting he has no problem interacting with residents, Council or anybody else but still finds the 6:30 p.m. timeframe a bit early. 11 I Page COUNCIL MEETING August 13, 2019 The motion was approved by the following vote: Aye: Vice Mayor Martinez, Steinberg, Thiel and Mayor Burk Nay: Campbell, Dunn, Fox Vote: 4-3 Mayor Burk asked for any other amendments or changes. Council Comments: Mayor Burk asked about Council Member or Town Manager sponsorship of proclamations. She said she was not sure if there is value having the Town Manager sponsor a Council proclamation. With no offense intended to Mr. Dentler, Mayor Burk offered a friendly amendment to the original motion to have only Council Members sponsor proclamations. The amendment was accepted by Council Member Steinberg and Council Member Fox. Council Member Dunn said he was in favor of the amendment but noted that it was Mr. Dentler that suggested that there were certain circumstances under which he was initiating proclamations. He said that he did not want to take something from Mr. Dentler that he needs. Mr. Dentler said that there are seven Council Members and that he was confident that he could find one of them to sponsor whatever is needed. MOTION2019-142 On a motion by Council Member Steinberg, seconded by Council Member Fox, the following was proposed: RESOLUTION2019-116 Process for Town Proclamations with the amendments to a 6.•30 p.m. start time and Town Manager sponsored proclamations removed. Council Comments: Council Member Dunn asked about rules # 1 and #3 and that it appears that they are saying the same thing but recognizes that they are different words. He was trying to understand what was being accomplished with that. He asked if a proclamation wants to be presented today if it gets announced and that it has to be brought back for work at a Work Session and/or a vote later and that he has to let Council know that he wants to bring the proclamation up last meeting. Mr. Dunn asked if that was correct. Mayor Burk said that is how she sees it. Mr. Dunn says that it has to be announced at the current meeting to work on it and vote for it being at the next meeting which means it is going to be a three meeting process. Mayor Burk said that if it was three meetings it could be difficult at times because they have events that come up where they ask for a proclamation the week before the event. She said that they won't be able to include those requests moving forward. Mr. Dunn asked if the proclamation by their signature be the affirmation rather than having to vote on it. He asked if those that want to add their names to it can add 12 I Page COUNCIL MEETING August 13, 2019 their names to it. Mayor Burk confirmed that possibly in the motion that Council no longer vote on the proclamations but simply either sign them or not sign them. Mr. Dunn said that Council could announce that they wanted to be added to it. Mr. Dunn said that if Council is happy with the longer process, they he is ok with it. He was just trying to shorten it. Mayor Burk said she was not ok with the longer process and thinks it is a problem. Vice Mayor Martinez said the reason for the longer process is to allow for some Council Members that don't want to sign the proclamation and it gives them the opportunity to at least let people know or staff know not to put their signature line on the proclamation so they don't have to worry about it at the time of the meeting at which they are voting. Vice Mayor Martinez added that a proclamation is a statement from the Town and Council and not voting on it would not make it a legal statement from the Council and that is the reason they need to vote on it. Mayor Burk asked if anyone else wanted to make a change on the process. She asked for a friendly amendment from Mr. Steinberg if there is a way to streamline this process. Mayor Burk said it shouldn't take six weeks to get a proclamation on the agenda which is what would end up happening. Mr. Dentler clarified that most of the proclamations are repetitive. They come around every year. As a result, staff has already identified those proclamations on Tab A or the Council Calendar. He said nothing precludes Council from telling him well in advance that there is a proclamation that a Council Member wants Council to consider. Mr. Dentler said the key here is that everyone has prior notice of them coming on the agenda and that Council can read it and tell staff if they want their name attached to it. The majority of them, roughly 95-99% of them, are already listed on Tab A. Mayor Burk asked if there was a way to add some of the new ones that come towards the end of the process if they can be added. She asked for a way to add some so that if there's a Boy Scout that you want to honor at his Eagle Scout meeting which is a week after the Council Meeting how that could be processed if it is two weeks ahead versus six weeks ahead. Mr. Dentler referred back to one of the reasons this came up was because Council wanted to make sure they had an opportunity to see the proclamations beforehand and vote on them at least one meeting in advance of the presentation versus the night of. Mr. Dentler said that if that is still one of Council's goals, then they can't process last minute proclamations. Mayor Burk read the two proposed rules: "Require advance request for proclamations of at least one business meeting prior to the presentation" and "Require advance voting of at least one business meeting on the Town proclamations." Mayor Burk understood that to be two meetings. Mr. Dentler clarified that it is only one meeting in advance for both. For example, if there was a second meeting in August, as long as they are voting on the proclamations at the current meeting, the proclamations can be presented in two weeks. There could be a new one presented at the meeting, but that they will already 13 I Page COUNCIL MEETING August 13, 2019 have a list of them just like Council is going to approve for the September meeting. Mayor Burk said that was not unreasonable but said the way she read it that it was going to be a six week process before they got the proclamation. She said she was good with Mr. Dentler's explanation that it is only one meeting in advance which is normally two weeks. Mayor Burk asked if there was anything else Council wanted to take off, move, etc. Council Member Dunn said that in reference to "Requiring advance proclamation of at least one business meeting," the suggestion he had was normally how things are brought up before it even gets to a business meeting is at a Work Session. He noted that they had that discussion at the previous night's Work Session. He asked for consideration to require advance request at Work Sessions for proclamations at the next business meeting which in other words would be the next day. So if it is printed at a Work Session, it gets put on the agenda which falls in line with other rules that it goes on the agenda for presentation at the next business meeting and then there can be a vote on it at which people can sign it by the following business meeting and presentation to the public. He said that is a two meeting process. He asked for confirmation from Mr. Dentler if that is the same as the process he outlined. Mayor Burk said that Mr. Dunn was making the process longer so that they would not be making that change. Mr. Dunn said in his mind it made perfect sense. The motion was approved by the following vote: Aye: Campbell, Dunn, Fox, Vice Mayor Martinez, Steinberg, Thiel and Mayor Burk Nay: None Vote: 7-0 d. Approval of September 10, 2019, Proclamations MOTION2019-143 On a motion by Vice Mayor Martinez, seconded by Council Member Thiel, the following was proposed: Motion to approve the following proclamations: World Suicide Prevention Day, Hispanic Heritage Month, Constitution Week, Childhood Cancer Awareness Month, Payroll Week Council Comments: Council Member Fox asked if these were Town -manager initiated as the sponsor. Mayor Burk said she is the sponsor. Council Member Campbell said the second part was to identify who was going to receive the proclamations. Mr. Campbell said one of the concerns he had last year about Hispanic Heritage Month was that it was presented to 14 1 Page COUNCIL MEETING August 13, 2019 1 someone who didn't live in the community. He wanted to make sure that all of the people getting this are also identified in addition to the sponsors. Mr. Campbell said it would be hard for him to vote without those recipients identified. Mr. Dentler said that is understandable but that the information is not identified at this time. Mayor Burk asked Mr. Dentler if he could assure Council that it would be someone identified from within the Town. Mr. Dentler said that if that was the direction from Council is to make sure it is to someone or to a group within the Town or whatever restriction or criteria they can make sure to hit that but they don't have anyone identified at this moment but will try to make sure they are identified in the future. Mr. Campbell said that with the addition of the names, they are voting on a complete document and not a part of it. Council Member Dunn advised he would be abstaining from the vote. The motion was approved by the following vote: Aye: Campbell, Fox, Vice Mayor Martinez, Steinberg, Thiel and Mayor Burk Nay: None Vote: 6-0-1 (Dunn abstain) Mayor Burk asked if any Council Member wished to have their name removed from the proclamations. Council Member Dunn indicated he would like his name removed from these and all future proclamations regardless of the topic. e. Council Rules of Procedures — Revisions MOTION2019-144 On a motion by Council Member Dunn, seconded by Council Member Thiel, the following was proposed: RESOLUTION2019-117 Amending Council Rules of Procedure Council Comments: Council Member Dunn asked for a slight modification to the motion. Mayor Burk asked to review the changes to the Rules first as listed in the draft resolution and then get modifications. Council Comments: Council Member Fox said she thought that voting on Closed Sessions at a Work Session did not get four head nods at the Work Session. Council Member Dunn said he did not think it received four head nods either. Council Member Steinberg said that the decision was that the Closed Sessions were the only thing Council could take a vote for at Work Sessions but no vote being taken after the Closed Session other than to certify the Closed Session. Mr. Dunn said he understood the concept but did not think that there were four Council Members in favor 15 I Page COUNCIL MEETING August 13, 2019 of it. Ms. Notar said both she and Ms. Boeing had the tally for the changes. The changes for additions to current Council Meetings and adding Closed Session to the Work Sessions and only formal action able to take is going in and going out of Closed Session. Mr. Dunn asked the Clerk if she had the names of the four people in support of adding the Closed Session item to Work Sessions. Ms. Boeing read the tally from the Work Session with Mayor Burk, Vice Mayor Martinez, Council Member Campbell and Council Member Steinberg in support. Ms. Notar said she independently had the same tally vote as well. Council Member Dunn said he felt what Vice Mayor Martinez was trying to get done was being able to add things to meetings quicker. He said after thinking about it, he offered under Section 14. that it really does not distinguish between adding things to future meetings as to whether they are Work Sessions or not. He said technically the only thing they would have to change when adding things to future meetings is adding to future agenda items on their agenda for regular meetings. Mayor Burk asked if Mr. Dunn was making a motion. Mr. Dunn said he was recommending additions to future Work Sessions be allowed to be added during regular Council Meetings in addition to Work Sessions. Mayor Burk asked if Mr. Dunn was requesting this to be added to Section 14. Mr. Dunn said technically it does not need to be in Section 14 because if they read the existing verbiage, there's no distinction between Work Sessions and regular meetings about adding things to future meetings. Mr. Dunn said there is if you want to add it to the next night. This was accepted as a friendly amendment to the motion by Council Member Dunn and Council Member Thiel. Mr. Dunn said that they already have and he has read through the Rules that distinguishes between Work Sessions and Regular Sessions so technically the only thing that would have to change is on the regular meeting agendas add another item perhaps before Council Member Comments adding items to future Work Sessions. He added that there is no real difference between adding it at a Work Session and not being able to bring it up at a Regular session. He said as far as a procedure, it does not distinguish this in the Rules. Council Member Thiel asked Mr. Dentler if that would allow it to the next day's meeting. Mayor Burk said this would make it for the next meeting two weeks later. Mr. Thiel asked if that was an issue for staff depending on the size or the scope of the item. Mr. Dentler said that it all comes down to what the topic is and how much work is involved. He said they have a practice right now that when Council asks for a new item for a future meeting that it is added four weeks later unless Council is really pressed for an item. That was part of the arrangement made to get the packet out one day earlier is that Council would give staff time to do so. Mr. Thiel said that would give Council the flexibility to add an item to the next meeting as long as it was not a colossal item. Mr. Dentler said that was correct. Mayor Burk said that was not what he was saying. Council Member Dunn said that was not what he was saying. Mr. Dentler said he 16 I Page COUNCIL MEETING August 13, 2019 understands what Council Member Thiel is asking and that is if it would normally go out four weeks, essentially two meetings out, that obviously there are times where Council has to take quick action and staff will always accommodate that. Mr. Dentler said normally it would be two meetings out. Mayor Burk said they are cutting it down to one meeting if Council votes for this. Council Member Dunn said that was not correct. He gave an example from the previous night's Work Session. He thought he forgot to add his Art Commission appointment at the Work Session and thought he missed the opportunity. He forgot. Mr. Dunn said he would be able to with the change requested being that tonight he would have asked that she be added to the agenda for the vote in two weeks. He said the only thing it did within a 24-hour period from adding on to the agenda at the Work Session is being able to add it on a future agenda at the Regular Session also. It would give Council two nights to add things. Mayor Burk confirmed that it did not mean it had to be added to the next meeting. Council Member Dunn said that was correct that it was to add things to future Work Sessions and Regular Sessions at both meetings. He said all the old rules still apply and the only thing changing is adding an agenda item to the regular agenda which is Additions to Future Meetings. Mayor Burk confirmed that this is a friendly amendment to add this to the Rules of Procedure. The motion was approved by the following vote: Aye: Campbell, Dunn, Vice Mayor Martinez, Steinberg, Thiel Nay: Fox and Mayor Burk Vote: 5-2 f. Renewal License Agreement with Environmental Systems Research Institute (ESRI) Council Member Thiel disclosed that since he is an employee of Environmental Systems Research Institute (ESRI). He disqualified himself from voting on the item and stated he would be abstaining from the vote and leaving the room during discussion of this agenda item per the Conflict of Interest Act. MOTION 2019-145 On a motion by Vice Mayor Martinez, seconded by Council Member Steinberg, the following was proposed: RESOLUTION2019-118 Authorizing the Town Manager to Execute a License Agreement with Environmental Systems Research Institute (ESRI) for the Annual Maintenance Contract of the Town's Geographic Information System (GIS) 17 I Page COUNCIL MEETING August 13, 2019 g. The motion was approved by the following vote: Aye: Campbell, Dunn, Fox, Vice Mayor Martinez, Steinberg and Mayor Burk Nay: None Vote: 6-0-1 (Thiel abstain) Illumination of the Parking Garage for International Overdose Awareness Day MOTION 2019-146 On a motion by Vice Mayor Martinez, seconded by Council Member Steinberg, the following was proposed: I move to approve the illumination of the Town Parking Garage August 30-31, 2019 for International Overdose Awareness Day Council Comment: Council Member Campbell said for transparency, the staff report said it was approached by local churches. He asked which churches made the request. Mayor Burk said it was Rabbi Greenspoon. Mr. Campbell said again it is a matter of knowing who they are dealing with and who Council is approving things for and he is not sure about this particular day but with that notwithstanding it helps to know that they are doing something within the community. The motion was approved by the following vote: Aye: Campbell, Dunn, Fox, Vice Mayor Martinez, Steinberg, Thiel and Mayor Burk Nay: None Vote: 7-0 h. Foreign War Monuments Tour on Courthouse Grounds MOTION 2019-147 On a motion by Vice Mayor Martinez, seconded by Council Member Fox, the following was proposed: RESOLUTION2019-119 Hosting of a Courthouse Grounds Foreign War Monuments Walking Tour on Town Mobile App Council Comments: Council Member Campbell said he went on the app a few times and said there are updates that need to be done to the Town's items but part of his question is as they are adding, what also is the Town missing or not updating on the app. Mr. Campbell said he would like at some point to take a look at the Town walking app, the African American walking app, and what updates and 18 I Page COUNCIL MEETING August 13, 2019 changes and what additional things could be added to make it better. He said even as the Town is inviting new partners, he wants to be sure that the Town's portion does not remain static. He said that while it is not part of this particular resolution he wanted to make sure he made those points that they also stay fresh. Mr. Campbell asked if it was possible to see a demonstration of the app before they offer it to the public in terms of what they add. Mr. Markel asked if Mr. Campbell was looking to see specifically what was being developed for the war memorial. Mr. Campbell confirmed that was correct. Mr. Markel said that they could show Council a preview before it goes live to the public. Council Member Steinberg asked if there are any expressed concerns in giving a third party access to the Web site and the app. Mr. Markel said he believed how it was going to be approached was that they are going to develop the content, create the material and provide the photographs and that the Town staff will do the uploading into the app. Mr. Markel said it is not that complicated but there is a learning curve to it. Mayor Burk asked about the intern. Mr. Markel said they did have an intern that developed the first two tours but the Town does not currently have an intern to work on this project. He said they will see what staff is available to work on this. The motion was approved by the following vote: Aye: Campbell, Dunn, Fox, Vice Mayor Martinez, Steinberg, Thiel and Mayor Burk Nay: None Vote: 7-0 i. Eastern Gateway District Small Area Plan MOTION2019 On a motion by Vice Mayor Martinez, seconded by Council Member Thiel, the following was proposed: RESOLUTION Endorsing Town Plan Amendment TLTA-2018-0002, Eastern Gateway District Small Area Plan Council Comment: Council Member Fox asked for consideration on phasing bullet point number three where the phasing plan should demonstrate that no or minimal residential development can be occupied until considerable employment uses are built out. Council Member Fox said she understands this and believes in a perfect world that is good but does believe that some residential is needed to build some more. Ms. Fox said she needs some type of provision added where it will not be total residential. She asked for an amended motion. Mayor Burk asked for clarification of the amendment. Ms. Fox said in lieu of bullet point three on phasing on page 12-39, application phasing plan should demonstrate that no or minimal residential development can be occupied until considerable employment 19 I Page COUNCIL MEETING August 13, 2019 uses are built and ready for occupancy or tenant fit up. Ms. Fox asked Council to reconsider that and allow some residential to be built but have the proviso that there's no exception for them to come back and ask for full residential for the entire project. The amendment was not accepted by Vice Mayor Martinez stating that allowing them to build residential first changes the whole strategic plan of the Town. MOTION2019-148 On a motion by Council Member Fox, seconded by Council Member Dunn, the following was proposed: Amend Section 12-39 to allow for some residential phasing first and not allow them to come back and make it all residential at any point. Mayor Burk confirmed that some is a term that the Planning and Zoning Department can deal with. Vice Mayor Martinez asked if some is 10%, 10-20% or 50%. He believed that the Town needs to define what some is going to be. Ms. Berry Hill said that staff can work on this and if it is being sent back to the Planning Commission that they can work on some language to bring forward to the Council. She said it is always going to be debatable and that Council heard from Ms. Novotny earlier during the Petitioner's Section asking what some would mean to them and if it is 50% of the project or something significantly less. Ms. Berry Hill said any guidance the Council could provide as it is being worked on would be helpful. Council Comments: Council Member Fox said she would like information from the Planning Commission and thinks it is in their purview to give a recommendation. Ms. Berry Hill said that they can do that. Mayor Burk said that she would be very concerned about doing this. She said there have been projects that she has been around long enough to see where they come in and say they are going to do a lot of great economic development and then come back in and say the market has changed and they want to do all housing. Ms. Fox said that is what she wants to prevent with this language. Mayor Burk said she would not be supporting if for the reasons she stated. Council Member Steinberg asked Mayor Burk what it was that she is not supporting. Mayor Burk said she is not supporting changing the language that Council Member Fox is proposing to allow residential phasing first. Ms. Fox said some residential phasing first and language that they cannot come back and ask for all residential. Mr. Steinberg asked for a reading of the language as it exists now. Ms. Berry Hill stated the language as is currently exists is that the application phasing plan should demonstrate that no or minimal or residential development can be occupied until considerable employment uses are built and ready for occupancy or tenant fit up. Ms. Fox asked what is considerable as that parameter is not defined either adding that there should be some sort of provision in there that would prevent an applicant from coming back saying oh, I'm sorry, 20 I Page COUNCIL MEETING August 13, 2019 the market changed and I want all residential. She said that is not what the Town wants. Ms. Fox said that the Town wants them to be able to fund their projects as well and residential is that funding mechanism so there should be some residential allowed. Mr. Seymour said that phasing is a very good concept because it does provide funding and does move a lot of projects forward. The concern he has when talking about defining this is how it is defined and that they should come up with a very definitive number. He added that any residential that goes into an area that is then to be followed by some type of non-residential commercial development does put any elected body in somewhat of a tight position because the minute the houses get filled that it is a body that is going to weigh in on the rest of the development that is going to take place. He cautioned Council on this noting that this is the last major track of land or area on Route 7 that the Town has. He advised them to be very careful because while he completely understands phasing is important, he also understands that it can put Council in a very tight position as people come in as voters and say we don't want to have whatever the proposed development is. Mayor Burk confirmed the wording that Council Member Fox was proposing to allow some residential phasing first. Ms. Fox added that the applicant may not come back and ask for all residential at any point. Council Member Dunn said he agreed with a lot of the comments that have been made and said that running into words like some or some of the verbiage that is already there can leave a lot of flexibility and much like he mentioned at the Work Session about design features, the flexibility is what is hurting them not necessarily helping them. He said if the Town comes up with what some is as far as a number, it might be good to know at least what a minimum acceptability level will be. Mr. Dunn said it is difficult because every project is different and there are no two that are alike. He said he was on the County Planning Commission when Kincora or Loudoun One at the time of the Loudoun Hounds. He said they put all kinds of conditions on them and that it died. They made conditions on them like how many events they could have and how many concerts they could have versus games. Mr. Dunn said he started thinking that this isn't going to succeed and it didn't. He added that if the Town is going to use words like some that they may want to consider, especially when they are sending things to the Planning Commission, that he knows what happens with staff. He added that he wasn't getting on staff but this all of a sudden turns into not just we want to see what the Planning Commission says but this is a Council directive. Mr. Dunn said that they are just here for approval. He said everything is up for grabs when it goes to the Planning Commission not that Council is dictating to them. Mr. Dunn said that if Council wants to put a number in there to allow for the flexibility and consider it low on areas where you want to have more strict guidelines you put in a higher number and allow for less flexibility. Council Member Dunn said that in this situation the verbiage that is already there may be ok and would also caution that while this is admirable if this is something that they can hold future Councils to still demand that the development stay residential. Mr. Dunn asked staff if that was something Council could dictate that a development would have to say as a proffer that they 21 I Page COUNCIL MEETING August 13, 2019 would have to stick to the numbers or the phasing that they had or would they have to come back to Council as a text amendment or possibly rezoning if they want to change what had been proffered as a condition of that development regardless of how far into the future that is. Ms. Berry Hill said if they proffered their phasing plan and they want to change that in the future they would need to seek a proffer amendment. Mr. Dunn confirmed that they can hold future Councils accountable as long as it is a proffer. Ms. Berry Hill said that was correct. Council Member Campbell said he was listening to the concerns but also sees what previous Councils have done. He said they have been the ones to allow the changes and the phasings or the balances. Mr. Campbell said he understands what developers want and need. He said the problem he has is telling a developer how to cash flow their project versus what the Town thinks it needs and comes down to how the Town asks and how the Town negotiates to get the outcome. He said having strict rules and regulations, you'll have your rules and regulations but you won't have any baseball fields. The Town may want this thing but how do you get the desirable outcome and write the policy is what makes sense. Mr. Campbell said it is not telling them how to phase or how do you open the door to the kind of phasing you'd like to see is how you word it. He said if you word it too strict you get no phasing because you get no project. If it is worded too loose then obviously that doesn't work either. He said that is the work and the challenge Council should put to the staff and Planning Commission to help them find those solutions. He said then Council can work on it from there but right now for anyone to say a number without seeing an application and knowing the financial plan doesn't make sense to him to do that. He agrees with Council Member Fox to modifying the language and work on it to be sure it gets the desirable outcome. Mr. Campbell said he believed that to be as strict as it is right now will not get the desired outcomes that are in the Eastern Gateway District Plan. The motion was approved by the following vote: Aye: Campbell, Dunn, Fox, Thiel Nay: Vice Mayor Martinez, Steinberg and Mayor Burk Vote: 4-3 MOTION2019-149 On a motion by Vice Mayor Martinez, seconded by Council Member Thiel, the following was proposed: RESOLUTION Endorsing Town Plan Amendment TLTA-2018-0002, Eastern Gateway District Small Area Plan with changes to Section 12-39 22 I Page COUNCIL MEETING August 13, 2019 The motion was approved by the following vote: Aye: Campbell, Fox, Vice Mayor Martinez, Steinberg, Thiel and Mayor Burk Nay: Dunn Vote: 6-1 14. PUBLIC HEARINGS a. None. 15. UNFINISHED BUSINESS a. None. 16. NEW BUSINESS a. None. 17. COUNCIL DISCLOSURES AND COMMENTS Council Member Steinberg said he and Vice Mayor Martinez met with three members of the NAACP Executive Committee which included President Pastor Michelle Thomas, Vice President Amanda Tandy and the Legal Redress Committee Chair Buta Biberaj. He relayed that the three were understandably concerned with what they perceived by a lack of action by a Council pertaining to the unfortunate events surrounding the proclamation presentations a few weeks ago. Mr. Steinberg said overall it was a good positive meeting and they came to some good conclusions. Mr. Steinberg said that they are seeking to establish solid consistent lines of communication between the organization and the Council. He said as he mentioned at the Work Session that they are hoping to create an MOU similar to the one with the Leesburg Police Department but with access to two or more perhaps members of Council and possible staff. He said they are hoping that Council can establish clear guidelines and procedures which he said he also brought up at the Work Session pertaining to taking specific disciplinary actions should Council have a similar situation arise in the future. Mr. Steinberg said at no time was there any indication that they intended to revisit any of the votes that have already occurred. He noted that they were hoping for another meeting with as many Council Members who would choose to attend. Council Member Thiel disclosed that he met with Mr. Andrew Gregg from the Penrose Group who is going to be an applicant for the 204 Liberty lot. Mr. Thiel said he met with Mr. Randy Minchew who is a land lawyer for the Church and Market project and Mr. Rich Norman who is an investor in the Church and Market project. Mr. Thiel said First Friday or Stroll the Streets was a huge hit and looked absolutely amazing. He heard the Taste of Leesburg was great but was unfortunately out of Town for the event. He noted that while he was on vacation he caught a 9' Tiger Shark just off the coast of Ft. Lauderdale beach about a mile away from where his wife was swimming at the time. Mr. Thiel sent his condolences to everyone affected by the El Paso and Dayton shootings. 23 I Page COUNCIL MEETING August 13, 2019 Council Member Dunn disclosed he had a phone call with Mr. Blair White in reference to Courthouse Square. Council Member Campbell congratulated Mr. Nick McCarter and the EDC and the Town for stepping up to the plate to do something creative, innovative and successful for First Fridays. He added congratulations for Taste of Leesburg and noted he got their early and watched the wonderful set-up. Mr. Campbell said that the Town does a great job of managing the traffic flow. He noted that he attended the first Loudoun United Soccer game and said that one of the concerns expressed was how the traffic may affect the Town. Mr. Campbell said that from the County perspective and their traffic control and the Town being very observant that there was very little the Town had to do other than the traffic lights. He said it seemed to be an easier process getting out than it was getting in. Mr. Campbell said he attended the meeting with the NAACP. He said his two takeaways were that difficult dialogue no matter how difficult still needs to be had and he said that there was a disappointment expressed that the entire Council was not present. He added that the NAACP does expect real action regarding a relationship on the communication and cooperation strategy with the Town Council. Mr. Campbell said that some may question why the Town Council needs to work with this organization versus other organizations. He said that he feels Council needs to work with whoever comes to the table to help this community be more responsive and be better. He said he did not believe that there is any organization or group that they would not work with. He said that Council is incumbent to listen to the entire community and that they are having those conversations no matter how difficult. Council Member Fox stated she wasn't in attendance at the last set of Council meetings because her daughter graduated from college and that she was proud of her. Ms. Fox disclosed that she did have a meeting with Ms. Christine Gleckner and Mr. Blair White about the Special Exception for the Church and Market project. She also disclosed a telephone call with Mr. Taylor Chess for the Eastern Gateway Plan. Ms. Fox thanked the Tuscarora High School students for putting together and leading the crowd through a vigil. Ms. Fox noted that she loved being on the street and seeing everyone downtown for First Friday and Taste of Leesburg. She added that she also went to the Loudoun United's first game. She said it was as Council Member Campbell explained that getting into the game was tough but getting out was quite easy. She congratulated them for opening their stadium. Vice Mayor Martinez said he understands that First Friday and the closing of King Street was a big success and that the Taste of Leesburg was done really well. He also commended the Tuscarora High School students who put together the vigil for the victims of the El Paso and Daytona shootings. Vice Mayor Martinez said they were very eloquent in their comments and their ability to move people the way they did especially for their age. He said the faith he has in the youth is well-founded and they give him hope for a brighter future where there is an end to the senseless gun violence. Vice Mayor Martinez commended Council Member Steinberg for chairing the NAACP meeting. He said he managed the meeting well and was thoughtful and made some very good 24 I P age COUNCIL MEETING August 13, 2019 statements about how they are approaching the issues. He thanked the NAACP Board for attending and staff for attending and facilitating the meeting which at times may have been a little stressful. Vice Mayor Martinez said that they needed to meet. He added that if they meet again with the NAACP that he strongly encourages all Council Members to attend. 18. MAYOR DISCLOSURES AND COMMENTS Mayor Burk noted that the Doner Bistro moved to Virginia Village and had a great opening. Mayor Burk also welcomed Images Hair Salon and noted that they opened up with new owners. Mayor Burk disclosed that she met with Mr. Garrett McGuire regarding the AT&T item and a meeting with Mr. Blair White regarding the Church and Market development. She added that she met with Mr. Peter Burnett regarding the possibility of doing a food pantry similar to a free library box to retrieve what you need when you need it. Mayor Burk added that she along with Economic Development Director Russell Seymour met with the new president of REHAU. She noted that REHAU is one of Leesburg's larger employers and said that they have always had a strong relationship with the Town and she encouraged them to continue. Mayor Burk said she is looking forward and excited to being a part of Leesburg. She thanked Mr. Dentler for his efforts for the cookout for the employees. She said that it was really an enjoyable event and that the employees really liked it. Mayor Burk offered her sympathies to Mr. and Mrs. John and Pat Daly on the death of their son who passed away last month. She congratulated the Police Department on the National Night Out at Potomac Crossing. Mayor Burk met the new Director of The Marshall House. She said they have new plans and intend to emphasize Leesburg and The Marshall House. She thanked the students from Tuscarora High School that put together the vigil. Mayor Burk said they did the real load of the work and the presentation and it was phenomenal. She congratulated Parks and Rec on another fantastic Taste of Leesburg event. Mayor Burk thanked Mr. Nick McCarter on a great First Friday. Mayor Burk thanked the Leesburg Islamic Center for inviting her to join them for EID Mubarak celebration. Mayor Burk thanked Be Beauty, 880 Harrison Street and Leesburg Diner for allowing her to have office hours in their businesses during the last two weeks. 19. TOWN MANAGER COMMENTS None. 20. CLOSED SESSIONS Mayor Burk noted that there were two subjects to be discussed during Closed Session. She asked Ms. Notar if a Council Member wished to attend one but not the other if that was possible. Ms. Notar said that there will be two different motions so if a Council Member does not want to attend one of them they do not have to attend. a. Closed Session — Pending Litigation: Traditional Home LLC v. Town of Leesburg (Loudoun County Circuit Court Case No. 116175) — Closed Session #1 25 I Page COUNCIL MEETING August 13, 2019 L and b. Pending Litigation/Legal Consultation Requiring Specific Legal Matters Relative to the JLMA/Annexation and/or a Boundary Line Agreement of the JLMA — Closed Session #2 Closed Session #1 (Item 20.a.) On a motion by Mayor Burk, seconded by Council Member Thiel, the following was proposed: MOTION 2019-150 I move pursuant to Section §2.2-3711(A)(7) of the Code of Virginia that the Leesburg Town Council convene in a closed meeting for the purpose of consultation with legal counsel and briefings by staff members or consultants pertaining to pending litigation in reference to the Traditional Home LLC v. Town of Leesburg (Loudoun County Circuit Court Case No. 116175). Council Comments: Council Member Dunn said he would not be attending this Closed Session as he understands that the applicant is wishing to have discussed in Closed Session some aspects of a potential plan and/or meetings with Council Members. Mr. Dunn said he has not read the Closed Session packet because he believed that this information was in it. He added that what was told was that the applicant does not want certain things disclosed because their application is not ready for prime time. Mr. Dunn said that is understandable but as he has said and the Mayor has brought situations like this before where people do not want something to go public. He said his response to that is that he is the public and that he represents the public and Town staff serves the public. Mr. Dunn said that if they don't want something to go public then don't tell him. He said it is not like he is running around blabbing about things but he doesn't want to feel like he is held to not disclosing to the public when he is the public. Mr. Dunn said he rather if the applicant is looking to get head nods from Council, noting that he believed this application was denied about a year ago, that the application can come forward again and use the normal processes. He encouraged the applicant to pursue going to the public and taking their case to the public rather than trying to get advance head nods from Council. Mr. Dunn said he would not be taking part in the first part of the Closed Session especially if it is dealing with part of litigation being satisfied by presenting Council with a proposed plan. Council Member Campbell said he would also be voting no stating that he was not opposed to the advice that was given to meet individually with the applicant and it is no different than any other applicant that they would meet with individually. Mr. Campbell said that he is also a little concerned with what is stated in the information in the Closed Session packet that the applicant has decided to move forward with litigation because they have already talked to one person that apparently has driven them to litigation. Mr. Campbell said Council cannot take any group action in a Closed Session but offered as advice for 26 I P age COUNCIL MEETING August 13, 2019 Council to meet individually and those that choose to meet individually cannot give the applicant any certain direction on Council action or his individual feeling. Mr. Campbell said when he looks back to the previous year's vote, he noted he tried to shorten the period to get where they are today which is hearing the applicant's response to the problem that existed in the first application. Mr. Campbell said he is very interested in hearing about that process and not concerned as much about the litigation piece. Mr. Campbell said if there was a Closed Session simply on the litigation piece without hearing what new plan may come up, he is all for the litigation piece. Ms. Notar clarified that this is what the Closed Session is about. Mr. Campbell confirmed that Council would not be looking at any application or concept development. Ms. Notar said they would not. Council Member Fox said that was her question as well and confirmed with Ms. Notar that Traditional Land LLC would not be in the Closed Session with Council. Ms. Notar said they would not be. Council Member Campbell confirmed with Ms. Notar then that the only purpose of the Closed Session was to talk about pending litigation. Ms. Notar said that was correct. The motion was approved by the following vote: Aye: Campbell, Fox, Vice Mayor Martinez, Steinberg, Thiel and Mayor Burk Nay: Dunn Vote: 6-1 Closed Session #2 (Item 20.b.) On a motion by Mayor Burk, seconded by Council Member Fox, the following was proposed: MOTION 2019-151 and 2.2 3711(A)(8) of the I move pursuant to 015.2-2907(D) and 2.2-3711(A)(7) Code of Virginia that the Leesburg Tlegal and briefingswn Council convene ln a by stafof members sed meeting for the purpose of consultation with leg pertaining to pending litigation where such consultation in open session would adversely affect the negotiating or litigating posture of the Town and consultation with legal counsel regarding specific legal matters requiring the provision of legal advice by such counsel, and pertaining to a potential annexation and/or boundary line agreement of the JLMA. The motion was approved by the following vote: Aye: Campbell, Dunn, Fox, Vice Mayor Martinez, Steinberg, Thiel and Mayor Burk Nay: None Vote: 7-0 The Council went into Closed Session at 8:46 p.m. Council Member Dunn only participated in Closed Session #2 regarding Pending Litigation/Legal 27 1 Page COUNCIL MEETING August 13, 2019 Consultation Requiring Specific Legal Matters Relative to the JLMA/Annexation and/or a Boundary Line Agreement of the JLMA. Council reconvened in a public meeting at 9:42 p.m. Certifying Closed Session #1 (Item 20.a.) MOTION 2019-152 On a motion by Mayor Burk, the following was proposed: In accordance with Section §2.2-3712 of the Code of Virginia, I move that Council certify to the best of each member's knowledge, only public business matters lawfully exempted from open meeting requirements under Virginia Freedom of Information Act and such public business matters for the purpose 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 Roll Call vote: Campbell -aye, Fox -aye, Vice Mayor Martinez -aye, Thiel -aye, Steinberg -aye, and Mayor Burk -aye. Council Member Dunn -abstain. Certifying Closed Session #2 (Item 20.b.) MOTION2019-153 On a motion by Mayor Burk, the following was proposed: In accordance with Section §2.2-3712 of the Code of Virginia, I move that Council certify to the best of each member's knowledge, only public business matters lawfully exempted from open meeting requirements under Virginia Freedom of Information Act and such public business matters for the purpose 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 Roll Call vote: Dunn -aye, Campbell -aye, Fox -aye, Vice Mayor Martinez -aye, Thiel -aye, Steinberg -aye, and Mayor Burk -aye. MOTION 2019-154 On a motion by Vice Mayor Martinez, seconded by Council Member Thiel, the following was proposed: RESOLUTION 2019-121 Initiation to Amend Zoning Ordinance Article 6.5 to Establish Modification Allowances for Setback, Lot Width, and Height Requirements in the B-3 District 28 I Page COUNCIL MEETING August 13, 2019 The motion was approved by the following vote: Aye: Campbell, Dunn, Fox, Vice Mayor Martinez, Steinberg, Thiel and Mayor Burk Nay: None Vote: 7-0 MOTION 2019-155 On a motion by Council Member Fox, seconded by Council Member Steinberg, the following was proposed: RESOLUTION 2019-122 Initiating Amendments to the Town of Leesburg Zoning Ordinance to Establish New Planned Development Districts; to Designate the Zoning Classifications for Properties in the Compass Creek Development Area that Come into the Town Boundaries by Boundary Line Agreement, Annexation or Otherwise; to Amend Sections of the Design and Construction Standards Manual to Accommodate Properties in the Compass Creek Development Area; and to Continue the Effect of Prior Development Approvals by Loudoun County The motion was approved by the following vote: Aye: Campbell, Dunn, Fox, Vice Mayor Martinez, Steinberg, Thiel and Mayor Burk Nay: None Vote: 7-0 21. Adjournment On a motion by Vice Mayor Martinez, seconded by Council Member Thiel, the meeting was adjourned at 9:46 p.m. Kelly Buf{Mayor Town of Leesburg ATTEST: Clerk of Council 2019_tcmin0813 29 I Page