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.
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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
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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
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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.
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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
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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.
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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
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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
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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.
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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.
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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.
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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
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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
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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
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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
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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
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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)
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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
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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
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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,
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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