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HomeMy Public PortalAbout2022_tcmin0726 COUNCIL MEETING July 26, 2022 Council Chamber, 25 West Market Street, Leesburg, Virginia, 7:00 p.m. Mayor Kelly Burk presiding. Council Members Present: Ara Bagdasarian, Suzanne Fox, Vice Mayor Martinez, Kari Nacy, Neil Steinberg, and Mayor Kelly Burk. Council Members Absent: Zach Cummings. Staff Present: Town Manager Kaj Dentler, Town Attorney Christopher Spera, Deputy Town Manager Keith Markel, Director of Planning and Zoning James David, Director of Public Works and Capital Projects Renee LaFollette, Director of Utilities Amy Wyks, Management and Budget Officer Cole Fazenbaker, Zoning Administrator Mike Watkins, Senior Planning Project Manager Chris Murphy, Assistant Town Attorney Jessica Arena, Senior Engineer Christine Roe and Clerk of Council Eileen Boeing. AGENDA ITEMS 1. CALL TO ORDER 2. INVOCATION was given by Council Member Nacy. 3. SALUTE TO THE FLAG was led by Council Member Fox. 4. ROLL CALL 5. MINUTES a. Work Session Minutes of July 11, 2022 MOTION 2022-138 On a motion by Council Member Fox, seconded by Council Member Steinberg, the minutes of the Work Session of July 11, 2022, were moved for approval. The motion was approved by the following vote: Aye: Bagdasarian, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk Nay: None Vote: 6-0-1 (Cummings absent) b. Regular Session Minutes of July 12, 2022 Vice Mayor Martinez was absent at the July 12, 2022, Council Meeting and abstained from the vote. MOTION2022-139 On a motion by Council Member Fox, seconded by Council Member Bagdasarian, the minutes of the Regular Session of July 12, 2022, were moved for approval. 1 I Page COUNCIL MEETING July 26, 2022 The motion was approved by the following vote: Aye: Bagdasarian, Fox, Nacy, Steinberg and Mayor Burk Nay: None Vote: 5-0-1-1 (Vice Mayor Martinez abstain, Cummings absent) 6. ADOPTING THE MEETING AGENDA MOTION2022-140 On a motion by Vice Mayor Martinez, seconded by Council Member Steinberg, the meeting agenda was moved for approval. The motion was approved by the following vote: Aye: Bagdasarian, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk Nay: None Vote: 6-0-1(Cummings absent) 7. CERTIFICATES OF RECOGNITION a. None. 8. PRESENTATION OF PROCLAMATIONS a. Rotary Youth Exchange MOTION2022-141 On a motion by Council Member Steinberg, seconded by Council Member Fox, the following was proposed: I move to approve the Proclamation for Rotary Youth Exchange students Ms. Lara Kennedy and Ms. Nicole Feipel to be presented at the July 26, 2022, Council Meeting. The motion was approved by the following vote: Aye: Bagdasarian, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk Nay: None Vote: 6-0-1 (Cummings absent) Mayor Burk read and presented the proclamation for the Rotary Youth Exchange students. Ms. Lara Kennedy from Hanover, Germany and Ms. Nicole Feipel from Leesburg, made a few remarks. 9. PRESENTATIONS a. None. 10. REGIONAL COMMISSION REPORTS Council Member Steinberg reported on the Virginia Municipal League (VML) Infrastructure Committee meeting. 2 I Page COUNCIL MEETING July 26, 2022 11. PETITIONERS The Petitioner's Section was opened at 7:09 p.m. There were no speakers wishing to address Council. The Petitioner's Section was closed at 7:10 p.m. 12. APPROVAL OF THE CONSENT AGENDA MOTION2022-142 On a motion by Vice Mayor Martinez, seconded by Council Member Fox, the following Consent Agenda was proposed:• a. Town Branch Stream Channel Improvements at Mosby Drive RESOL UTION2022-087 Approval of an Engineering Design Services Task Order for the Town Branch Stream Channel Improvements at Mosby Drive in the amount of$399,069 to Wood Environment&Infrastructure Solutions, Inc. b. Virginia Department of Transportation SMART Scale Application—Route 15 Bypass at Edwards Ferry Road and Fort Evans Road Interchange Project RESOLUTION2022-088 Endorsement of a Smart Scale Application to the Virginia Department of Transportation for the Route 15 Bypass at Edwards Ferry Road and Fort Evans Road Interchange Project c. Evergreen Mill Road Widening Project—Design Change Order No. 8 RESOLUTION2022-089 Authorizing the Town Manager to Execute Change Order No. 8 for Design of the Evergreen Mill Road Widening Capital Improvements Project d. East Market Street Improvements Study and Virginia Department of Transportation SMART Scale Applications RESOL UTION2022-090 Endorsement of a SMART Scale Application to the Virginia Department of Transportation for the East Market Street Improvements(Plaza Street NE to Fort Evans Road NE) 3 I Page COUNCIL MEETING July 26, 2022 The Consent Agenda was approved by the following vote: Aye: Bagdasarian, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk Nay: None Vote: 6-0-1(Cummings absent) 13. RESOLUTIONS /ORDINANCES / MOTIONS a. Supplemental Appropriation Request—Fuel Surcharge for the Trash and Recycling Contract with Patriot Disposal MOTION2022-143 On a motion by Vice Mayor Martinez, seconded by Council Member Steinberg, the following was proposed: RESOL UTION2022-091 Authorizing a Supplemental Appropriation in the amount of$500,000 for a Fuel Surcharge for the Trash and Recycling Contract with Patriot Disposal Council and staff discussed the supplemental appropriation. Public Works and Capital Projects Director Renee LaFollette outlined the parameters to be listed in the agreement for the surcharge. The motion was approved by the following vote: 111 Aye: Bagdasarian, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk Nay: None Vote: 6-0-1(Cummings absent) b. Initiation of Amendments to the Zoning Ordinance—Continuing Care Facility Planning and Zoning Director James David outlined the request to initiate a Zoning Ordinance amendment to allow various stages of continuing care to be co- located on the same property. Council and staff discussed the proposed amendments. MOTION2022-144 On a motion by Council Member Steinberg, seconded by Council Member Fox, the following was proposed: RESOL UTION2022-092 Initiating Amendments to the Zoning Ordinance to Define, Create Use Standards, and Specify Zoning Districts for a Continuing Care Facility 111 4 I Page COUNCIL MEETING July 26, 2022 The motion was approved by the following vote: Aye: Bagdasarian, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk Nay: None Vote: 6-0-1(Cummings absent) 14. PUBLIC HEARINGS a. TLOA-2022-0004 Fiscal Impact Analysis Submission Text Amendment The Public Hearing was opened at 7:26 p.m. Mr. Christopher Murphy presented Council with the proposed text amendment to define the required fiscal impact analysis to be prepared by the Town from data submitted by the applicant. Council and staff discussed the proposed amendment. Public Speakers: There were no speakers wishing to address this public hearing. The public hearing was closed at 7:34 p.m. MOTION2022-145 On a motion by Council Member Nacy, seconded by Council Member Fox, the following was proposed: I move that Zoning Ordinance Amendment TLOA 2022-0004, revising Leesburg Zoning Ordinance Sec. 3.3.6.J Fiscal Impact Analysis, be approved on the basis that the amendment furthers objectives of the Town Plan, and that the proposal would serve the public necessity, convenience,general welfare and good zoning practice. ORDINANCE 2022-0-021 Amending Zoning Ordinance Section 3.3.6.JFiscal Impact Analysis Codifying Reference to the Procedure for Stajf Generated Analyses as Part of Applications for Rezonings The motion was approved by the following vote: Aye: Bagdasarian, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk Nay: None Vote: 6-0-1 (Cummings absent) b. TLOA-2021-0006 Temporary Outdoor Dining Amendments The Public Hearing was opened at 7:35 p.m. 5 I Page COUNCIL MEETING July 26, 2022 Planning and Zoning James David presented Council with the proposed amendments to the Temporary Outdoor Dining requirements. Amendments include: • removal of the six feet of physical distancing between tables limitation • a limitation that outdoor dining area shall be adjacent to the principal building that it serves and shall not be separated by a vehicular travel aisle • a requirement for a fence-like barrier to demarcate the outdoor dining area • an alert to users that other permits may be required from Loudoun County • a revocation clause should a user fail to follow the use standards • a validity period • a maintenance provision for tents • notation that this is a temporary use that could be altered in the future Council and staff discussed the item. Public Speakers: There were no speakers wishing to address this public hearing. The public hearing was closed at 7:54 p.m. MOTION2022-146 On a motion by Council Member Steinberg, seconded by Vice Mayor Martinez, the following was prop osed.• I move to approve proposed Zoning Ordinance Amendment TLOA-2021-0006, dated July 26, 2022, and included as Attachment 1, which establishes temporary outdoor dining as a use subject to standards, based on finding that the amendments further economic development objectives of the Town Plan and that the proposal would serve the public necessity, convenience, general welfare and good zoning practice. ORDINANCE 2022-0-022 Amending Leesburg Zoning Ordinance Section 9.5 Temporary Uses for the Purpose of Establishing Temporary Outdoor Dining Subject to Use Standards The motion was approved by the following vote: Aye: Bagdasarian, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk Nay: None Vote: 6-0-1 (Cummings absent) 6IPage COUNCIL MEETING July 26, 2022 15. UNFINISHED BUSINESS a. TLOA-2021-0011 Limited Sign Amendments Motion Confirmation Town Attorney Christopher Spera provided the background for the need for clarification. During Council discussion at the July 12, 2022, the majority of Council did not support including signs on the slopes of awnings; however, the final motion was not clear and the draft ordinance in the agenda packet included signs on the slopes of awnings. Mr. Spera requested a motion confirming Council's intent to exclude signs on awning slopes from the adopted ordinance. Vice Mayor Martinez was absent at the July 12, 2022, meeting and abstained from the vote. MOTION2022-147 On a motion by Council Member Fox, seconded by Council Member Bagdasarian, the following was proposed: I move to confirm the approval of the ordinance in Attachment 1 which accurately reflects the intent of Council at the July 12, 2022,public hearing. The motion was approved by the following vote: Aye: Bagdasarian, Fox, Nacy, Steinberg and Mayor Burk Nay: None Vote: 5-0-1-1(Vice Mayor Martinez abstain, Cummings absent) 16. NEW BUSINESS a. None. 17. COUNCIL DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE MEETINGS Council Member Fox disclosed she had a meeting Mr. Kevin Ash regarding his idea for a boutique hotel in downtown Leesburg. Council Member Steinberg disclosed he had a meeting with Mr. Kevin Ash regarding his idea for a boutique hotel in downtown Leesburg. Council Member Steinberg requested a future Work Session discussion on temporary structures for outdoor dining in the historic district. It was the consensus of Council to add this item to a future Work Session. Vice Mayor Martinez disclosed he had a meeting with Mr. Kevin Ash regarding his idea for a boutique hotel in downtown Leesburg. 7 I Page COUNCIL MEETING July 26, 2022 18. MAYOR DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE MEETINGS Mayor Burk disclosed she met with Mr. Kevin Ash regarding his idea for a boutique hotel in downtown Leesburg and with Ms. Molly Novotny and the Lidl Group to talk about the Tuscarora Crossing commercial project. Mayor Burk thanked the Leesburg Rescue Squad for taking her on a ride along and congratulated them on all they do for Leesburg. Mayor Burk met with Ms. Marika Rice who is looking to do a Ukrainian fundraiser in Town. Mayor Burk participated in the ribbon cutting and welcomed Sienna Sky Boutique to the Village at Leesburg. Mayor Burk congratulated Miss Grace Gallagher, age five and Miss Chloe Gallagher, age six, for joining her as Mayors for the Day. Mayor Burk shared that she was headed to Richmond on July 27 for a VML Executive Committee Meeting. 19. TOWN MANAGER COMMENTS Mr. Dentler noted to Council that Crosstrail Boulevard is expected to open to traffic in August and at that time Kincaid Boulevard would be open for through traffic per previous agreement with the County. 20. CLOSED SESSION a. Pending Litigation/Annexation and/or a Boundary Line Agreement with respect to the JLMA MOTION2022-148 On a motion by Mayor Burk, seconded by Council Member Steinberg, the following was proposed.• I move pursuant to§2.2-3711(A)(7)and§2.2-3711(A)(8)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 related to multiple pending cases including the following: Town of Leesburg et al v. Loudoun County et al, Loudoun County Circuit Court No. 19-1768 and Graydon Manor, LLC. v. The Town of Leesburg, VA, Loudoun County Circuit Court Case No. CL21-4323 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 with respect to the JLMA. The motion was approved by the following vote: Aye: Bagdasari an, Fox, Nacy, Steinberg and Mayor Burk Nay: None Vote: 5-0-2(Vice Mayor Martinez and Cummings absent) Council convened in a closed session at 8:06 p.m. Council convened in an open session at 9:30 p.m. 8 I Page COUNCIL MEETING July 26, 2022 MOTION2022-149 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 dosed meeting was convened were heard, discussed or considered in the meeting by Council. (ROLL CALL VOTE) Nacy—aye, Bagdasarian—aye, Vice Mayor Martinez—aye, Fox—aye, Steinberg—aye, Mayor Burk—aye. Vote 6-0-1 (Cummings absent) 21. ADJOURNMENT On a motion by Council Member Bagdasarian, seconded by Council Member Fox, the meeting was adjourned at 9:31 p.M. tom if Kelly :urk, l ayor Town of Leesburg ATTEST: Xalae--2 Clerk of Council 2022_tcmin0726 9 I Page July 26, 2022—Town Council Meeting (Note: This is a transcript prepared by a Town contractor based on the video of the meeting. It may not be entirely accurate. For greater accuracy,we encourage you to review the video of the meeting that is on the Town's Web site—www.Ieesburgva.gov or refer to the approved Council meeting minutes. Council meeting videos are retained for three calendar years after a meeting per Library of Virginia Records Retention guidelines.) Mayor Kelly Burk: I'd like to call to order tonight's July 26th, 2022 Town Council meeting. If anyone in the room needs hearing assistance, please see the Clerk. Council Member Nacy will be doing the invocation followed by the salute to the flag by Council Member Fox. Ms. Nacy. Council Member Kari Nacy: Thank you. God, thank you for gathering us all here tonight, and for our visitors from lands far away. Please help us to make fruitful and good decisions for our Town and our neighbors. Thank you for having us here tonight, amen. [Pledge of Allegiance] Mayor Burk:All right, let the record reflect that all members of Council are present with the exception of Council Member Cummings.We have two sets of minutes.The work session minutes from July 11th, 2022, do I have a motion? Moved by Council Member Fox, seconded by Council Member Steinberg. All in favor? Members:Aye. Mayor Burk: Opposed?That is 6-0-1. We have regular session minutes of July 12th,2022.Vice Mayor Martinez you were absent for that one. Vice Mayor Fernando"Marty" Martinez: I will abstain. Mayor Burk: Okay, Council Member Fox, second? Council Member Ara Bagdasarian: Second. Mayor Burk: Council Member Bagdasarian.All in favor? Members:Aye. Mayor Burk: Opposed and abstained? Mr. Martinez. Vice Mayor Martinez: No. Mayor Burk: Okay, it's going to be one of those nights. [laughs] That's 5-0-0-1. Is that correct Mr. Spera? [silence] Mayor Burk:One is absent.Okay,all right.Thank you.All right,do I have a motion to adopt the meeting agenda? Vice Mayor Martinez, seconded by Council Member Steinberg. All in favor? Members:Aye. Mayor Burk: Opposed? That is 6-0-1. We have no certificates of recognition. Do we have any proclamations? No, that's not yet. I need a motion to accept the Rotary Youth Exchange. Moved by Council Member Steinberg, seconded by Council Member Fox.All in favor? Members:Aye. • Mayor Burk: Opposed?That's 6-0-1. I'm supposed to read it, but I don't have it. Page.1 I July 26, 2022 [silence] Thank you. Okay, it says Proclamation, Rotary Youth Exchange. Whereas the Rotary Club has sent young students around the world since 1927 to experience new cultures,and whereas the Rotary Youth Exchange Program sponsors students age 15 through 19. Whereas the Rotary Youth Exchange students develop leadership skills, learn about other cultures, and build long-lasting friendships with students worldwide,and whereas the Rotary Youth Exchange Program encourages students to become peace and social catalysts leaders in their communities. Whereas the Rotary Youth Exchange program sends over 9,000 students every year to over 100 nations. Whereas Phillip and Barbara Rusciolelli will host exchange student Lara Kennedy from Hannover, Germany in their Leesburg•home this summer, in return the Rusciolelli's granddaughter and Leesburg resident Nicole-- Say it for me. Members: Feipel. Mayor Burk: Feipel, I was going to say Feipel, so Feipel will travel to Hannover, Germany to stay with Lara's family. Therefore, proclaimed that the Mayor and the Council of the Town of Leesburg congratulate Lara and Nicole for representing their Rotary Clubs, their communities and their country and wish them fruitful and life-changing experiences. Proclaimed this day. We have voted on this. I'm going to come down and present it to you, Lara and Nicole. I was going to give you an opportunity to speak. [laughs] The camera is this way so would you mind coming over here on either side of me here and we're going to--We only have one.When you get back we will get to make sure that you get a copy. I'm going to give this to you, Lara. We would love to hear a little bit about your experience here and what your expectations were and what's ended up happening here in America- Lara Kennedy: Again, I'm Lara from Hannover. I don't really have expectations. I just wanted to see Washington DC and have a great time and make a great friendship with Nicole. I had a great time. We did so many things. I was into the Monticello to Washington, DC. I saw the beach in New Jersey, and have a great friendship with Nicole. Mayor Burk: Would you like to say a little bit because you're heading out?You're going to go over to Germany, aren't you? Nicole Feipel: Yes, thank you, Mayor. I am headed to Germany August 3rd with Lara back to her hometown in Hannover, Germany. I'm very excited for this opportunity since I have waited about three years since I've been studying German for about five years. I have had a lot of experience with it and I'm very excited to travel with her. Mayor Burk: Great, wonderful. I shared with the girls that I had been an exchange student. That was an experience I carried with me all of my life. You guys are going to have a great time, you're going to talk about it forever. Thank you very much for coming. We really appreciate it and I look forward to hearing from both of you. Thank you. Is there anyone who has a regional commission report? Council Member Neil Steinberg: Yes, Madam Mayor, I have one. This is a regional report from the VML Environmental that's now the Environmental and Transportation Committee. They combined two functions into one committee. It was a two-and-a-half-hour meeting. I will try to be brief here. I guess as important as anything the legislative agenda was finalized for the upcoming January session in Richmond in that we're hoping to increase,for example, the storm water management fund,which right now sits at only $25 million and they're trying to see if we can get it increased to $50 million. You can imagine, statewide, even $50 million for storm water management isn't a lot of money. Looking at the potential for small-scale solar utilities and this feeds into the question of the discussion regarding utility infrastructure resilience. I might add, the committee was interested I was surprised that maybe they were unaware when I mentioned how resistant Dominion is when it regards undergrounding their lines and that certainly absolutely plays into the discussion of infrastructure resiliency. We discussed the regional greenhouse gas initiative and actions involving flooding issues and continuing Page 2 I July 26, 2022 to study our water supplies for PFAS and PFOA. In the transportation arena, there's a new Virginia Passenger Rail Authority. There's a transit ridership incentive program to entice riders back into public transportation with the waning of the pandemic. There is a strong interest in municipalities across the state for continued discussion about speed and red light cameras.This came up in last night's meeting.Apparently,there's still resistance at the State level.As I mentioned last night, it's remarkable how many municipalities are in favor of this very thing but the State for some reason is not inclined as of now to grant that authority to localities. We're looking to ask the State to restore lost transportation funding with the elimination of the grocery sales tax that does put a fairly sizable hole in transportation funding.Actually,this is something I learned a few days ago.Apparently, legislation is passed as we start getting into our EV charging stations and so on for EVs that we will be allowed to cite a$50 fine for the parking of non-EV vehicles in EV charging parking spaces.Also, in conjunction with our noise ordinances, apparently vehicles can be cited for too loud exhaust systems and that summarizes our meeting. Thank you. Mayor Burk: Anyone else have any additional information? That will take us to our petitioner section. One of the first orders of business is to hear from the public.All members of the public are welcome to address the Council on any item, matter or issue. Please identify yourself and if comfortable doing so give your address for the taped record. Any public speaker will be requested to state their name and spell it for the purpose of closed captioning. In the interest of fairness, we ask that you observe the three-minute time limit. The green light on the timer will turn yellow when you have one minute remaining. At that time, we would appreciate your summary now and yielding the floor when the bell indicates your time has expired. Under the rules of orders adopted by this Council,the time limit applies to all. There is nobody who has signed up to speak during the petitioner section. Is there anybody that came in that didn't get a chance to sign up that would like the opportunity to speak at this point?There is nobody so I will close the petitioner section.That takes us to the approval of the consent agenda. Do any Council Members have any items they want removed from the consent agenda? No one. All right, do I have a motion? Vice Mayor Martinez: So moved. Mayor Burk: So moved by Vice Mayor Martinez, seconded by Council Member Fox.All in favor? Members:Aye. Mayor Burk: Opposed?That passes 5-0-1 and I should have read them first if this is the-- Christopher Spera:6-0-1. Mayor Burk: 6-0-1, and I will read them out now in case there's any--We had the 12A,which was the Town Branch Stream Channel Improvement at Mosby Drive. B was the Virginia Department of Transportation Smart Scale Application Route 15 Bypass at Edwards Ferry Road and Fort Evans Road Interchange Project. Evergreen Mill Road Widening Project Design Change Order Number Eight and East Market Street Improvement Study and Virginia Department of Transportation Smart Scale Application.Those all passed.That takes us to our resolution. Do I have a motion for the first one,which is the Supplemental Appropriation Request for Fuel Surcharge for Trash and Recycling Contract with Patriot Disposal? Vice Mayor Martinez: So moved. Mayor Burk: Moved by Council Member Martinez. Second by Council Member Steinberg. Is there a presentation on this one? Kaj Dentler: Only if there are Council questions. Mayor Burk:Are there any questions on this? Vice Mayor Martinez:Yes. Page 3 I July 26, 2022 Council Member Bagdasarian: I have a question. Obviously,this was unforeseen but what if we don't approve this?What is the outcome? Kaj Dentler: Go ahead. Renee LaFollette: I've talked to neighboring jurisdictions. There's one in particular that their Council and their Procurement Officer decided not to entertain the fuel surcharge.Their contractor did not renew their contract and they are now in a month-to-month situation with another vendor. Their contract cost is double what they were paying their current vendor for those services. Not only that, it would give Leesburg a black eye in the contracting community. When we would try to re-advertise this contract that surcharge will be in whatever price we get but we won't know exactly what it is because even if we asked them to line it out individually,they're going to tuck that surcharge in and charge us a premium because they don't see us as a favorable jurisdiction to do work for. Council Member Bagdasarian:Thank you. Mayor Burk: Mr. Martinez. Vice Mayor Martinez: The assumption is that this is not part of the contract that we signed, that they could charge us a surcharge. It's not written out as a line item in the contract. Renee LaFollette: It is not written out as a line item in the contract. We have a clause in the contract that is called force majeure,which is a major change that none of us have control over. This is what the Town Attorney's Office, myself and Procurement believe this falls under. No one has any control over it.That's why we're bringing it forward. Vice Mayor Martinez: I understand the need for this. If gas drops to$1 a gallon, do we get a rebate? Renee LaFollette:The way this is set up Patriot has chosen$2.40 a gallon as their base fuel price that this surcharge would start at.The national average is$1.44 that the transportation and hauling industry uses as the base price. Patriot has agreed at$2.40 as their base. For every 300 above that it's 1.25%. If fuel prices start coming down,we see that and the surcharge ends when fuel prices get back to$2.40 a gallon. Vice Mayor Martinez: Is that going to be written into the contract? Renee LaFollette: That will be written into the amendment and that is in the letter of request for the surcharge from Patriot. Vice Mayor Martinez:What is the percentage this amount to the total value of the contract? Renee LaFollette: High side,when they asked for the fuel surcharge it was 12.75% per month. When I calculated that out if it stayed at 12:75%for every month of the contract it would be$425,000. Hence why I requested the$500,000 because I don't know if it will go above that 12.75% and stay there for a couple of months, or if it will start coming down and right now based on the fuel prices yesterday,we're at approximately a 10.1% surcharge. Vice Mayor Martinez:What's the total contract value? Renee LaFollette:The renewed contract value to start of year is 3.6 plus an economic relief for COVID for material cost increases,truck increases, brake parts, mechanical pieces that they have documented through invoicing and letters from their vendors. Vice Mayor Martinez: I understand with the increased fuel prices that have really just gone beyond anybody's expectation, the need to help them with that but I think maybe in the future this could be something we don't have to do an amendment,we can plan for. Renee LaFollette:Yes. Page 4 I July 26, 2022 Vice Mayor Martinez:As part of the contract. Renee LaFollette:We're definitely in unprecedented times right now.Yes, I agree. Vice Mayor Martinez: Okay,thank you. Mayor Burk: Ms. Fox. Council Member Suzanne Fox: Thank you. Just one quick question. The $500,000 is that going to them in a lump sum or is it dispersed as needed? Renee LaFollette: It's as needed. Each month they would let us know what that percentage is and what their per gallon price of fuel is.We would verify that based on the national listing, and they would provide us with an invoice from their hauler that shows their per gallon price delivered to their site.They have a wholesale distributor that fuels their trucks on their site every night. That percentage would be calculated each month and added monthly to their invoice. Council Member Fox: This should cover the entire fiscal year? Renee LaFollette: That's my hope. [laugh] Council Member Fox: Okay,thanks. Mayor Burk: Any other questions? We have a motion by Vice Mayor Martinez seconded by Council Member Steinberg.All in favor of the supplemental appropriation request, indicate by saying aye. Members:Aye. Mayor Burk: Opposed? That passes 6-0-1. The next one is the Initiation of the Amendment of the Zoning Ordinance Continuing Care Facility.This is, "Hello." James David:Good evening, Mayor Burk,and Council Members.James David, Planning Director filling in for Brian Boucher tonight. He's under the weather and couldn't make it. Mayor Burk: Could you spell your name for the record? James David: Sure. Pretty simple,'James J-A-M-E-S, David D-A-V-I-D. You can call me David, that's okay for the first couple of months but after that, I might start to resent it,just kidding. First item tonight is a Initiation of Zoning Ordinance Amendments for Continuing Care Facilities to establish it as a continuing care facility use in the Zoning Ordinance. In many other jurisdictions,continuing care facilities are defined as residential or institutional facilities that provide a combination of care ranging from independent or congregant living to assisted living to nursing homes. The Town Zoning Ordinance contemplates each of these types of living arrangements as separate uses but does not have a land use that encompasses all three in a single facility. This is further complicated by the fact that each of these three types of care or living areas are not always allowed in the same zoning district. Council recognized these challenges at your June 27, 2022 regular meeting and asked staff to bring back a potential resolution to initiate an amendment to establish and regulate continuing care facilities. The work plan would include drafting the definition based on industry standards, introducing new specific standards as needed, and recommending zoning districts where it makes sense to permit a continuing care facility by right or by special exception. Staff is supportive of initiating this amendment as it would help modernize the Zoning Ordinance to align with the current marketplace of care and service models, as well as align with the Town Plan objectives to promote health, safety, welfare, and convenience for Town residents, especially those that may need a little extra care and support. The draft motions are available in your packets also on the screen and staff is available for any questions, or if Council Members have any specific concerns or ideas around the continuing care facility use as we develop it, please let us know. Page 5 I July 26, 2022 Mayor Burk: I have to tell the public I have experience with this. I have a relative that's in a facility that is an independent living that is across a little pathway to a memory care. Then right next to that is a nursing home facility. I've seen it and it does work. I understand why we would want to change this at this point. The market most certainly is driving it but it's also the fact that we've got other locations that are doing it and it is successful. I'm glad to see this come forward. Anybody else have any questions on this? Ms. Nacy. Council Member Nacy: Thank you. I just wanted to echo what the Mayor was saying. I've dealt with this personally and it was tough in Leesburg when my father-in-law who was in an assisted living facility that had memory care attached to it needed a greater level of care. We had to actually move him to an entirely different nursing home and it's a lot of stress. I fully support this and as well as you said one of my favorite things,which is modernizing our Zoning Ordinances so that we're operating in 2022.Thank you. Mayor Burk: Mr. Bagdasarian. Council Member Bagdasarian: Yes, thanks, David. Just for clarification, this motion is to create the standards and determine form, uses, locations, all that. That's what this is going to initiate. James David: Correct, sir. This is initiating that process. Council Member Bagdasarian: If this is approved,what is the next step? James David: Staff will work with the Planning Commission to develop the appropriate terminology, survey other jurisdictions because quite a few jurisdictions will have this land use already in their zoning code, evaluate whether or not use specific standards or performance standards would be necessary for the use. Also, take a look at all the zoning districts that we have now and see where they would fit in as a by right for special exception use. Council Member Bagdasarian: Okay, thank you. Mayor Burk: That would come back to us- James David:Absolutely. Mayor Burk: -after it goes to the Planning Commission then it comes here and we would vote yes or no at that point. James David:Yes, ma'am. Mayor Burk: Mr. Martinez. Vice Mayor Martinez: How long do you think it's going to take to get those amendments to us? James David: That's a great question. Right now the department is working on nine separate Zoning Ordinance text amendments, so definitely add capacity. I think that something like this will definitely be out in front of that comprehensive zoning warrants rewrite that's coming along to the Council [unintelligible]. Vice Mayor Martinez: Now, because I think it's important that we maybe prioritize it a little bit. Thank you, James. James David: Sure. Mayor Burk:You got one trained [unintelligible] [laughter] Mayor Burk: Ms. Fox. Page 6 I July 26, 2022 Council Member Fox: Just one quick question. I agree with everybody else. I think this is an idea whose time has come to Leesburg. However, the facilities we have now, will they be able maybe to retrofit their facilities or no?What do you see?You're trying to figure out where it could be by right and where it would fit within the Zoning Ordinance. Is this possibility for them? James David: Certainly, I think that the Town Council could entertain if the use wanted to retrofit reestablish if they wanted to expand if it ended up being a zoning district where the Council felt like this use was permanent or made sense,then they certainly could avail themselves of that use model going forward. Council Member Fox: Do you have an idea in your head, I know you don't have anything right now, but about how much land it would take to have a facility like this? - James David: I couldn't answer that question off the top of my head. Certainly, we can get that information and evaluate it as we're developing the standards, but that's certainly something that we want to hear from some of the businesses and the community members about as well. Council Member Fox: Thanks. Mayor Burk: Mr. Steinberg. Council Member Steinberg: No questions, Madam Mayor. I'd just like to make a motion for approval of the resolution. Council Member Fox: Second. Council Member Steinberg: Does it have to be read? Mayor Burk: Excuse me, you want to make a motion to approve the proposed, you got to read the whole thing. Council Member Steinberg: I move to approve the proposed resolution to initiate amendments to the Zoning Ordinance to define create use standards and specify zoning districts for a continuing care facility. Council Member Fox: Second. Mayor Burk:Yes, sir. No, we're not in public. No, not yet. Vice Mayor Martinez: [inaudible 00:27:28] again. Mayor Burk: You'll catch me the next one. Don't worry. I'm sorry. It was moved by Council Member Steinberg. Who seconded it? Christopher Spera: Council Member Fox. Mayor Burk: Council Member Fox.Any more discussion?All in favor indicate by saying aye. Members:Aye. Mayor Burk: Opposed? That's 6-0-1. You're done. [unintelligible] one anyway. Now we're doing a public hearing. I will call to order this July 26th public hearing of the Leesburg Town Council. Unless there is an objection I will dispense with the reading of the advertisement. If you wish to speak we ask that you either sign up on the sheet in the hallway outside the Council Chamber but if you did not get the opportunity to sign up,we will give you the opportunity to speak. In the interest of fairness,we ask that you observe the five-minute time limit.The green light in front of you will turn yellow at the end of four minutes indicating you have one minute remaining. At that time, we would appreciate your summing up and yielding the floor when the bell indicates your time has Page 7 I July 26, 2022 expired. Under the rules and orders adopted by this Council, the five-minute time limit applies to all citizens. However, rather than have numerous citizens present remarks on behalf of a group the Council will allow spokespersons to the group a few extra minutes. In that instance, we would ask the speakers when they sign up to indicate their status as spokesperson,the group they represent, and their request for additional time. Our procedure for the public hearing is as follows. First, there will be a brief presentation by staff about the item before us. Second, the members of the public who will have signed up to speak will be called and given five minutes to make their comments. The public hearing item on the agenda tonight is TLOA-2022-0004 Fiscal Impact Analysis Submission Text Amendment. Mr. Murphy. Christopher Murphy: Good evening, Madam Mayor, Members of Council. I'm here tonight to present the staff report for TLOA-2022-0004,which is a Zoning Ordinance text amendment revising the Zoning Ordinance Section 3.3.6.J adding language to the Fiscal Impact Analysis Submission Requirement for rezonings that referenced the newly adopted procedure for preparing those studies.This revision comes to Council with Planning Commission's as well as staffs recommendation of approval, as presented in the draft ordinance included in this evening's meeting packet. Zoning Ordinance Section 3.3.6.J establishes the requirement to submit a fiscal impact analysis as part of an application for rezoning.Without any specific guidance on how to prepare a fiscal impact analysis, applicants analyses utilize the higher end of generalized financial estimates to generate very fiscally positive outcomes, regardless of the type of development being proposed. Town Council questioned the veracity of such results and asked staff to develop a more accurate and realistic fiscal analysis tool. [clears throat] Excuse me. In response staff developed a fiscal model that utilizes more accurate local per capita operating costs and revenues estimates derived from annual budget analyses. Now,applicants for rezoning will provide specific data to staff who will run the model to generate a fiscal impact analysis in-house. The Zoning Ordinance text amendment before you was initiated by Council back in April 12th of this year.The amendment presented to Council this evening simply revises the text in Zoning Ordinance Section 3.3.6.J so that it would read as"J. Fiscal Impact Analysis.A fiscal impact analysis prepared by the Town from data submitted by the applicant relating to the proposed concept development that demonstrates the long-term fiscal benefits and costs to the Town of the proposal." Procedurally at the rezoning pre-application meeting,staff will instruct the applicant on what information from the fiscal model checklist pertaining to the proposed development needs to be submitted for our in-house analysis to be completed. When measuring this amendment to the Zoning Ordinance amendment approval criteria in Zoning Ordinance Section 3.2.5, the revision and procedure behind it will provide Council with a more accurate assessment tool for land use decisions. Such assessments will assist Council in ensuring compliance with the Town plan and the Zoning Ordinances intention to protect and maintain the health, safety, and welfare of the community. Once more this amendment comes to Council with Planning Commission's and staffs recommendation of approval. To aid Council moving forward, I provided suggested motions here for you to use if you choose. This concludes my presentation. Thank you for your attention and I'm here to answer any questions. Mayor Burk: Thank you. Does anyone have any questions? Ms. Nacy. Council Member Nacy: I do. I just have a quick question. It's something the Town created.We're taking the developer's data and putting it into our model and then spitting it out. Am I understanding that correctly? Christopher Murphy: Correct. Council Member Nacy: What would we do if there were a case where the developer or the applicant just thought completely different from what we came up with? How would we handle that? Christopher Murphy:They're more than welcome to go out and have a fiscal impact analysis done on their own. Then you as Council will be able to see the Town's generated version versus the applicant's consultant-generated version, and then we can argue it out during a public hearing process. Page 8 I July 26, 2022 Council Member Nacy:Thank you. Christopher Murphy: Sure. Mayor Burk: Mr. Steinberg? Council Member Steinberg: Thanks. This seems like a fairly simple fix. Getting back to the same question that Vice Mayor Martinez asked on our last-- How long do we expect this to take for this process to actually be in place? Christopher Murphy: We've already started. Council Member Steinberg: Great. In my opinion, I think this is a great idea. I think this provides consistency for the Town and gives us a model that is obviously based to reflect on the reality of what our expectations are and what we have here. As you say, of course,the applicant will be free to argue. Won't surprise me in the least if that absolutely does happen, but I think this puts us in a much better position for evaluating these plans. Thanks. Christopher Murphy:You're welcome. Mayor Burk: Ms. Fox? Council Member Fox: Just one quick comment. All the applications that come before us in the past, were the fiscal analysis, were they given voluntarily and not necessarily requested by us? Christopher Murphy: No,they're required. Council Member Fox: They're required. Mayor Burk:Yes. Council Member Fox: Okay, now, they're not required on part of the app? Christopher Murphy: They're still required, except instead of we saying to them, "With your rezoning application, please submit a fiscal impact analysis." They go out to a consultant who prepares our analysis and it submits it for us. In the pre-application meeting, which is mandatory, we're going to tell them,"All right, based on this type of application,we need to know--"There's a checklist that's provided as an attachment to your report. We're going to go through and we're going to determine which data points,what information we need from them in order to conduct our analysis and try to give you a better feel for what's this application going to generate for the Town? It's just a different way of doing the same thing. Again, as stated earlier, if the applicant is not satisfied with the results that we've.done from our in- house analysis,they're more than welcome to go back out to those consultants who prepare these fiscal analyses to provide a counter to what staff has generated. Council Member Fox: Basically,they bring it to you,you run it through the system and if they don't like it,they counter. Christopher Murphy: Correct. Council Member Fox: Thank you. Christopher Murphy: You're welcome. Mayor Burk: Anyone else? Oh, yes, Mr. Martinez, did you have something? I'm really excited about this. I think this is great. The consistency associated with it will be tremendous. We'll be using data that you're asking for as opposed to data that they choose to give. This will be a much more useful tool, so I'm very excited by what you mean. Page 9 I July 26, 2022 Christopher Murphy: Because it's based on actual numbers that we've realized here in the Town too. Mayor Burk: Wonderful. All right. Is there anybody from the public that would like to speak? Nobody has signed up, but is there anybody from the public that would like to speak?All right, since no one has come forward, I will close this public hearing. Is there any comments anyone wishes to make at this point? Ms. Nacy? Council Member Nacy: No, I was just going to make a motion. Mayor Burk: Go ahead. Council Member Nacy: I move that Zoning Ordinance Amendment TLOA-2022-0004 revising Leesburg Zoning Ordinance Section 3.3.6.J Fiscal Impact Analysis be approved on the basis that the amendment further objectives of the Town plan and that the proposal would serve the public necessity, convenience, general welfare, and good zoning practice. Mayor Burk:A second?Who seconding? Ms. Fox, okay. You're the seconder tonight?All in favor? Members:Aye. Mayor Burk: Opposed.This passes 6-0-1.Thank you very much. Christopher Murphy:Thank you all very much.Appreciate it. Mayor Burk: Our next public hearing is-- I will call to order this July 26th, 2022 public hearing of the Leesburg Town Council. Unless there's an injection, I will dispense with the reading of the advertisement. If you wish to speak, we ask that you either sign up on the sheet in the hallway outside the Council Chambers. If you did not get the opportunity to sign up, we'll give you the opportunity to speak. In the interest of fairness, we ask that you observe the five-minute time limit. The green light in front of you will turn yellow at the end of four minutes, indicating that you have one minute remaining. At that time, we would appreciate your summing up and yielding the floor when the bell indicates your time is expired. Under the rules of orders adopted by this Council, the five-minute time limit applies to all citizens. However, rather than have numerous citizens present remarks on behalf of a group, the Council will allow spokesperson for the group a few extra minutes. In that instance, we would ask speakers when they sign up to indicate their status as spokesperson, the group they represent, and their request for additional time. Our procedure for the public hearing is as followed. First, there is a brief presentation by staff about the item before us. Second, members of the public that have signed up to speak will be called and given five minutes to make their comments. The public hearing item on the agenda tonight is for TLOA-2021-0006, temporary outdoor dining amendments.You're back. [laughs] James David: Good evening again, Mayor Burk and Council Members. I'm going to speak a little bit louder this time, because our friends that were recording couldn't quite hear me last time. This item before you this evening is draft zoning text amendments to establish temporary outdoor dining as a specific temporary use. The word "specific" is important here because it means the draft Zoning Ordinance text includes standards for temporary outdoor dining specifically that are more specific than the general standards just for temporary uses. We'll review those draft standards in more detail a little bit later in the presentation. The Planning Commission reviewed the draft text and recommended approval with some small tweaks to the applicability section and some of the application requirements. The Planning Commission also stressed the importance of these draft amendments to help Leesburg's eating establishments.Our staff is also recommending approval consistent with the PC recommendation. By way of background,the draft Zoning Ordinance text amendments before you tonight are very similar to the outdoor dining provisions that Council passed by resolution during the pandemic. Pre-pandemic outdoor dining was limited, use of parking areas for dining was not allowed, and dining tents in most areas were prohibited. Council passed a resolution in May 2020 under the continuity of government Page 10 July 26, 2022 ordinance that expanded the ability to have temporary outdoor dining areas and thereby promoting social distancing and helping provide some relief to eating establishments. The temporary outdoor dining standards during the pandemic are on the screen here. They allowed outdoor seating and parking areas and on other hard surfaces.They allowed one tent with a maximum size of 900 square feet. They also specified a minimum 6-foot separation between tables. We counted almost 10 eating establishments that utilized the temporary outdoor dining emergency provisions during the pandemic time period.As the pandemic and related emergency provisions ended in summer 2021, the Council recognized the benefit of more flexible outdoor dining regulations and initiated a Zoning Ordinance text amendment to establish outdoor dining as a temporary use. At the Planning Commission in early 2022,the Planning Commission and staff worked together to administer a survey to local eating establishments. We received 18 responses that we're all supportive in favor of temporary outdoor dining as a use. • In summer 2022, the Planning Commission recommended staff use the language from those emergency provisions that the Council passed as a stop gap measure in the Zoning Ordinance until such time that the comprehensive Zoning Ordinance rewrite is underway to look little bit deeper into outdoor dining as a use. That is what staff used to model the draft language. However, staff is proposing a few variations from that initial emergency language that is summarized here. They're mainly practical changes. One is removing the 6 foot of physical distancing between tables limitation since thankfully we're out of that pandemic and that social distance requirement right now.Adding a limitation,that outdoor dining area shall be adjacent to the principal building that it serves and shall not be separated by vehicular travel aisle. This is more of a safety provision. Adding a requirement for a fence-like barrier to demarcate the outdoor dining area. Another safety provision. A provision to alert users that other permits may be required from Loudoun County. A revocation clause should a user fail to follow the use standards, a period of validity, a maintenance provision for the tents, and that this is a temporary use that could be altered in the future perhaps as part of that comprehensive Zoning Ordinance rewrite. The next few slides actually have the proposed text amendments on the screen. I won't go through each word by word, but just wanted to highlight a few things. In the applicability section, the Planning Commission did feel it was important to add that, that last sentence, the use specific standards of this section apply in addition to other standards just to signal to the user that there might be other standards that will apply. We go through application requirements. There's a fee associated with it, the validity period. Recall, I said specific temporary use regulations. This is where that comes into play. These can be established for up to a year and then have to be renewed every year. Typical temporary use is usually about 10 days at a time. Also, there's some requirements for your application. You have to submit a use exhibit that shows that your seating capacity is compliant. Shows location requirements are compliant on hard surfaces where the access is,where the area of the temporary outdoor dining is. The seating diagram. This is another area the Planning Commission tweaked a bit. Previously it said you had to show exactly where the tables were shown on the diagram. The commission felt like that was a little too restrictive and just said, "Hey, in general, show us where your seating is." Establishes parking requirements, the ratio of one space for every four seats. Some other provisions about emergency access.A little bit more specifics on the barrier that I mentioned.36 inches in height is pretty standard. Then also the tent provisions, same as what we had during the emergency provisions of not any more than 900 square feet,the maintenance provision there.The other permits clause,ADA compliance have to be consistent with beverage control, noise ordinances, and then the revocation at the end there. In considering whether or not to act on proposed text amendments,the Planning Commission and Council should consider whether the proposal is consistent with the Town plan. As we noted in the staff report, staff feels this proposed Zoning Ordinance revision for temporary outdoor dining will provide many restaurants, businesses with enhanced outdoor dining opportunities Page 11 I July 26, 2022 in line with the Town plan goals and objectives for promoting business opportunities and economic development. With that,the proposed motion for approvals on the screen, and staff is available for any questions. Mayor Burk:All right. Thank you.Are there any questions at this point, Ms. Nacy? Council Member Nacy:Thank you.Just a couple.The fee, did I miss that?Did we define it, how much it is? James David:The fee for a temporary use permit I believe is$100. Council Member Nacy: Okay.They would have to pay that each year if they wanted to keep this out? James David:To keep by renewing the permit, yes. Council Member Nacy: Okay.Then the barrier thing, can you go back to that language? It says fence- like barrier. Does that mean it has to-- the picture that's there is pretty hideous. [laughs] I would not want to see a bunch of those around Town. How much flexibility is there? I understand it needs to be there for safety reasons and people need to see it, but could we have some discussion about it not looking like that?[laughs] James David: Absolutely. I think fence-like barrier is pretty flexible and we're open to case-by-case review. This might not be the best illustration of what we're going for, but I think this was safety first, and clearly, that's jumping right off the screen there. If the Council would like to adjust that language, staff is open. Council Member Nacy: I'm just curious where would we-- I guess we wouldn't necessarily--would we put that in the Zoning Ordinance or would that need to just be noted somewhere else? Because it's not really a policy thing per se, I guess. I don't want to get into like a design standard when we're just trying to say it needs to be this. James David: I think that the way the language lays out now, it does give the business owner some flexibility, and hopefully they're going to put something out there that promotes their business in keeping with it that nice atmosphere, and so potentially we could add something that says it's complementary with the surrounding architecture or aesthetic. Council Member Nacy: Aesthetically pleasing. [laughs] I mean, just a thought. I'll see what my colleague say. Mayor Burk: Mr. Bagdasarian. Council Member Bagdasarian: Thanks, James. On that note, the question is this something that will be perpetual, because if somebody is going to invest in a nice border barrier, obviously they want, it's going to be removed next year,then that probably will be worth the investment. I swore I never thought I was going to Town Council talk about like flower beds and all that, but putting something that's aesthetically pleasing if it's a long-term thing, so is this intended to be perpetual until if Council decides in a future date to amend this? James David: Certainly,that opportunity is available to the business owner, so they could renew on an annual basis. Now, we also have that revocation clause. If we find that the business is not in keeping with the standards as they're laid out here,we do have that right to say, "That's no longer allowed."The idea was this would get us through until we get to that comprehensive Zoning Ordinance rewrite, and then maybe drill down a little bit deeper on exactly how we want these things to perform. Council Member Bagdasarian: Got it. Because I think it's fantastic,things through COVID, behaviors change and the way we do business and where we live has certainly changed. I do have another question. In the proposed amendment, Section C about access, part two of that, shall not be separated from the principal building, something about a vehicular travel aisle.Are there any businesses that that will impact currently that we're aware of? Page 12 I July 26, 2022 James David: Not that I'm aware of, of those 10 that I mentioned. I think what this does here is there might be some businesses that are in areas that are surrounded by large parking lots that might say, "Oh,well,the outdoor dining area and the tent that I'm hoping to have is just over there. It's easy walking distance, but it still has a vehicular travel lane between the brick and mortar and where they'd like to be."This would prevent that from happening, and it just goes to helping the safety of pedestrians and crossing. Mayor Burk:And the waitstaff. James David:And the waitstaff, yes. [laughs] Council Member Bagdasarian: And the waitstaff. Has the Town received any complaints about the outdoor dining provisions during COVID?Because I've only heard positive feedback from my anecdotal kind of. Kaj Dentler: I have not had any complaints. Council Member Bagdasarian: Great. Thank you. Mayor Burk: Ms. Fox. Council Member Fox: Thank you. Quick question about parking. This is a temporary use and I understand that. I don't disagree. I think this has been great for the businesses. I was at dinner the other night and the restaurant was full. Are we proposing even though the restaurant's full to still have this outdoor area? If so, how does that affect the parking requirement? Is that waived because it is part of a temporary use? Is that why we're saying no more requirement, or did we adjust it, you said, for one space for every four seats? James David: Yes. The way that the language was written before is how you see on the screen there with lowercase d, that the temporary outdoor dining area shall not consume more than 50% of existing onsite parking facilities.That speaks to the patrons that are in the actual physical building,that we didn't want to completely consume all the required parking for that use.Then introducing one space for every four seats outdoors will also help alleviate that pressure from additional diners that are in the outdoor dining area. Council Member Fox: That's just for the outdoor, not indoor and outdoor? James David: Correct. Council Member Fox: As I look at it, and I guess it doesn't compute for me where we were adding spaces to eat and take away spaces to park, it didn't compute when we-- especially downtown have issues with parking. I just don't understand, is it because it's a temporary thing? James David:Yes, it's because it's a temporary thing that the staff felt that it could be located in those adjacent parking areas, but not take out the entire required parking. Then, in addition to that required parking for the brick and mortar restaurant, Provision F here states that parking for the temporary outdoor dining area has to provide additional seats based on the seating that they're providing. This would be above and beyond what they were already required for their brick and mortar. Gaining some of that parking back that we lost for the outdoor dining. Council Member Fox: I understand what you're saying. It still doesn't compute because you're taking parking away by putting up outdoor seating. James David: Understood. Council Member Fox: Thank you. Mayor Burk: Mr. Steinberg. Page 13 I July 26, 2022 Council Member Steinberg: James, out of curiosity, can we also call you JJ? Do you fly by that too? No. James David: Some people call me JD. Council Member Steinberg: Oh, JD, but not JJ? James David: Not necessarily JJ. Actually, senior year high school yearbook, I had a picture under James David and under David James. [laughter] Council Member Steinberg: Getting back to the fence-like structure, was the intention for that to be primarily for spaces created within parking lots as opposed to the types of outdoor dining that's taking place on sidewalks in front of brick and mortar establishments, because those are generally demarcated by ropes and stanchions? James David:Yes,that's a good point, Council Member Steinberg. I believe the main intention was to just have a separation of the dining area from the areas where the public right away might be or where other folks are driving. It's primarily for those that are in those parking areas. Council Member Steinberg: Thanks. Getting to the tents and all of that, several years ago, there's a fairly careful conversation by Council regarding within the B1, shade structures, tents, and all of that, and how the BARs purview might fit at that. Now, we have what appears to be a fairly freewheeling approach to these structures within the B1.Are we going to try to maintain some consistency or is it just going to be what it is within the B1 regarding the temporary structures? James David:A good point. I know shade structure versus tent is a pretty important distinction in those historic areas. As it's written right now, it specifies tent, but I think it would be open to interpretation if the Zoning Administrator received an application for one that had more of a shade sail over it than a tent,whether or not it falls under this guise of what you see on the screen here because it's a temporary use. I think that the intention would be to make sure that it is less than 900 square feet,that is just one, and that it's on the exhibit, but it wouldn't necessarily draw the line at. It wasn't at the tent or shade structure, given the temporary nature of the use. Council Member Steinberg: Staff doesn't feel that there needs to be a little more conversation just in terms of protecting the aesthetics of the historic district regarding the temporary structures themselves? James David: Well, certainly, we can revisit that section of the draft language if the majority of the Council would like us to specify, except for in the historic district,where tents versus shade structures shall apply. Council Member Steinberg:All right, thanks. Mayor Burk:All right. Well, Mr. Bagdasarian,your time is up for this meeting. Council Member Bagdasarian: Is it? Mayor Burk: Sorry. Council Member Bagdasarian: Come on, really? Mayor Burk: No, your time is up. This is not the work session. Council Member Bagdasarian: Oh, man. That is true. Thanks. Mayor Burk: You can prick me later or whatever. Thank you. Truly, I think this was one of the things that we did that saved many of our downtown businesses, our businesses, period, having these tents provided an alternative for people that felt uncomfortable going into restaurants. I know that many of Page 14 I July 26, 2022 them along with the curb pickup are very excited and want to continue to use the tents. I look forward to having this comeback. Does anybody want to make the motion on this? No, I'm sorry. That's right. See, I told you, you'd get me for it. Council Member Bagdasarian: Can I go down as a member of public? Mayor Burk:Yes, no. [laughs] Is there anybody from the public that would like to speak that didn't sign up? There is nobody that would like to speak at this point that I will close the public hearing. Now, if there's anything--would anybody would like to make this motion? Council Member Steinberg: I'll make the motion. Okay, for approval. I think I've got the right one. I move to propose Zoning Ordinance amendment TLOA-2021-0006 dated July 26th, 2022, and included as attachment one, which establishes temporary outdoor dining as a use subject to standards based on finding that the amendments further economic development objectives of the Town Plan, and that the proposal would serve the public necessity,convenience,general welfare,and good zoning practice. Mayor Burk: Seconded by Vice Mayor Martinez. Any additional discussion at this point? All in favor, indicate by saying aye. Members:Aye. Mayor Burk:Opposed?This passes 6-0-1.Thank you very much.That takes us to unfinished business. Our unfinished business is TLOA-2021-0011, Limited Sign Amendment Motion Confirmation. Christopher Spera: Madam Mayor, you can blame me for that one. Mayor Burk: Ok. Christopher Spera: You'll recall in our last legislative meeting, we had the Zoning Ordinance amendment before you with respect to the signage and there was extensive discussion. There were three areas of change that were on the block, if you will. The curbside signs for curbside pickup, the supplemental signs on the structure itself and then the awning signs. It was very clear, I think, to all of us on staff that the first two items, the curbside pickup signs and the additional signage on the structures themselves were fine, and there was not a majority that favored the awnings' piece. Unfortunately, the ordinance that was in your packet, and that was included with the staff memo had all three changes. There was just the potential for confusion, and the motion that was on the screen, which, Ms. Fox, you read it exactly correctly, but it didn't really help us give any clarity to that, because it just referred-- It wasn't your fault. It was our fault as staff. It was too general a motion. What we probably should have done was given you a menu of,"We approve this one,we approve this one,we don't approve this one." We didn't do that. Lesson learned by us. We'll do better. This was my attempt, this is all my fault. This is my attempt to just make our record clear that what you intended to do was adopt the changes to the Zoning Ordinance with respect to the curbside signs,with respect to the supplemental structural signs, but not with respect to the awning slope signs. That was all that we are trying to do here. We didn't want to reconvene a public hearing because we don't need to. It was just that there was an inconsistency in the materials that were before you that were made available to the public. We wanted to be clear about what your action was. Staffs problem, staff is fixing it. That's the very simple motion that we have here before you is to do that. Our ask, as staff, is to the new ordinance that's attached only reflects the two changes. It removes the third one about the awning slope signage. Our ask is that you adopt this motion so that we have a publicly created record that accurately reflects the action that you took. I hope that's not too many words to fix the problem. Mayor Burk:You are asking for the motion of I move to approve Zoning Ordinance amendment TLOA- 2021-0011, revising various sections of the TLCO? Page 15 1 July 26, 2022 Christopher Spera: I move to confirm that the ordinance attached by staff to the motion accurately reflects the intent of Council at the July 12th,2022 public hearing. Mayor Burk: He can't make the motion. Christopher Spera: No, I can't make-- Mr. Martinez make. Oh, you weren't there?This is the one we talked about yesterday. Council Member Fox: I'd like to go ahead and move that because I understand now.Thank you. Mayor Burk:All right. Council Member Fox moved. Is there a second? Council Member Bagdasarian: Second. Mayor Burk: Council Member Bagdasarian. Do you have anything you'd like to say, Mr. Bagdasarian? Council Member Bagdasarian: [unintelligible] [laughter] Mayor Burk: Mr. Steinberg. Council Member Steinberg:Just for the public, by voting yes,we're saying no to the signs on awning slopes, correct? Christopher Spera:That is correct. Council Member Steinberg: Okay. [laughs] Christopher Spera: Your discussion was very clear. You were saying no to the awning signs. Unfortunately, the ordinance that was attached to the memorandum had the changes to the awning signs included as part of it, and we're just trying to resolve that potential confusion. Mayor Burk:All in favor, indicate by saying aye. Some speakers:Aye. Mayor Burk: Opposed? It's 5-0-1-1. Because you're abstaining, right? Okay. Christopher Spera: That's correct. Mayor Burk: I know, you're not going to play anymore. [unintelligible] Christopher Spera: Thank you very much for your help with that one. All right. We have no new business. Council disclosures. Ms. Fox? Council Member Fox: Thanks. I do have one disclosure. I did meet with Mr. Kevin Ash on the 20th regarding his boutique hotel concept. Mayor Burk: Nothing else?Anything else? Okay. Mr. Steinberg? Council Member Steinberg: Yes. I also have disclosure meeting with Kevin Ash regarding his Hotel Berg Project. I'd like to bring up for a potential future meeting a discussion where we might ask the Planning Commission to look at temporary structures in the historic district just to be sure we have some consistency of design there. Mayor Burk:Are there four people that want to have a discussion on the temporary-- How-- Say it for me again so I don't want to misstate? Page 16 July 26, 2022 Council Member Steinberg: Ask the Planning Commission to just take a look at the design of temporary structures for outdoor dining in the historic district so we can achieve some consistent aesthetic there. Mayor Burk:Are there four people that want to have the Planning Commission have that discussion? Mr. Steinberg, Mr. Martinez, Mr. Bagdasarian, and Ms. Nacy. Ms. Nacy? Mr. Bagdasarian? Council Member Bagdasarian: I don't have a thing. Mayor Burk: Mr. Martinez? Vice Mayor Martinez: [inaudible] Mayor Burk:You need your microphone, please repeat it. It's not on.There you go. Vice Mayor Martinez: I also had a meeting with Kevin Ash with Council Member Steinberg who I believe has included me on his disclosure form. Mayor Burk: I have a couple of things. One I also met with Mr. Ash. He was busy on his hotel idea, and I also met with Molly Novotny and the Lidl group to talk about the Tuscarora Crossing commercial aspect. I do want to thank the Leesburg Rescue Squad. I did a ride along with them the other day and, boy,that was a fascinating experience.The thing that really struck me was how dedicated these people are. They have full-time jobs and full-time lives. Yet, they donate their time and their skills to making sure that Leesburg is a place that's safe and that people are cared for, and skill level is just amazing of what they can do and how they can do it. I congratulate them on and thank them very much for all that they do. I did want to acknowledge that I met with Marika Rice who is looking to do a Ukrainian fundraiser in Town. I want to welcome Sienna Sky who did a ribbon cutting the other day. It's a lovely little boutique dress shop in the Village of Leesburg. It's a very delightful and people will really get a nice vibe and a nice feel. It's very cool and very lovely place. I want to congratulate and thank the Gallagher's, Chloe and Grace. They were Mayors for today. Grace is five and Chloe's six. They went everywhere from opening the pool and turning on the pumps and getting everything ready at the pool to go into the Airport to helping me cut the ribbon at Crosstrails, to coming back here and enjoying hitting the dais here with the hammer and they had a great time. They were very interested in what Leesburg was all about and what the Mayor does. That was a great opportunity for them and I want to thank them.Tomorrow, I will be leaving to go to Richmond for the VML executive meeting.That is all I have. Mr.-- Kaj Dentler:Just one comment that as you know that Crosstrail Boulevard is expected to open up next week. When that opens up-- Mayor Burk: They said August. Oh, yes. Okay, never mind. Kaj Dentler: Next week. Mayor Burk:Yes, that's next week. Kaj Dentler: Let's say when Crosstrail opens up here in the very near future, the Council is also committed to open up Kincaid Boulevard. Staff has that full coordination. Once Crosstrail is open to traffic, then Kincaid will be automatically opened up and all the plans have been in works to do that. That's been our Council's long-standing promise to that community. It'll be open up pretty soon. Mayor Burk: It's pretty exciting. Page 17 I July 26, 2022 Council Member Fox: Can I ask a quick question about that? I was informed by somebody today from the Board of Supervisors that it's not going to be open until all of Crosstrails is done. Is that correct or no? Kaj Dentler: No.The arrangement is that once Crosstrail is open to traffic,then Kincaid would open. Council Member Fox: Because I heard [crosstalk] Kaj Dentler: It wasn't that all of Crosstrail is fully opened, but once the road is opened, then Kincaid would be opened up. Council Member Fox: Thanks. Mayor Burk:All right. We now have a closed session. This is a closed session on a pending litigation, annexation and/or boundary line agreement with respect to the JLMA. I will move pursuant to 2.2- 3711(A)(7) and 2.2-3711(A)(8) Code of Virginia, that the Leesburg Town Council convene in closed meeting for the purpose of consultation with legal counsel and briefing by staff members related to multiple pending cases, including the following. The Town of Leesburg et al, vs Loudoun County et al. Loudoun County Circuit Court number 19-1768, and Graydon Manor LLC vs The Town of Leesburg VA Loudoun County Circuit Court, case number CL21-4323, where such consultation is in open session would adversely affect the negotiating and litigating posture of the Town in consultation with the legal counsel regarding specific legal matters request, requiring the provision of legal advice by such counsel and pertaining to a potential annexation and/or boundary line agreement with the respect to the JLMA. Is there a second? Seconded by Council Member Steinberg. Any discussion? All in favor? Mr. Martinez is gone. Okay. That gives me 1, 2, 3, 4, 5, 5-0-2. All right. Gentlemen, we will have to close the doors. We'll have to ask the public to leave at this point. Closed Session from 8:06 p.m.—9:30 p.m. Mayor Burk: Are we ready? In accordance with section 2.2-3712, the Code of Virginia, I move the Council certify to the best of each member's knowledge. Only public business matters are lawfully exempted from open meeting requirements under the 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, and considered in the meeting by the Council. Ms. Nacy? Council Member Nacy:Aye. Mayor Burk: Mr. Bagdasarian? Council Member Bagdasarian:Aye. Mayor Burk: Mr. Martinez? Vice Mayor Martinez:Aye. Mayor Burk: Ms. Fox. Council Member Fox:Aye. Mayor Burk: Mr. Steinberg? Council Member Steinberg:Aye. Mayor Burk: Ms. Burk, aye. Do I have a motion? You got moved by Mr. Bagdasarian. Seconded by Mr. Steinberg.All in favor? Page 18 I July 26, 2022 Members:Aye. Mayor Burk: Opposed?That's 6-0-1. Page 19 July 26, 2022