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HomeMy Public PortalAbout2022_tcmin0927 COUNCIL MEETING September 27, 2022 Council Chamber, 25 West Market Street, Leesburg, Virginia, 7:00 p.m. Mayor Kelly Burk presiding. Council Members Present: Ara Bagdasarian, Zach Cummings, Suzanne Fox, Kari Nacy, Neil Steinberg, and Mayor Kelly Burk. Council Members Absent: Vice Mayor Marty Martinez. Staff Present: Town Attorney Christopher Spera, Deputy Town Manager Keith Markel, Director of Public Works and Capital Projects Renee LaFollette, Director of Information Technology Jakub Jedrzejczak, Director of Planning & Zoning James David, Leesburg Police Major Vanessa Grigsby, Deputy Director of Utilities Brian Stone, Senior Planning Project Manager Scott Parker and Clerk of Council Eileen Boeing. AGENDA ITEMS 1. CALL TO ORDER 2. INVOCATION was given by Council Member Bagdasarian. 3. SALUTE TO THE FLAG was led by Council Member Nacy. 4. ROLL CALL 5. MINUTES a. Work Session Minutes of September 12, 2022 MOTION 2022-175 On a motion by Council Member Cummings, seconded by Council Member Steinberg, the minutes of the Work Session of September 12, 2022, were moved for approval. The motion was approved by the following vote: Aye: Bagdasarian, Cummings, Fox, Nacy, Steinberg and Mayor Burk • Nay: None Vote: 6-0-1 (Vice Mayor Martinez absent) b. Regular Session Minutes of September 13, 2022 MOTION 2022-176 On a motion by Council Member Nacy, seconded by Council Member Fox, the minutes of the Regular Session of September 13, 2022, were moved for approval. The motion was approved by the following vote: Aye: Bagdasarian, Cummings, Fox, Nacy, Steinberg and Mayor Burk Nay: None Vote: 6-0-1 (Vice Mayor Martinez absent) 1 I Page COUNCIL MEETING September 27, 2022 6. ADOPTING THE MEETING AGENDA IMOTION 2022-177 On a motion by Council Member Steinberg, seconded by Council Member Nacy, the meeting agenda was moved for approval. The motion was approved by the following vote: Aye: Bagdasarian, Cummings, Fox, Nacy, Steinberg and Mayor Burk Nay: None Vote: 6-0-1 (Vice Mayor Martinez absent) 7. CERTIFICATES OF RECOGNITION a. None. 8. PRESENTATION OF PROCLAMATIONS a. National Arts and Humanities Month Mayor Burk read the National Arts and Humanities Month proclamation and presented it to Ms. Rita Sartori, who made a few remarks. b. Polish American Heritage Month Mayor Burk read the Polish American Heritage Month proclamation and presented it to Ms. Elwira Bernat and Information Technology Director Jakub Jedrzejczak, who made a few remarks. c. Hunger Action Month Mayor Burk read the Hunger Action Month proclamation and presented it to Ms. Rachel Roberts and Ms. Jennifer Montgomery, who made a few remarks. d. Proclamation League of Dreams Day MOTION 2022-178 On a motion by Mayor Burk, seconded by Council Member Nacy, the following was proposed: I move to approve the Proclamation for League of Dreams Day to be proclaimed at the October 11, 2022, Town Council Meeting. The motion was approved by the following vote: Aye: Bagdasarian, Cummings, Fox, Nacy, Steinberg and Mayor Burk Nay: None Vote: 6-0-1 (Vice Mayor Martinez absent) I 2 I Page COUNCIL MEETING September 27, 2022 e. Domestic Violence Awareness Month MOTION 2022-179 On a motion by Council Member Cummings, seconded by Council Member Steinberg, the following was proposed: I move to approve the Proclamation for Domestic Violence Awareness Month to be proclaimed at the October 11, 2022, Town Council Meeting. The motion was approved by the following vote: Aye: Bagdasarian, Cummings, Fox, Nacy, Steinberg and Mayor Burk Nay: None Vote: 6-0-1 (Vice Mayor Martinez absent) f. Lung Cancer Awareness Month MOTION 2022-180 On a motion by Mayor Burk, seconded by Council Member Bagdasarian, the following was proposed: I move to approve the Proclamation for Lung Cancer Awareness Month to be proclaimed at the October 11, 2022, Town Council Meeting. The motion was approved by the following vote: Aye: Bagdasarian, Cummings, Fox, Nacy, Steinberg and Mayor Burk Nay: None Vote: 6-0-1 (Vice Mayor Martinez absent) 9. PRESENTATIONS a. Commission on Public Art Annual Report Commission on Public Art Chair Jeanette Ward presented the Commission on Public Art (COPA)Annual Report. Council and Ms. Ward discussed the vacancy on COPA and the various ways to submit interest to serve on the Commission. 10. REGIONAL COMMISSION REPORTS a. None. 11. PETITIONERS The Petitioner's Section was opened at 7:17 p.m. Audrey Carpenter. Spoke to Council as a resident of the Country Club Green Condominium community to thank the Town staff for their support involving several issues occurring in the community and at the nearby former Westpark Hotel property. The Petitioner's Section was closed at 7:25 p.m. 3 I Page COUNCIL MEETING September 27, 2022 12. APPROVAL OF THE CONSENT AGENDA MOTION 2022-181 On a motion by Council Member Cummings, seconded by Council Member Steinberg, the following Consent Agenda was proposed: a. Edwards Ferry Road NE Sidewalk Improvements Project RESOLUTION 2022-117 Award a Contract for the Construction of the Edwards Ferry Road NE Sidewalk Improvements Project to Madigan Construction, Incorporated in the amount of $1,321,190 b. Snow and Ice Removal Services Contract Awards RESOL UTION2022-118 Awarding Fiscal Year 2023 Snow and Ice Removal Services Contracts to Amel's Trucking, LLC and Serene Acres Site Development, LLC c. Sanitary Sewer Lining and Rehabilitation RESOLUTION2022-119 Award Contract for Sanitary Sewer Lining and Rehabilitation to Tri-State Utilities, LLC in the amount of$860,692.50 d. Supplemental Appropriation of State Asset Forfeiture Funds RESOLUTION2022-120 Approving a Supplemental Appropriation in the amount of$70,000 from State Asset Forfeiture Funds for Leesburg Police Department Use to Upgrade the Weapons System e. Parking Standards for Hotels in the B-1 District RESOLUTION 2022-121 Initiating an Amendment to the Zoning Ordinance Revising Parking Standards for the Hotel/Motel Use in the B-1 Zoning District f B-1 District Building Height Special Exception Discussion RESOLUTION 2022-122 Initiating Amendments to the Leesburg Zoning Ordinance to Allow Exceedance of Maximum Building Height in the B-1 Community(Downtown)Business Zoning District pursuant to Special Exception Approval I 4 I Page COUNCIL MEETING September 27, 2022 g. Interpretive Exhibit for the Black History Mural Project RESOLUTION2022-123 Authorizing Funds up to$5,000 for an Interpretive Exhibit for the Black History Mural Project The Consent Agenda was approved by the following vote: Aye: Bagdasarian, Cummings, Fox, Nacy, Steinberg and Mayor Burk Nay: None Vote: 6-0-1 (Vice Mayor Martinez absent) 13. RESOLUTIONS /ORDINANCES / MOTIONS a. None. 14. PUBLIC HEARINGS a. TLSE-2022-0006, Loudoun Urgent Veterinarian The Public Hearing was opened at 7:27 p.m. Mr. Scott Parker presented the Minor Special Exception Application for Loudoun Urgent Veterinarian located at the Shops at Russell Branch. Council and staff discussed the application. Applicant Dr. Rachael Dunn made a few remarks regarding her business model. Public Speakers: There were no speakers wishing to address this public hearing. The public hearing was closed at 7:37 p.m. MOTION 2022-182 On a motion by Council Member Steinberg, seconded by Council Member Nacy, the following was proposed: I move to approve the proposed Resolution, approving Minor Special Exception TLSE-2022- 0006, Loudoun Urgent Veterinarian, with conditions, based on finding that the proposed veterinary hospital use is compatible with neighboring properties, consistent with applicable regulations of the Leesburg Legacy Town Plan and Town of Leesburg Zoning Ordinance, and promotes safe vehicular and pedestrian traffic. RESOLUTION 2022-124 Approving Special Exception TLSE-2022-0006, Loudoun Urgent Veterinarian, to allow a Veterinary Hospital at 135 Robinson Mill Plaza I 5 I Page COUNCIL MEETING September 27, 2022 The motion was approved by the following vote: Aye: Bagdasarian, Cummings, Fox, Nacy, Steinberg, and Mayor Burk Nay: None Vote: 6-0-1 (Vice Mayor Martinez absent) 15. UNFINISHED BUSINESS a. None. 16. NEW BUSINESS a. None. 17. COUNCIL DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE MEETINGS Council Member Cummings thanked staff and the Airport Commission for a fun Air Show held over the past weekend. Council Member Fox recognized Assistant Public Information Officer Leah Kosin for being recognized with a 40 Under 40 Award. 18. MAYOR DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE MEETINGS Mayor Burk expressed her sympathies to the family of Ms. Mary Wiley who was 107 years old when she passed away. Mayor Burk thanked the Emancipation Day Committee for hosting an event in Purcellville. Mayor Burk thanked Council Member Bagdasarian and Ms. Amy Bobchek for putting together the Crossroads Benefit Music Fest. Mayor Burk welcomed Body, Birth, and Baby to Leesburg and congratulated McEnearney Realty on their new Leesburg location. Mayor Burk noted that a transportation Town Hall meeting was held on September 21 to discuss the Route 15 and Battlefield project. Mayor Burk congratulated St. Gabriel's Episcopal Church on their 20' anniversary. Mayor Burk thanked the staff for a great Air Show. Mayor Burk requested a work session discussion to talk about green infrastructure opportunities for the Town. It was the consensus of Council to add this item to a future Work Session discussion. 19. TOWN MANAGER COMMENTS a. None. 20. CLOSED SESSION a. None. I 6 1 Page COUNCIL MEETING September 27, 2022 21. ADJOURNMENT On a motion by Council Member Bagdasarian, seconded by Council Member Fox, the meeting was adjourned at 7:•41 p.m. Kelly rk, M _73 L"—.iC----- Town of Leesburg ATTEST: rlo-e-l;et-, r) .17 Clerk of Council 2022_tcmin0927 I I 7 I Page September 27, 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.leesburgva.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 want to open the meeting tonight. I've called to order the September 27tn, 2022 meeting of Leesburg Town Council. If anybody in the room needs assistance, please see the Clerk. Council Member Bagdasarian will be giving the invocation followed by Council Member Nacy with the salute to the flag. Mr. Bagdasarian? Council Member Ara Bagdasarian: Yes. Heavenly Father, we are thankful to gather this evening to discuss matters of importance to our community. We ask for clarity in our judgment and decision- making. We ask for civility and empathy in our deliberation. Let us work together to constructively build a better Leesburg for our citizens today and for the future. We ask all of this in your name. Amen. Mayor Burk: Please join us. Please stand. [pause] All: One nation.... Mayor Burk: Thank you. We got new carpeting and it's really hard to push these chairs in. Let the roll reflect that all members of the Council are present with the exception of Vice Mayor Martinez who is under the weather tonight. We have two sets of minutes. Work session minutes from September 12th, 2022. Do I have a motion? Council Member Zach Cummings: So moved. Mayor Burk: So moved by Council Member Cummings. Second? Council Member Kari Nacy: Second. Mayor Burk: Council Member Nacy. All in favor, indicate by saying aye. Members: Aye. Mayor Burk: Opposed?That passes 7, 0. Chris Spera: 6-0-1. Mayor Burk: 6-0-1. Thank you. I forgot. I keep thinking he's here. Council Member Cummings: His spirit's here. Mayor Burk: Yes, in spirit. Regular session minutes of September 13tn, 2022. Do I have a motion? Council Member Nacy: So moved. Mayor Burk: So moved by Council Member Nacy. Second? Council Member Fox. All in favor? Members:Aye. Mayor Burk: Opposed?That's 6-0-1. Do I have a motion to adopt the meeting agenda? Council Member Neil Steinberg: So moved. Page 11 September 27, 2022 Mayor Burk: So moved by Council Member Steinberg. Second? Council Member Nacy: Second. Mayor Burk: Second by Council Member Nacy.Are there any deletions or additions?Okay.All in favor indicate by saying aye. Members: Aye. Mayor Burk: Opposed?That's 6-0-1. We have a number of proclamations tonight. I will read them into the record and then come down and present them. The first one is a proclamation for the National Arts and Humanity Month,and this is National Arts and Humanity Month October 2022.Whereas the nation's 120,000 nonprofit arts organizations, the National Endowment for the Art, the National Endowment for the Humanities,the nation's 4,500 local art agencies,and the arts and humanity councils have regularly issued official proclamations on an annual basis designating October as the National Arts and Humanities Month. Whereas cities and states through their local and state art agencies representing thousands of cultural organizations have celebrated the value and the importance of culture in the lives of Americans and the health of the thriving communities during National Arts and Humanities Month. Whereas humanities helped diverse communities across the United States explore their history and their culture. Whereas Leesburg's residents are encouraged to celebrate and promote the arts and the diverse culture of our community. Therefore, proclaimed that the Mayor and the Council of the Town of Leesburg in Virginia do hereby proclaim October as the National Arts and Humanities Month, and recognize Rita Sartori, Friends of the Leesburg Public Art President for providing funding and for advocating for projects and programs that foster arts and culture growth in Leesburg. The next one, you're going to have to bear with me on this one, this is the Polish American Heritage Month. Whereas American Heritage Month, October 2022. Whereas in October,we celebrate Polish American Heritage Month in the United States. Whereas Polish Americans have made vital contributions to our community and nations in the arts, science, religion, scholarship, and every area of endeavor.Whereas the military genius of Tadeusz Kosciuszko, and Kazimierz Pulaski was essential in the defense of our freedoms during the American Revolution. I told you, you're going to have to bear with me. Sorry, I know I probably really messed up those names. Since then, millions of Poland sons and daughters have helped build our nation's prosperity and defend our liberty. Whereas Polish Americans celebrate their culture and spiritual values across the country during Polish American Heritage Month, all Americans can join in expressing gratitude for Poland's heroic example of faith and sacrifice throughout the centuries. Therefore proclaim that the Mayor and the Council of the Town of Leesburg in Virginia hereby recognize October 22nd as Polish American Heritage Month. We invite Elwira Bernat in the Town of Leesburg information technology, Director Kuba Jedrzejczak to accept this proclamation on behalf of the Polish American Heritage Month. I don't think I was even close on either of those. We urge all Americans to join their fellow citizens of Polish descent in observance of this month. Then number three is Hunger Action Month. That is whereas September is designated as Hunger Action Month to provide an opportunity for the Town of Leesburg to focus on the persistent hunger problem and to mobilize to create a movement to end hunger throughout the United States, the Commonwealth of Virginia, and Loudoun County, whereas approximately 16,000 Loudoun County residents struggle with food insecurity, including many Leesburg residents.Whereas Leesburg resident Rachel Roberts has worked tirelessly over the decade to raise hunger awareness in our community. Whereas Miss Roberts has raised more than $140,000 in funds to alleviate food insecurity through her flower stand on Edwards Ferry Road. Whereas Rachel Roberts has raised hunger awareness in Loudoun County and helped build a future where no one goes hungry. Everyone has access to a variety of health, adequate, nutritious food. Whereas everyone can follow Mrs. Robert's examples to end Page 21 September 27, 2022 hunger by donating,fundraising,volunteering,and learning about local hunger or by advocating for food assistance or by sharing loudounfeeds.org as a resource for Loudoun, Leesburg residents. Therefore I proclaim that the Mayor and the Council hereby recognize Rachael Roberts for her dedicated work towards raising hunger awareness and for her hunger relief efforts over the years. Then we have a proclamation to approve the League of Dreams Day. I will move to approve the proclamation for the League of Dreams Day to be proclaimed on October 11tn, 2022 at the Town Council meeting. All in favor--No, excuse me a second. I got it. Seconded by Council Member Nacy, all in favor, indicate by saying aye. Members: Aye. Mayor Burk: 6-0-1. Nays? There was no nays. Okay. We have also a Domestic Violence Awareness Month. Mr. Cummings, you sponsor this. Would you like to move it? Council Member Cummings: I move to approve. Mayor Burk: Second Council Member Steinberg. All in favor, indicate by saying aye. Members:Aye. Mayor Burk: Opposed?That is 6-0-1. Then the last one is Lung Cancer Awareness Month. I will move to approve the proclamation for Lung Cancer Awareness Month to be proclaimed at the October 11tn 2022 Town Council meeting. Is there a Second? Council Member Bagdasarian: Second. Mayor Burk: Seconded by Mr. Bagdasarian. All in favor? Members: Aye. Mayor Burk: Opposed? That's 6-0-1. I will go down and make these presentations for three proclamations that we have. I will try not to butcher anybody's name. [pause] Mayor Burk: This first one we are going to do is for the National Arts and Humanity Month. Rita, would you come up,and Jeanette,would you come up and join us?For many reasons, Rita is very an amazing person. Tonight, we're recognizing her for all the effort and everything she does to help the arts here in Leesburg.We started a public arts program a number of years ago, and we realized that we didn't have any funding. Rita stepped in and she has been phenomenal in getting the funding that we need to do all the different projects that we have around Leesburg. We have a great, really fascinating mural going up just up the way there. It's in its second day, and you can already see what it's going to look like. It's very exciting. Would you like to say a few words about what Friends does and how you help the Commission of Public Art? Rita Sartori: Welcome, everybody. We are very happy to look around the Town and be able to walk around Town and actually start seeing more art in the area so that when people even outside of the Town come, they've got things to look at and say wow, that's a great destination,just not for vineyards and other things, but also for art. We feel that public art does get people to start talking and thinking and maybe they might be interested in starting some art projects themselves where they live or even with their children. We're always very happy to promote and help the Commission on Public Art install more art.Yes.There we go. Future artist. [laughs]Thank you so much. Mayor Burk: Thank you, Rita, truly for all that you do. It's wonderful. Thank you. So Elwira Bernat and Kuba, would you like to come up and reread the proclamation with the correct saying? Page 31 September 27, 2022 [laughter] Did I say Elwira correctly? Elwira Bernat: Elwira. Mayor Burk: Elwi-- I wasn't even close. Oh my. This is very exciting to give you this proclamation. So much of what makes Leesburg a special place is the different communities within our Town, and the Polish community is a very strong community and we're very delighted that you're here to accept this today on behalf. Would you like to say a few words? Elwira Bernat: I don't know what to say but I want to say thank you. Mayor Burk: Okay. [laughter] It's all right. Kuba, would you like to say? [laughter] Kuba Jedrzejczak: Absolutely. I can't miss this opportunity. Good evening, Madam Mayor. Thank you so much. Council and the residents of Leesburg, I appreciate you guys are here, and the Polish community. I've been in Leesburg for 18 years working here, and Leesburg for me has two beautiful things. One, Mayor said community, this is great sense of community, and second is the identity. This identity, the character what I mean is built from all these diverse communities getting together. No one can measure the value of community, but we all appreciate it. Again, I would like to say thank you so much for recognizing the community and celebrating with us the Polish Heritage Month. Thank you. Mayor Burk:All right. Thank you very much. Again, the Irishman Apologizes. [laughs]The next one is the Hunger Action Month. Rachel Roberts,would you come up with Jennifer?Would you like to join us? [laughs]Well, hello, how are you tonight? Rachel Roberts: [inaudible] Mayor Burk: I think everybody knows as they drive by on Edwards Ferry Road and see all your flower arrangements, what you do and how you do it, and it's so wonderful that you've been able to raise so much money and do so much help. I'm sure Jennifer would like to say a couple of nice things about what she does and how she's done it. Jennifer Montgomery: First of all, thank you and thank you to the Council for helping us to recognize Hunger Action Month that's sort of coming to a close. We're in our orange tonight. Rachel's got her orange shoes on too and our buttons. Hunger affects everyone in our community, in our country, and across the world. Just recognizing that that's an issue and it's an issue that a lot of our neighbors face right here in Leesburg is important, so thank you for doing that. We're really here tonight to recognize Rachel Roberts' contributions and her contributions that have gone on for more than a decade, and the thing that I love most about what Rachel's done is that she has taken something that she really loves, her love of flowers, her gift of gardening, and she has used that to help her neighbors. I think that what's so important about that is that everybody has something, everybody has a gift or something that they're passionate about, and you can take that and use that for good in your community, whatever that is that you find important. Thank you for being such a great example. Thank you for taking action for all of these years to help us and to help our neighbors in need. We really appreciate it. Mayor Burk: Right. Thank you all very much. Page 41 September 27, 2022 [pause] All right. Next up on our agenda is our presentation. We have a presentation from the Public Arts Commission. [pause] Jeanette Ward: All right. Hello, I'm Jeanette Ward. I'm the Chair of the Commission on Public Arts. I promised I'd keep this to an hour, so I'll do my best. [laughter] It's been a couple of years since I think we've done a presentation, so we just kind of included a lot of our work from the past couple of years, but we will breeze past some of those because obviously you guys are pretty well versed in what we're up to. The Commissioners, it's me, Leah Fallon, Huyen MacMichael, Amy Manson, Deborah Morbeto, Kirsten Ponticelli, we do have one vacancy, and then Mr. Bagdasarian is our Liaison, and Leah is our Staff liaison. We are, as you know,Advisory Council to you all. We oversee the Leesburg Public Art Master Plan. We propose and revise policy on public art. We do our best with the folks that we have to act as an advocate for public art and bringing artists and projects to the Town of Leesburg. Developing and reviewing plans for inventory and maintenance of existing art. That would be with our structures that we have at the skate park, that's just one example, and the murals that we've put up. We like to expand more public art throughout the Town because we think that it brings more tax dollars into Leesburg as it brings people into our restaurants, it brings people into our breweries, into our shops. We like to really promote the appreciation of public art. We've been working on developing a public collection of artwork that reflects the Town of Leesburg. In the last two years or so, we have launched the Arts and Cultural District. We have this nice little logo that you see on some of the downtown businesses. We're trying to promote that as a arts and cultural destination. ArtsPARKS Program Raflo Park, we just had a changeover with the new art that has been installed in the last couple of months over the summer. I encourage you all to go down there and take a look. It's always one of the most well-received parks in the art community because it's so nicely done, it's nicely planned, and we have great art there. The King Street Bridge Mural, that has been completed for a bit now, Kaylee Boyle has completed this on both sides. Just a really nice depiction of trains and how they work with Leesburg. Some of the older murals that we have, obviously the Parking Garage mural and Gale Waldron Mural are a little bit older. Liberty Street Mural's a little bit newer. That is just a very beautiful,just happy piece of art that has a lot of really good Instagram hits for people visiting Leesburg. We have the Harrison Street Mural. That is across from Tuskies and that mural has been completed since around COVID. Earlier this year we unveiled the Lassiter Way Mural done by Kim. That features some prominent folks here in Leesburg. Just stunning pieces of art. We are hoping to get our plaques up soon on that to more clearly convey who the subject matter in each piece is. Our sculptures, we have Stanley Calkins and the Love Sculpture over across from Raflo. The Skate Park Sculpture which was done just before COVID. Looks great, it really complements the space.We're very happy with it. Every quarter we do a Town Ha that with the first Friday and it's been pretty successful. We also have the Crossroads Music Festival. II Lobby Exhibit which we encourage you all to come to. We change out the artists quarterly, and then during the time that they are exhibiting, we have the artists come and do an opening of sorts. We try to coincide The last two years, COPA's been assisting with, and we're very happy to have Crossroads Music Festival here in Leesburg. We're very excited because the plows just got delivered to Evergreen Mill and to Catoctin Elementary for the Paint The Plow program. We're happy to be bringing this back to Leesburg. The Plows will be unveiled at the Halloween parade, so very excited. VMFA we had earlier this year. We've had this exhibit for the last two years now,very popular. It's a nice way to bring art from Richmond to Leesburg, free events. We've had rave reviews. Page 51 September 27, 2022 Just a very good time by all. You just come in, it's very casual, and just expose yourself to different art. They had just a really great turnout this year. Then our work on COPA. We partner with the Virginia Commission for the Arts and provide grants to these programs here were the grant recipients, Loudoun Ballet, the Lyric Opera, Loudoun Chorale, and FOLPA, Friends of Leesburg Public Art. Okay. You can find us the first Monday of the month at 5:30 PM on the lower level. Does anybody have any questions for me? Mayor Burk: Thank you very much, Jeanette. We appreciate this. There is an opening. If someone were interested in participating in the Commission on Public Art, where would you suggest that they contact?Who should they contact? Jeanette Ward: They can reach out to public art, our Leesburg Commission on the Public Art email address. Leah Kosin would also be a great person to reach out to. Mayor Burk: They also can reach out to Council. Jeanette Ward: Council. Yes, Council. Mayor Burk: We can get that position filled. Jeanette Ward: Eileen. They reach out to Eileen as well. Mayor Burk:That's right. There's lots of places then.All right. Does anybody else have any questions? Just a great job, and we really appreciate all you've been doing. Thank you. All right. That presentation is over, so that brings us to our petitioner section. In the petitioner section we want to make clear that we value the input of our public. One of the first orders 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. That's really important that people that are watching that are using closed captioning, they really need to see your name. 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 summing up and yielding the floor when the bell indicates your time is expired. Under the rules of orders adopted by this Council, the time limit applies to all. First name on our list is Audrey Carpenter, and there's nobody after her at this point. Audrey Carpenter: Spell my name first, right? Mayor Burk: Would you please? Audrey Carpenter: Okay. Am I speaking here? Mayor Burk: You are. Both of them, you can pull them down closer to you. Audrey Carpenter: Can I do like this? Mayor Burk: You can. Audrey Carpenter: Okay.Audrey,A-U-D-R-E-Y, Carpenter, C-A-R-P-E-N-T-E-R. I'm going to read my thoughts tonight. Dear Council, thank you for the opportunity to speak tonight. I am Audrey Carpenter. I live in the Country Club Green Condominium community in Leesburg. Tonight I want to take the opportunity to give some praise to the Town staff. I feel like you don't get enough of that. I'm sure on a daily basis you get inundated with a lot of requests, and concerns. You are asked to be public servants, interventionists, guiders, experts in your field, and sometimes therapists when a resident just needs to get something off their chest and they don't know who else to turn to. For all these roles you play, thank you. I want to thank Mayor Burk and-- Kaj, right? Not Kaj. Page 61 September 27, 2022 Mayor Burk: Yes, Kaj Dentler. Audrey Carpenter: Kaj Dentler for coming out at my invitation last fall to my neighborhood. They gave me well over an hour of their time as I toured them around the grounds, pointing out several areas of concerns. Ultimately,the Town wrote a letter to the property manager,and the condominium association to help propel needed change. Since that time, our community has changed management hands twice,which is pretty unprecedented, and we are now being managed by a company in Alabama, which we do not feel is good for our neighborhood, and which we have vocalized. In addition to the attention and concern, Mayor Burk and Kaj have given to our community, I want to thank the following Town staff and departments, all of whom have had a hand this past year in helping to improve our neighborhood. The Town Arborist who helped get multiple trees cut along Country Club Drive, the code enforcement staff who have helped get two very badly decayed porches fixed, the Public Works staff who have worked to remove 12 decaying parking blocks on our grounds and have been the champions of keeping the grass cut along Country Club Drive, which Chuck Kuhn owns, the transportation staff that have assisted in getting the Route 15 overpass fixed, and put me in touch with the correct people at VDOT to address the stop sign issues at the exit ramp from Route 7 into Country Club Drive. I also want to thank Kaj for helping facilitate the future demolition of the former Westpark Hotel after rampant vandalism. I also want to thank Suzanne and Zach for speaking with me on areas of concern and letting me know that they support our community and its efforts to make it the best they can be. They've gone above and beyond by reading and responding to emails on weekends and after normal business hours. Is it okay to wrap up? Mayor Burk: Go ahead and finish up. Audrey Carpenter: Okay. Their dedication to Leesburg and constituents is greatly appreciated. In November,the Friend's Group will celebrate one year. If I have learned anything this past year, it's that it takes a village sometimes to keep Leesburg clean,safe,and in good repair. Country Club Green looks forward to continuing to work with the Town and Loudoun County when the need arises and want to share the successes we have had this past year with you all. Mayor Burk: Thank you. Thank you very much. Audrey Carpenter: Thank you. Mayor Burk: Is there anybody in the audience who did not sign up but would like to speak at this point? Okay, that being the case, then I will close the petitioner section. We will now consider the approval of the consent agenda. Do any Council Members want any items removed? I will read it first and then let me know if you want any of them removed at this point. 12A is Edwards Ferry Road Northeast Sidewalk Improvement Project. B is Snow and Ice Removal Service Contract Awards. C is Sanitary Sewer Lining and Rehabilitation. D is a Supplemental Appropriation of State Asset Forfeiture Funds. C is Parking Standards for Hotels in the B1 District. F is B1 District Building Height Special Exception Discussion. G is the Interpretive Exhibit for the Black History Mural Project. Is there any item that anyone wants removed?Then can I have a motion? Council Member Cummings: So moved. Mayor Burk: So moved by Council Member Cummings. Second. Seconded by Council Member Steinberg. All in favor, indicate by saying aye. Members: Aye. Mayor Burk: Opposed?That passes 6-0-1. That then takes us to our public hearing. I call to order this September 27th 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 of Council Chambers, but 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- Page 71 September 27, 2022 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 is expired. Under the rules of orders adopted by this Council, the five-minute time limit applies to all. Rather than have numerous citizens present remarks on behalf of the group, the Council would allow a 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 follows. First, there's 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. Thank you. The public hearing item on the agenda for tonight is TLSE-2022-0006. Loudoun Urgent Veterinarian. Mr. Parker. Scott Parker: Good evening Madam Mayor, Members of the Council. My name is Scott Parker and I'm with the Planning staff. It just seems like a case of Deja dog all over again. I had to dig deep for that one. Mayor Burk: You really did. You really didn't need to. Scott Parker: I did. No, I had to dig deep for that one. This is the third in a row here. I was going to go with the barking lot but never mind. This is TLSE-2022-0006. This is a Loudoun Urgent Veterinarian. This is of 135 Robinson Mill Plaza. This is at the new shops of Russell Branch. As you can see here, this image still has it under construction. I think it's a little further along than this, but the endcap unit that I have pointed out there is where this particular vet location is going at the shops of Russell Branch. That is the Aldi Supermarket there to the left. That's zoned B-3, community retail, community commercial. There is no new construction other than what is transpiring out there right now to build the space at shops of Russell Branch, which was approved by rezoning in 2018. This is a minor special exception use. This is Town Council evaluation only. Certain uses only have to have Council review and evaluation, and there's no PC review. The Town Council adopted the Zoning Ordinance to create the minor special exception in 2018. Again, this is a minor special exception for a veterinary hospital. This is 2,400 square feet of indoor use. There is no outdoor use with this particular application. The veterinarian, Dr. Dunn. Rachael Dunn: Dr. Rachael Dunn. Scott Parker: Dr. Rachael Dunn, she is here, she'll address you in a moment. This is an emergency after-hours clinic at this location. There is no overnight boarding with this location. The after-hours are not overnight at this point, but if you were so inclined, she'll explain the operation to you as we proceed here. This, as you might expect, complies with Legacy Leesburg Town Plan as an appropriate use for this location. There is one use standard as we are probably familiar with now with veterinarians, and that's that all such facilities shall be within a completely enclosed building, shall be adequately soundproof and constructed that there's no emission or noise detrimental to the other properties in the area. Since this building is under construction right now and the space is under construction now, and this is a vet hospital without boarding facilities, compliance will be attained as with the construction methods as we go forward with the application. It's incorporated into the resolution of approval that you have. The minor special exception process has been speeding some things up. We accepted this application in July, the first comment letter went out in September, and here we are at the public hearing for this. There are no problems with the application from staffs perspective. All the special exception approval criteria have been met in the ordinance. We don't have any outstanding issues with this application. Staff does recommend approval of this. I have the conditions of approval that if you want me to, I'll do a dramatic reading of, but I don't. Page 81 September 27, 2022 Mayor Burk: That's fine. We'll pass tonight. Scott Parker: Okay. It is in your package. It is part of the-- Mayor Burk: [inaudible] Scott Parker: I can do it like Hamlet, I can do it. These are the conditions, they're on the resolution. It has your standard language,and then they are incorporating two pet waste stations here because there is going to be a small dog walk area in case it's needed there that the landlord is going to have. The pet waste station is going to be maintaining it, and I understand it's going to be through a private company, so we have no concerns about that at all. Then the use standard is incorporated. With that, the findings are that it's in general conformance, the approval criteria has been met, the use standards have been satisfied, and the proposal would serve the necessity, convenience, general welfare and good zoning practice. I have the suggested motions on the screen for you, and that concludes my presentation. I will be happy to answer any questions that you may have Madam Mayor. Mayor Burk: Does anybody have any questions for Mr. Parker? Miss Nacy. Council Member Nacy: I don't have any questions. I just have a quick comment. There is a huge need in this area for another emergency vet. I just can't even explain how desperate this area is for this, being a pet owner, I passed Dr. Dunn in the hall and I couldn't figure out why I remembered her name, and I did. As soon as she sat down, she took care of my two senior beagles, Abby and Iris at one point, she's a wonderful doctor. I'm very excited to have this coming, and it is sorely needed. TLC is just busting at the seams constantly, and this will be well utilized. Mayor Burk: Mr. Bagdasarian, do you have any questions? Council Member Bagdasarian: Just very quickly. I also agree that it's much needed and God forbid Augie needs to go into the vet, my dog. What happens if there is a situation where there's an after- hours care that's required the animal needs to stay there overnight? Is that an issue? Rachael Dunn: Yes. My [inaudible] Mayor Burk: No, I'm sorry, but you need to come up to the microphone. If you wouldn't mind just speaking into the microphone. Rachael Dunn: Yes. I'm Dr. Rachael Dunn. To answer your question, my model's strictly for urgent care. If that animal is critical or in a life-threatening situation, then that animal should go to a 24-hour emergency specialty practice. I'm the go-between essentially just for like the smaller just ailments, injuries, illness. If your dog vomits three times and you come home to that,come see me. Unfortunately, if your dog gets hit by a car, I would recommend that they go to a specialty clinic. Council Member Bagdasarian: Thank you. Mayor Burk: Ms. Fox. Council Member Suzanne Fox:Thank you. This is for Scott or staff. Whatever. I am fully in support of this. I think it's wonderful that this is coming, but I have one quick question. This is going through a minor special exception. Scott Parker: This is a minor special exception. Council Member Fox: It's come to us. Scott Parker: That is correct. Council Member Fox: Part of the minor special exception requires the proposed used to be compatible with neighboring properties. How do you determine that with just one neighboring property there? Page 91 September 27, 2022 Scott Parker: In this particular case for compatibility with neighboring properties, we look at with all special exception uses what the impact is going to be, noise, traffic, et cetera. This particular location being in a retail shopping center with no homes nearby, no exterior uses, this was actually considered quite compatible as a complimentary use to other retail offerings and things that could be utilized in the center. Council Member Fox: I just wondered because there's not quite much there except for a grocery store, so I just wondered. Scott Parker: Exactly. Now, if there were houses adjacent or things of that nature, we would look at it a little bit different, but this was a little bit on the easier side as far as adjacent property impacts for the special exception criteria. Council Member Fox: Thank you. Mayor Burk: Is there anything additional you would like to say? Rachael Dunn: Thank you for your spiel. I also saw you in the hallway, and I see a lot of people on a regular basis as do you guys, but yes, just to parallel what she was saying, there is a strong need in our community for this. I am hoping to fill that for the community. I love what I do, it's a fun job. I really hope that you guys can give that approval today so I can get rolling. Otherwise, I didn't know if you had any other further questions about my model or what I'm trying to do. I'm sure you guys all have animals. Mayor Burk: It looks like everybody's pretty content. Rachael Dunn: All right. Wonderful. Mayor Burk: All right. Would anybody have a motion they would like to make at this point? Eileen Boeing: No, we still have public comment. Mayor Burk: Oh. Darn. Why? I can never remember to close a public hearing. Is there anybody else in the audience that would like to speak to this? Seeing nobody. I will close the public hearing. Council Member Steinberg: Madam Mayor, I'll make a motion. Mayor Burk: Okay. Council Member Steinberg: Do I need to read it verbatim up here? Mayor Burk: Yes, you do. Council Member Steinberg: I move to approve the proposed resolution approving minor special exception TLSE-2022-0006, Loudoun Urgent Veterinarian with conditions based on finding that the proposed veterinary hospital use is compatible with neighboring properties, consistent with applicable regulations of the Leesburg Legacy Town Plan, and Town of Leesburg Zoning Ordinance, and promote safe vehicular and pedestrian traffic. Mayor Burk: Is there a second? Council Member: Second. Mayor Burk: Seconded by-- I'll give it to Ms. Nacy since she-- [laughter] All in favor, indicate by saying aye. Members:Aye. Page 101 September 27, 2022 Mayor Burk: Opposed. That's 6-0-1. You got your vet clinic. There you go. Does anybody have any comments, topic agendas, future Council minutes, or any topics at this point? Ms. Fox, Mr. Steinberg, Mr. Cummings? Council Member Cummings: Just wanted to quickly thank staff and the Airport Commission for the Air Show this past weekend. It was a lot of fun to watch all the planes and see the kids wait in line for 30 minutes to ride the inflatable slide down. That was a lot of fun. Thank you for all that. Council Member Steinberg: I think Keith was [inaudible] [laughs] Mayor Burk: Mr. Bagdasarian. Council Member Bagdasarian: Nothing. Mayor Burk: Ms. Nacy. Council Member Nacy: [inaudible] Mayor Burk: I just have a few things I want to say to the family of Ms. Wiley, who was 107 years old when she passed away. We send all the family our sympathy. She was driving until she was 105 here in Leesburg. [laughter] That's all I can say. I want to thank the Emancipation Day Committee. That was a great event they held in Purcellville. It's important that we remember these historical events and the history that came forward. The celebration was just a wonderful day. I want to thank Mr. Bagdasarian,and Amy Bobchek for putting together the Crossroads Benefit Music Fest. It was a great time downtown. It was great fun. To my knowledge, it raised a fair amount of money. Council Member Bagdasarian: It did. Mayor Burk: Good. I want to welcome, Body, Birth, and Baby, which provides services from preconception, pregnancy, and postpartum into parenthood.All this support is in one place. I also want to congratulate McEnearney Realty. They moved into their new lovely building that supports clients and the realtors equally. On the 21st, we had a transportation town hall on Route 15 and Battlefield. I think almost all of us were there. We heard a variety of opinions and ideas, and that was what town halls are all about. It was great to be there. I want to congratulate St. Gabriel's Episcopal Church for their 20th anniversary. I want to also thank staff for a great air show. It was a wonderful event. Then I would like to know if I could get four votes to put on for discussion at a work session at a future meeting green infrastructure. We need to start talking about what we are going to do in regard to climate and green opportunities. We have a police station that's going in that has almost no green aspects to it. I think that was a missed opportunity, so I'd really like to have that discussion on what do we see as important and that we need to make sure that we're including in future projects. Do I have four people that would be willing to do that? Mr. Cummings? Okay, everybody but Ms. Fox. So everybody but Ms. Fox. Council Member Fox: Madam Mayor, may I ask one more thing. Leah Kosin. We have to congratulate her publicly. Mayor Burk:All right, for 40 over 40. Then do mister Town Manager. Keith Markel: No comments. Mayor Burk: No comments. So I have a motion to adjourn. Council Member Bagdasarian: So moved. Page 11 1 September 27, 2022 Mayor Burk: Second? Council Member Fox: Second. Mayor Burk: Okay. Ms. Fox was second. Mr. Bagdasarian first. And all in favor. Members: Aye. Mayor Burk: That passes 6-0-1. Thank you. Page 121 September 27, 2022