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Town Council Meeting

Regular Meeting

Vienna, VA · June 6, 2022

AgendaMinutes

Minutes

Town of Vienna Charles A. Robinson Jr. Town Hall 127 Center Street South Vienna VA, 22180 Meeting Minutes Town Council Meeting Monday, June 6, 2022 8:00 PM Charles A. Robinson, Jr. Town Hall, 127 Center Street, South Invocation: Kelly Yazdani, Baha'I Community of the Town of Vienna Vice Mayor Potter called on Jay Miller, Baha'I Community of the Town of Vienna to provide the evening’s invocation Pledge of Allegiance to the Flag of the United States of America 1. Roll Call . Present: 5- Council Member Chuck Anderson, Council Member Ray Brill Jr., Council Member Nisha Patel, Council Member Steve Potter and Council Member Howard J. Springsteen Absent: 2- Council Member Ed Somers and Mayor Linda Colbert 2. Acceptance of the Minutes: 2. Acceptance of the Minutes: Aye: 5- Council Member Anderson, Council Member Brill, Council Member Patel, Council Member Potter and Council Member Springsteen Absent: 2- Council Member Somers and Mayor Colbert A. 22-3185 Acceptance of the Regular Council Meeting Minutes of May 11, 2022, May 16, 2022 and the Conference Session Minutes of May 9, 2022 Regular Council Meeting Minutes of May 11, 2022, May 16, 2022 and Conference Session Minutes of May 9, 2022 were accepted. Motion, Council Member Springsteen; second, Council Member Anderson. 3. Receipt of petitions and communications from the Public that are not on the Agenda. (Limited to 3 minutes per issue and no formal action can be taken this evening) Vice Mayor Potter opened the floor for comments from the public. Avril Garland, 917 Hillcrest Drive wished to discuss an issue related to the Town Code, specifically, Chapter 13, Article 2, Sections 7 and 8, Grass, Weeds and Other Foreign Growth. Ms. Garland stated that she has an ornamental garden surrounding a pond, however she received notice that she must cut the grasses to three inches. These ornamental grasses naturally grow well over the six-inch limit and should be exempt from the ordinance. She argues that these plantings are not weeds, but ornamental grasses grown for the purpose of beautification. Town of Vienna Page 1 Printed on 7/14/2022 Town Council Meeting Meeting Minutes June 6, 2022 A second issue has been the problem of gas powered equipment usage by lawn services on Sundays. Vice Mayor Potter requested information on the ornamental grasses so Council might better understand the issue and formulate a response. Council Member Springsteen urged Ms. Garland to contact the police regarding the noise issue. 4. Reports/Presentations A. 22-3124 Proclamation for Men’s Health Month and Men’s Health Week Vice Mayor Potter read aloud a proclamation naming June Men’s Health Month. A. Report and Inquiries of Council Members Council Member Anderson stated that he has sent all members his thoughts (along with those of Town Attorney Briglia) for assessing the budget process. The memo grew out of his belief that Council has been making major budget decisions at the end of the process, when these should be made at the outset and serve as the basis for all remaining budget discussion. He proposes an initial budget session where Council would combine suggestions made by Council Members Potter and Brill to develop five priorities and review the current budget looking at it as a whole, not at individual departments, assessing growth rate, tax revenues, and other major economic factors. This would provide Staff a template of where Council would like to see the budget go. He stressed that the memo is not a specific proposal but an idea to be discussed at a future conference session. Council Member Springsteen applauded the suggestion by Council Member Anderson. He further noted the departure of Deputy Director of Planning and Zoning, Mike D’Orazio who is leaving to serve the City of Alexandrea. He expressed appreciation for his past work and wished him good luck. Council Member Patel reiterated that the problem of hidden or illegible street signs continues to exist. She urged Staff once again, to address the issue by cutting back vegetation and replacing faded signage. She further reported on a conversation with the headmaster of Green Hedges School who expressed an openness for discussion regarding noise problems. Council Member Brill reminded Council of the 78th anniversary of D-Day. While it may be a distant memory, it is important to thank those who fought and gave their lives. It is also important to recognize the courage of President Volodymyr Zelenskyy as he moves among his troops rather than lead in seclusion. Finally, he wished to thank all involved with another successful Viva Vienna. Vice Mayor Potter also noted the importance of recognizing the anniversary of D-Day with thanks and appreciation. B. Report of the Town Manager Town Manager Payton commended Public Works staff for recovery of a resident cell phone in the Town sewer system. He called on Leslie Hermann, Director, Parks and Recreation, to provide an update on July 4th activities. Director Hermann stated that Zambelli’s Fireworks is unable Town of Vienna Page 2 Printed on 7/14/2022 Town Council Meeting Meeting Minutes June 6, 2022 to provide the traditional display on July 4th. Unable to secure another vendor, Director Hermann rescheduled the event with Zambelli’s for July 1st. The United States Navy Band will perform as planned. The event will kick off at 8:00 PM at Yeonas Park. Vice Mayor Potter thanked Director Hermann for her diligent work to reschedule this event. Town Manager Payton added his thanks to Deputy Director Mike D’Orazio and wished him the best in this next phase of his career. Town Attorney Briglia reflected on the service of John Schoeberlein, former Town Manager, who passed away on May 30, 2022. Notable achievements included raising the Town’s bond rating to AAA and overseeing the building of the police station, the Northside Property Yard, the Community Center and the Vienna Town Green. C. Report of the Mayor None D. Proposals for Additional Items to the Agenda None E. Closed Session Report - No Closed Session was held No report 5. Consent Agenda A motion was made to accept the consent agenda as presented. Motion, Council Member Patel; second, Council Member Springsteen. Motion passed unanimously. 5. Consent Agenda Aye: 5- Council Member Anderson, Council Member Brill, Council Member Patel, Council Member Potter and Council Member Springsteen Absent: 2- Council Member Somers and Mayor Colbert A. 22-3186 Appointment of Town Officials for Fiscal Year 2022-23 B. 22-3175 FY 2023 funding of contracts issued by other jurisdictions. C. 22-3176 FY 2023 funding and renewals of Town contracts D. 22-3108 Approval of payment to Tyler Technology for standard software maintenance agreement (SSMA) for Vienna Police Department. E. 22-3133 Set public hearing for Updating Chapter 25 - Historic Structures, Sites and Places - of the Town Code, specifically Sec. 25-8 - Presumptive qualification for registration Town of Vienna Page 3 Printed on 7/14/2022 Town Council Meeting Meeting Minutes June 6, 2022 F. 22-3062 In car video system replacement /upgrade. 6. Regular Business A. 22-3120 Request to Approve Study Contract for Parking Supply-and-Demand Study ..Body EXPLANATION AND SUMMARY: Staff requests approval to award Nelson/Nygaard Consulting Associates, Inc. for a parking supply-and-demand study up to $115,000 (see attachment 1). Procurement of this service will be through riding Metropolitan Washington Council of Governments Contract #21-089-TLC (see attachment #3). This parking study will assess parking in Vienna’s commercial corridors and provide strategies for parking improvements. A parking supply-and-demand study was a high-priority recommendation from the Town’s 2020 Multimodal Transportation Land-Use Study. It is also a final recommendation in the economic development strategy. Overall, the study will: · Create detailed recommendations regarding government-led initiatives for parking improvements and locations (e.g., parking facilities, parking management district, or shared parking contracts) · Identify strategies for the commercial corridor to use the parking supply more efficiently · Analyze existing and future parking supply and demand · Identify the Town’s administrative capacity, costs, and other steps necessary to implement strategies and recommendations The entire study effort will last approximately eight months and will include public engagement and presentations to Town Council and the Planning Commission. The Town is utilizing a local ridable contract to procure Nelson/Nygaard Consulting Associates, Inc. for this study. Nelson/Nygaard Consulting Associates, Inc. is currently a sub-consultant for DPZ’s Code Create effort and will utilize what is has currently learned about the Town for this parking study. This parking study will significantly expand the current Town parking review and provide a model for future demand, and detailed recommendations. It is also important to note the main difference between the parking study and current, related work through CodeCreate. The CodeCreate effort will update parking ratios Town of Vienna Page 4 Printed on 7/14/2022 Town Council Meeting Meeting Minutes June 6, 2022 for the required number of parking spaces, develop guidance for periodic parking ratio assessments and make recommendations on dimensional standards for parking spaces. The parking study will focus on evaluating the existing conditions in the commercial areas within Town, model future conditions, and provide recommendations to improve parking in the commercial areas. This study may include the evaluation of new parking facilities, current policies, and potential parking management programs. Award is recommended to be made in the amount of $114,825 to: Nelson/Nygaard Consulting Associates, Inc. 1222 22nd Street NW, Suite 200 Washington, DC 20037 Staff requests approval of expenditure for the contract amount: $114,825. Departmental Recommendation: Recommend award of the contract. Finance Recommendation: Recommend award of contract. Purchasing Recommendation: Recommend award of contract. Town Attorney Recommendation: The Town may ride the COG contract for the proposed contract for Parking Supply and Demand Study or solicit proposals in the discretion of the Town Council. Town Manager's Recommendation: I recommend the Town Council award the study contract for the Parking Supply and Demand Study to Nelson/Nygaard Consulting Associates, Inc., as presented. Cost and Financing: $115,000 Account Number: Project - 822PKST023, Account - 300-000-0000-39400-48009 Decision Needed by This date: June 06, 2022 PROPOSED/SUGGESTED MOTION Vice Mayor Potter recognized Andrew Jinks, Transportation Engineer, Public Works, to present the Item for consideration. The parking study will assess parking in Vienna’s commercial corridors and provide strategies for parking improvements. Vice Mayor Potter opened the floor for Council discussion. The following provides a summary of comments: • Question timing of the study as two unfinished parking facilities (Maple and Church St.) will impact the results; question overall need for additional parking in Town; • Question duplication of information gathered for Code Create; Town of Vienna Page 5 Printed on 7/14/2022 Town Council Meeting Meeting Minutes June 6, 2022 • Failed to mention review of 2008 Parking Study; • Question methodology, data collection, project design and time frame; • Have not received response to questions raised at March 31, 2022 meeting; • This study will inform writing of Zoning Code; purpose is to assist with parking minimums decisions for the future; • Assure that results will be available prior to completion of the Code Create. Staff will inform study principles of the following: • Shorten time frame; • Respond to concerns of March 31, 2022; • Target parking at peak times throughout day; • Review 2008 study for results and data collection methods. With no further discussion Vice Mayor Potter called for a motion. It was moved to award the study contract for the Parking Supply and Demand Study to Nelson/Nygaard Consulting Associates, Inc., in an amount not to exceed $115,000. Motion, Council Member Springsteen; second, Council Member Anderson. Motion passed unanimously. "I move to award the study contract for the Parking Supply and Demand Study to Nelson/Nygaard Consulting Associates, Inc., in an amount not to exceed $115,000. Or Other action deemed necessary by Council. Aye: 5- Council Member Anderson, Council Member Brill, Council Member Patel, Council Member Potter and Council Member Springsteen Absent: 2- Council Member Somers and Mayor Colbert B. 22-3171 Intent to Adopt Text Amendments Related to Outdoor Dining in Sections 18-72, 18-74, and 18-210 Vice Mayor Potter called on Mike D’Orazio, Deputy Director, Planning and Zoning to present the Item for consideration. This is the second reading of the Item. Vice Mayor Potter noted that language has been edited for clarity. Council Member Patel read aloud the revised text amendments. A motion was made to adopt the outdoor dining text amendments to Sections 18-72, 18-74, and 18-210 as approved at the May 11, 2022 meeting. It was further move to direct the Town Clerk to advertise the Notice of Adoption of the ordinance. Motion, Council Member Springsteen; second, Council Member Anderson. Motion passed unanimously. "I move to adopt the outdoor dining text amendments to Sections 18-72, 18-74, and 18-210 as approved at the May 11, 2022 meeting." And "I further move to direct the Town Clerk to advertise the Notice of Adoption of the ordinance." Or Town of Vienna Page 6 Printed on 7/14/2022 Town Council Meeting Meeting Minutes June 6, 2022 Other action deemed necessary by Council. Aye: 5- Council Member Anderson, Council Member Brill, Council Member Patel, Council Member Potter and Council Member Springsteen Absent: 2- Council Member Somers and Mayor Colbert 7. Meeting Adjournment Vice Mayor Potter called for a motion to adjourn. Motion, Council Member Springsteen; second, Council Member Patel. Meeting adjourned at 9:30 PM. THE TOWN OF VIENNA IS COMMITTED TO FULL COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT STANDARDS. TRANSLATION SERVICES, ASSISTANCE OR ACCOMMODATION REQUESTS FROM PERSONS WITH DISABILITIES ARE TO BE REQUESTED NOT LESS THAN 3 WORKING DAYS BEFORE THE DAY OF THE EVENT. PLEASE CALL (703) 255-6304, OR 711 VIRGINIA RELAY SERVICE FOR THE HEARING IMPAIRED. Town of Vienna Page 7 Printed on 7/14/2022

Agenda

Town of Vienna Charles A. Robinson Jr. Town Hall 127 Center Street South Vienna VA, 22180 Meeting Agenda Town Council Meeting Monday, June 6, 2022 8:00 PM Charles A. Robinson, Jr. Town Hall, 127 Center Street, South Invocation: Kelly Yazdani, Baha'I Community of the Town of Vienna Pledge of Allegiance to the Flag of the United States of America 1. Roll Call 2. Acceptance of the Minutes: A. 22-3185 Acceptance of the Regular Council Meeting Minutes of May 11, 2022, May 16, 2022 and the Conference Session Minutes of May 9, 2022 Attachments: #1.Draft Special Council Meeting-Joint Public Hearing with the Planning Commisison - 5-11-22 #2 Draft Council Meeting Minutes 5-16-2022 #3 Draft Conference Session Minutes 5-9-2022 3. Receipt of petitions and communications from the Public that are not on the Agenda. (Limited to 3 minutes per issue and no formal action can be taken this evening) 4. Reports/Presentations A. 22-3124 Proclamation for Men’s Health Month and Men’s Health Week A. Report and Inquiries of Council Members B. Report of the Town Manager C. Report of the Mayor D. Proposals for Additional Items to the Agenda E. Closed Session Report - No Closed Session was held 5. Consent Agenda A. 22-3186 Appointment of Town Officials for Fiscal Year 2022-23 Page 1 Printed on 5/31/2022 Town Council Meeting Meeting Agenda June 6, 2022 B. 22-3175 FY 2023 funding of contracts issued by other jurisdictions. Attachments: 1. Town Rideable Contract Extension & Approval of FY 22-23 Funding Consent Agenda Attachment 2. Regulatory Requirements for 22-3175 Agenda Items Rev 05-17-22 3. Rideable Contracts FY 22-23 C. 22-3176 FY 2023 funding and renewals of Town contracts Attachments: 1. Town Contracts FY 22-23 2. FY 22-23 Table of Town Contracts 3. Regulatory Requirements for 22-3176 Agenda Items Rev 05-18-22 D. 22-3108 Approval of payment to Tyler Technology for standard software maintenance agreement (SSMA) for Vienna Police Department. Attachments: #1 SSMA Tyler -New World #2 Regulatory Requirements #3 Request for waiver E. 22-3133 Set public hearing for Updating Chapter 25 - Historic Structures, Sites and Places - of the Town Code, specifically Sec. 25-8 - Presumptive qualification for registration Attachments: 1. Regulatory Requirements for Agenda Items - Set Public Hearing Chapter 25 - Historic Structures 5.16.22 2. Proposed Ordinance F. 22-3062 In car video system replacement /upgrade. Attachments: #1 Vienna Police Department Updated Quote #2 Axon Contract 010720 Sourcewell #3 Regulatory Requirements for Agenda Items #4 ARPA Request Form 6. Regular Business Page 2 Printed on 5/31/2022 Town Council Meeting Meeting Agenda June 6, 2022 A. 22-3120 Request to Approve Study Contract for Parking Supply-and-Demand Study ..Body EXPLANATION AND SUMMARY: Staff requests approval to award Nelson/Nygaard Consulting Associates, Inc. for a parking supply-and-demand study up to $115,000 (see attachment 1). Procurement of this service will be through riding Metropolitan Washington Council of Governments Contract #21-089-TLC (see attachment #3). This parking study will assess parking in Vienna’s commercial corridors and provide strategies for parking improvements. A parking supply-and-demand study was a high-priority recommendation from the Town’s 2020 Multimodal Transportation Land-Use Study. It is also a final recommendation in the economic development strategy. Overall, the study will: · Create detailed recommendations regarding government-led initiatives for parking improvements and locations (e.g., parking facilities, parking management district, or shared parking contracts) · Identify strategies for the commercial corridor to use the parking supply more efficiently · Analyze existing and future parking supply and demand · Identify the Town’s administrative capacity, costs, and other steps necessary to implement strategies and recommendations The entire study effort will last approximately eight months and will include public engagement and presentations to Town Council and the Planning Commission. The Town is utilizing a local ridable contract to procure Nelson/Nygaard Consulting Associates, Inc. for this study. Nelson/Nygaard Consulting Associates, Inc. is currently a sub-consultant for DPZ’s Code Create effort and will utilize what is has currently learned about the Town for this parking study. This parking study will significantly expand the current Town parking review and provide a model for future demand, and detailed recommendations. It is also important to note the main difference between the parking study and current, related work through CodeCreate. The CodeCreate effort will update parking ratios for the required number of parking spaces, develop guidance for periodic parking ratio assessments and make recommendations on dimensional standards for parking spaces. The parking study will focus on evaluating the existing conditions in the commercial Page 3 Printed on 5/31/2022 Town Council Meeting Meeting Agenda June 6, 2022 areas within Town, model future conditions, and provide recommendations to improve parking in the commercial areas. This study may include the evaluation of new parking facilities, current policies, and potential parking management programs. Award is recommended to be made in the amount of $114,825 to: Nelson/Nygaard Consulting Associates, Inc. 1222 22nd Street NW, Suite 200 Washington, DC 20037 Staff requests approval of expenditure for the contract amount: $114,825. Departmental Recommendation: Recommend award of the contract. Finance Recommendation: Recommend award of contract. Purchasing Recommendation: Recommend award of contract. Town Attorney Recommendation: The Town may ride the COG contract for the proposed contract for Parking Supply and Demand Study or solicit proposals in the discretion of the Town Council. Town Manager's Recommendation: I recommend the Town Council award the study contract for the Parking Supply and Demand Study to Nelson/Nygaard Consulting Associates, Inc., as presented. Cost and Financing: $115,000 Account Number: Project - 822PKST023, Account - 300-000-0000-39400-48009 Decision Needed by This date: June 06, 2022 PROPOSED/SUGGESTED MOTION Attachments: 1. Vienna Parking Study Proposal March 25 2022 2. Regulatory Requirements for Agenda Items 22-3120 3. MWCOG TLC On-Call Contract (Rideable Contract) B. 22-3171 Intent to Adopt Text Amendments Related to Outdoor Dining in Sections 18-72, 18-74, and 18-210 Attachments: 1. Approved Outdoor Dining Ordinance 5-11-22 2. Regulatory Requirements for Zoning Text Amendments 7. Meeting Adjournment Page 4 Printed on 5/31/2022 Town Council Meeting Meeting Agenda June 6, 2022 THE TOWN OF VIENNA IS COMMITTED TO FULL COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT STANDARDS. TRANSLATION SERVICES, ASSISTANCE OR ACCOMMODATION REQUESTS FROM PERSONS WITH DISABILITIES ARE TO BE REQUESTED NOT LESS THAN 3 WORKING DAYS BEFORE THE DAY OF THE EVENT. PLEASE CALL (703) 255-6304, OR 711 VIRGINIA RELAY SERVICE FOR THE HEARING IMPAIRED. Page 5 Printed on 5/31/2022

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