Town Council Meeting

Town of Vienna Charles A. Robinson Jr. Town Hall 127 Center Street South Vienna VA, 22180 Meeting Minutes Town Council Meeting Monday, November 14, 2022 8:00 PM Charles A. Robinson, Jr. Town Hall, 127 Center Street, South Invocation: Jay Miller, Baha'i Community of Vienna Mayor Colbert called on Jay Miller, Baha'i Community of Vienna to provide the evening’s invocation. Pledge of Allegiance to the Flag of the United States of America 1. Roll Call Present: 6- Council Member Ray Brill Jr., Council Member Nisha Patel, Council Member Steve Potter, Council Member Howard J. Springsteen, Council Member Ed Somers and Council Member Linda Colbert 2. Acceptance of the Minutes: A. 22-3476 Acceptance of the Regular Council meeting minutes of October 24, 2022, the Conference Session minutes of October 17, 2022 and the Special Conference Session Minutes of November 2, 2022. A motion was made that the Minutes be approved. The motion carried by the following vote: Aye: 4- Anderson, Council Member Brill, Council Member Springsteen and Council Member Somers Absent: 2- Council Member Patel and Council Member Potter 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) Mayor Colbert called for comments from the public. David Mineyard, 635 Tazewell Rd., NW spoke on the issue of citizenship. He remarked on a recent experience with the Town of Vienna Public Works crew. As they picked up leaf debris at his residence he offered breakfast, to which they declined. He also assisted by placing his personal leaf debris into the Town truck; an example to all his neighbors. It is his belief that as good citizens we should all be helping each other, because it is family that matters. AUDIO SKIPPED; NO FURTHER COMMENTS WERE AVAILABLE. AUDIO SKIPPED TO MID COMMENT FROM VIENNA RESIDENT A resident spoke on the subject of gas powered leaf blowers indicating that it is her responsibility to assure that her local taxes are spent well. Electric leaf blowers, although expensive, are an alternative to gas powered leaf blowers (a source of air and noise pollution). Consideration should be shown for the Town employees who must use this equipment. It is her recommendation that all gas powered leaf blowers be disposed of and replaced with electric. Town of Vienna Page 1 Printed on 12/28/2022 Town Council Meeting Meeting Minutes November 14, 2022 4. Reports/Presentations A. 22-3462 2022 Halloween Parade Awards Mayor Colbert called on Lily Widman, Special Events Coordinator and Peggy James, President, Vienna Business Association, to present the awards for the Halloween Parade. B. 22-3479 Proclamation for Small Business Saturday Mayor Colbert read into the record a proclamation designating November 26, 2022 as Small Business Saturday. A. Report and Inquiries of Council Members Council Member Springsteen noted the passing of Jack Lundin, a dedicated supporter of the local Boy Scouts of America. He also reminded Council of the annual Turkey Trot on Sunday, November 20, 2022. B. Report of the Town Manager Town Manager Payton called on Christine Horner, Acting Director, Public Works to report on Council Meeting relocations. Acting Director Horner shared that, due to elevator renovations over the next ten weeks, Regular and Conference Session Council meetings will be held in the Police Station Conference Room. C. Report of the Mayor Mayor Colbert thanked the Vienna Police Department for a successful Halloween Parade, and also recognized the Veterans Day celebration at Post 180. She further welcomed the new Principle for Madison High School, Rose Colbert. The November 11, 2022 opening of Court Tennis at the Vienna Country Club was attended by Prince Edward, Earl of Wessex. She wished everyone a Happy Thanksgiving and reminded all that the Church Street Stroll will be held the Monday, November 28, 2022. D. Proposals for Additional Items to the Agenda Mayor Colbert reported a conflict in the 2023 Council Calendar. The Regular Council meeting scheduled for October 9, 2023 directly conflicts with the 2023 meeting of the Virginia Municipal League. The proposed new Council calendar date is October 2, 2023 and will become Item E on tonight’s agenda. E. Closed Session Report It was moved that the members of the Vienna Town Council be polled to affirm that a Closed Session was held on November 14, 2022 in accordance with Virginia Code, for discussion or consideration of personnel matters specifically the interviewing of individuals for consideration of appointment and/or reappointment to Town Boards and Commissions. It was further moved that the Certification Resolution be adopted in accordance with State Statutes, and that the Town Clerk is authorized to execute the Town of Vienna Page 2 Printed on 12/28/2022 Town Council Meeting Meeting Minutes November 14, 2022 Certification Resolution. And it was further moved that the Closed Session be continued to Monday December 5, 2022 at 7:00 PM in accordance with Virginia Code, Section 2.2-3711.A.(1), for discussion or consideration of personnel matters, specifically the interviewing of individuals for consideration of appointment and/or reappointment to Town Boards and Commissions. Motion, Council Member Somers; second, Council Member Springsteen. Motion carried unanimously. It was moved to reappoint John O’Keefe to the Pedestrian Advisory Commission for a two-year term. Said term shall retroactively commence September 1, 2022 and expire September 1, 2024. Motion, Council Member Somers; second, Council Member Anderson. Motion carried unanimously. Council Member Patel joined the meeting at 8:30 PM. E. Closed Session Report 5. Public Hearings A. 22-3443 Public hearing on the Town’s 2023 Legislative Agenda Mayor Colbert called the first of two Public Hearings to order at 8:35 PM. All Council were present with the exception of Council Member Potter. Mayor Colbert called on Town Manager Briglia to present the Item for consideration. With no public input, Mayor Colbert called for a motion to close the Public Hearing. It was moved to close the public hearing. Motion, Council Member Springsteen; second Council Member Patel. Motion carried unanimously. Mayor Colbert opened the floor for comments from Council. Town Manager Payton indicated that the fiscal impact summary requested by Council Member Potter is attached to tonight’s agenda. Council Member Potter joined the meeting at 8:35 PM. Council comments are summarized as follows: • Identify five critical issues labeled Priorities; include remaining issues on list labeled “Positions”; positions list will allow new delegates to see what Vienna stands for; potential exists for one or more of the position issues to align with delegates’ personal objectives; • Other jurisdictions may potentially support an item on the full list and collaboratively may garner support from delegate; • Suggest that Council adopt method for ranking items on legislative agenda; • There can be no ambiguity on any item included on the agenda; • Items #2 and #17 on the Town of Vienna 2023 Legislative Agenda reflect the Town’s position on increasing tree canopy; Senator Peterson stated support for the issue; language should be included that allows local municipalities to retain local control over tree canopy and conservation; • Propose adding language “Local municipalities should also have the right to Town of Vienna Page 3 Printed on 12/28/2022 Town Council Meeting Meeting Minutes November 14, 2022 credit tree planting toward storm water runoff requirements”; Caution that tree canopy may or may not be tied to State Best Management Practices (BMP) for storm water management; Inclusion of language may flag item for review by study commission; • State has created task force to study use of trees as BMP; no results yet but would allow for the proposed language; • Objection to restrictive or penalizing language. With no further comments Mayor Colbert called for a motion. It was moved, with respect to Item #2, to adopt the following; eliminate language “such provisions may include the following” and “ABCD” to be replaced by “local municipalities should also have the right to credit tree planting toward storm water runoff requirements”. Motion, Council member Anderson; second, Council Member Springsteen. Council Member Patel offered an amendment as follows: The Town of Vienna supports legislation that would allow local governments to impose additional requirements beyond the state minimums regarding tree canopy maintenances replacement requirements as set forth in current Virginia Code Sections 15.2-961 and 15.2-961.1. In addition, local municipalities should have the right to put in place laws to protect trees that are notable for their species, age, size, beauty, or other special significance as part of a tree canopy ordinance. Given the vital role that trees play in the protecting our urban environments, and their contributions to the local look and feel of neighborhoods, decisions over tree policies should be determined at the local level, reflecting the wishes of the local residents. Such provisions may include the following: a. Meeting tree canopy requirements in fewer years; b. Allow localities to impose a bond to ensure trees planted as part of an approved tree canopy plan are preserved a minimum number of years. Second, Mayor Colbert. Motion on amendment failed in a 4-3 vote. Mayor Colbert called for a vote on the original motion. Motion passed in a 5-2 vote. With no further discussion Mayor Colbert called for a motion on the Item. A motion was made to approve the 2023 Town of Vienna legislative agenda with the following modifications: approved language modifications for Item #2 as well as remaining Items prioritized by Council, with Items #1-#5 ranked in order of importance by Council and Items #6-#16 listed as positions held by the Town of Vienna. Motion, Council Member Patel; second, Council Member Anderson. Motion carried unanimously. "I move to close the public hearing." "I move to approve the 2023 Town of Vienna Legislative Agenda as proposed." "I further move to direct the Town Clerk to advertise a Notice of Intent to Adopt." Or Other action deemed necessary by Council. Aye: 7- Anderson, Council Member Brill, Council Member Patel, Council Member Potter, Council Member Springsteen, Council Member Somers and Council Member Colbert Town of Vienna Page 4 Printed on 12/28/2022 Town Council Meeting Meeting Minutes November 14, 2022 B. 22-3466 Continuation of the Public hearing on, and Town Council consideration of, a requested change to the zoning map for a single parcel with 12 existing condominium units; and a related request for modifications of site plan requirements for lot coverage, front yard setback, rear yard setback, and minimum lot area. The parcel is 127-133 Park St., NE (Tax ID #s 0382-52-0001, 0002, 0003, 0004,005,006, 0007, 0008, 0009, 0010, 0011, and 0012) in the T Transitional zoning district. Requested zoning is RM-2 Multifamily, Low Density. Mayor Colbert called the second Public Hearing to order at 9:25 PM, a continuation of the Public Hearing of October 24, 2022. All Council were present. Council Member Somers recused himself from the hearing and subsequent discussion due to familiarity with the applicants. Mayor Colbert recognized David Levy, Director of Planning and Zoning to review the Item. Mayor Colbert called for comments from the public. Nash Cook, 135 Park St., NE. opened his remarks by extending thanks to Town Attorney Briglia for his assistance in seeking a solution to his concerns. It is Mr. Cooks intent to retain the property at 135 Park St., as it is his family home. This leads to his concerns. His grandfather developed the Vienna Courts property and most certainly did not foresee a redevelopment, especially so close to his family home. However, despite the size, scale and proximity of the redevelopment, Mr. Cook is in full agreement with the project. The developer has done an incredible job making the proposal as tasteful as possible. But there remains the issue of proximity to his home. After speaking with the developer, together they reached a mutually beneficial solution. What is important to present to Council tonight is how to make this solution a reality. The idea is to extend the existing brick wall across the property to Park St. While this represents a compromise of several additional feet for the builder, it makes a world of difference for his family. Mr. Cook is asking Council for assurance that future discussion of this project will include the fully extended wall as part of the content. Brian Goldberg, 216 Park St., NE wished to express disappointment that there appears to be an appetite for developers to propose projects that the Town doesn’t really need or want. This project will just add density to the street. The question is why this is a priority for the Town. His greatest concern is what will happen when other projects come along requesting zoning changes; it is a slippery slope where every project becomes a blueprint for the next. These decisions should be driven by the Town Vision, not by the developer’s ambition. Dave Mineyard, 635 Tazewell Rd., NW stated that before the Town allows builders to come in [and make zoning changes], it should be remembered that there are many trusted business owners who have been around awhile. The Town of Vienna needs to acknowledge that when changes are made, it effects those existing businesses. These decisions are changing residents lives. Zoning changes should include consideration of residents’ heart; they matter first. Nancy Teal, 10013 Coach Rd, chose to speak as a voice in favor of the project. As she grows older, she has begun to think about downsizing and would like to stay in Vienna. She envisions this development as a future home and is thrilled that it is Town of Vienna Page 5 Printed on 12/28/2022 Town Council Meeting Meeting Minutes November 14, 2022 under consideration. Mariann Larkins, 317 Church St. wished to provide support for Mr. Cook. If his request will improve he and his family’s life, then she hopes it will be approved by Council. With no further comments from the public it was moved to close the public hearing. Motion, Council Member Patel; second, Council Member Springsteen. Motion carried unanimously. Mayor Colbert opened the floor to Council discussion. Patti Hanley, 333 West St. and Steve Bukont, 921 Glendon St., SE were present to respond. Comments are summarized as follows: • Privacy wall extension achieved through reconfiguration of three buildings; will formalize agreement with homeowner; • Any agreement must be reviewed for zoning modifications; must be incorporated into concept plan which becomes part of proffer; recommend language change from “a portion of the wall must remain” to “the wall will remain”; Town Code 18-171 contains specific references for decorative and retaining walls; • Plan appears dense; urge greater distance between buildings; • Design predicated on additional parking; retaining two stories above grade; expanded garages; visual impression of residential home; greater distance would sacrifice this; • Lot coverage remains concern; prior two approvals by Council limited developers to 60% maximum lot coverage-current plan asks for 66.8%; concern this will become new norm; • Possible to lower lot coverage through stacking units, eliminating the green energy initiative; eliminating a building (resulting in larger, more expensive units overall), eliminating undergrounding utilities, eliminating parking (eliminating 13 spaces would reduce lot coverage by 4.5%-shorter drive aisle 1%); • Urge Council to assess project in totality; current lot coverage percentage based on statutes from the 1950’s-60’s (designed to discourage multifamily development); other jurisdictions allow 70% for multifamily development. Following a brief break Mayor Colbert indicated that a verbal agreement had been reached between the applicant and the Town as follows: • Number of units to be reduced from 26 to 24; • Buildings 12 and 13 will be reduced to a maximum size equivalent to building 3; • Lot coverage will be reduced to 61.5%; • Green energy package will become a goal but not a proffer; • Guest parking will be reduced to proportional with number of units; • Undergrounding of utilities will remain in proffer; • Privacy wall be added to proffer. The compromise failed to address building spacing, a concern voiced by one Council Member. It was moved to postpone the final vote on Item # 22-3466 until the December 5, 2022 Town Council meeting. Motion, Council Member Anderson; second, Council Member Potter. Motion carried unanimously. A motion was made by Anderson, seconded by Council Member Potter, that the Action Item be postponed. The motion carried by the following vote: Town of Vienna Page 6 Printed on 12/28/2022 Town Council Meeting Meeting Minutes November 14, 2022 Aye: 6- Anderson, Council Member Brill, Council Member Patel, Council Member Potter, Council Member Springsteen and Council Member Colbert Recused: 1- Council Member Somers 6. Regular Business A. 22-3459 Consideration to Initiate Final Design of Robinson Trust Sidewalk Projects with Urban, Ltd. Mayor Colbert called on Christine Horner, Acting Director Public Works, to present the Item. The following summarizes responses to Council concerns: • Based upon concept plan and advice from arborist, mitigation decisions will be made for all retained trees; • Sprinkler systems in Right of Way would have required a permit that was not likely granted by Public Works; • Inclusion of DeSale St., NW, Melody Ln, SW, and Orrin St., SE evolved from the recent decision by Council to make sidewalk decisions based upon recommendation by Engineer, with an eye toward completing a network; • Belief that sidewalks do not belong to any one group of residents, they belong to the public at large; decision to install sidewalks on both sides of street made years ago when easements were granted; currently fulfilling a promise made by predecessors. With no further comments, Mayor Colbert called for a motion. It was moved to authorize the Town Manager to apply to the Maud Robinson Trust for final design of sidewalk projects on the following streets: Desale St NW, Melody Ln SW, Delano Dr SE, Orrin St SE, Tazewell Rd NW, and Pleasant St NW for the amount of $225,900. Motion, Council Member Anderson; second, Council Member Somers. Motion carried in a 6-1 vote. A motion was made by Anderson, seconded by Council Member Somers, that the Action Item be approve. The motion carried by the following vote: Aye: 6- Anderson, Council Member Brill, Council Member Potter, Council Member Springsteen, Council Member Somers and Council Member Colbert Nay: 1- Council Member Patel B. 22-3458 Request approval of final plat for subdivision of 204 Courthouse Road SW, into two lots, on property located in the RS-10, Single-Family Detached Residential zone. Mayor Colbert welcomed Conner Sekas, applicant, to present the Item for consideration. David Levy, Director, Planning and Zoning provided additional information for Council discussion. Council concerns and comments are summarized as follows: • April 25, 2022 request to approve a boundary line adjustment of two lots not within the same subdivision, 200 and 204 Courthouse Road SW, was passed. Concern was expressed that this action was not considered simultaneously with the subdivision of lot 204; these homes represent an assemblage as all three will be built Town of Vienna Page 7 Printed on 12/28/2022 Town Council Meeting Meeting Minutes November 14, 2022 simultaneously; • Due to lot line adjustment, driveway of lot 200 directs into intersection of Lawyers Rd., Locust St., and Old Courthouse Rd.- a significant safety issue; • Consideration of all three lots together as a subdivision would have allowed for resolution of this problem at an earlier stage in the process; • No mention by applicant at April meeting of impact from lot line adjustment; • Curb cuts and driveway of lot 200 installed without approval from Planning and Zoning; • As per Town Code, lot line adjustment is considered a legal avenue for dealing with two lots; • Applicant received no notice from Town of wrongdoing; • Will elevate form over substance if support legality of lot line adjustment; • Applicant offered to move driveway; Public Works will work with applicant to determine best alternatives; • Driveway locations for subdivided lots of 204 will be determined by Engineer; Public Works will assure requirements are met. With no further comments, Mayor Colbert called for a motion. It was moved to approve the proposed final plat for a two-lot subdivision of 204 Courthouse Road SW. Motion, Council Member Patel. Motion failed in a 5-2 vote. A motion was made by Council Member Patel that the Action Item be approved The motion failed by the following vote: Aye: 2- Council Member Patel and Council Member Colbert Nay: 5- Anderson, Council Member Brill, Council Member Potter, Council Member Springsteen and Council Member Somers C. 22-3460 Request approval for spending $102,315.30 with Arthur Construction Co., Inc. for construction of Robinson Trust Sidewalk Projects. Mayor Colbert once again called on Christine Horner, Director, Public Works to present the Item for consideration. A motion was made to approve the spending of $102,315.30 with Arthur Construction Co., Inc for construction of sidewalk improvements for the Timber Lane, SW project as described. Motion, Council Member Springsteen; second, Council Member Anderson. Motion carried unanimously. A motion was made by Council Member Springsteen, seconded by Anderson, that the Action Item be approve. The motion carried by the following vote: Aye: 7- Anderson, Council Member Brill, Council Member Patel, Council Member Potter, Council Member Springsteen, Council Member Somers and Council Member Colbert D. 22-3461 Request approval to conduct an Annex Long-Term Use Study with Kimmel Bogrette Architecture + Site Mayor Colbert recognized Leslie Hermann, Director, Parks and Recreation to present the Item for Council consideration. A motion was made to approve spending in the amount of $92,500 with Kimmel Bogrette Architecture + Site for the Annex Long-Term Use Study utilizing RFP 23-05. Town of Vienna Page 8 Printed on 12/28/2022 Town Council Meeting Meeting Minutes November 14, 2022 Motion, Council Member Patel; second, Council Member Anderson. Motion carried unanimously. A motion was made by Council Member Patel, seconded by Anderson, that the Action Item be approve. The motion carried by the following vote: Aye: 7- Anderson, Council Member Brill, Council Member Patel, Council Member Potter, Council Member Springsteen, Council Member Somers and Council Member Colbert E. 22-3517 Amend the 2023 Town Calendar by Moving the October 9, 2023 Council Meeting to October 2, 2023. Mayor Colbert explained the request to change 2023 Town Council meeting calendar due to a conflict with the 2023 Virginia Municipal League conference. It was moved to change the Town Council Meeting originally scheduled for October 9, 2023 to October 2, 2023. A motion was made by Council Member Patel, seconded by Council Member Springsteen, that the Action Item be approved. The motion carried by the following vote: Aye: 7- Anderson, Council Member Brill, Council Member Patel, Council Member Potter, Council Member Springsteen, Council Member Somers and Council Member Colbert 7. Meeting Adjournment Mayor Colbert called for a motion to adjourn the meeting at 12:05 AM. Motion, Council Member Pate; second, Council Member Springsteen. 7. Meeting Adjournment Aye: 7- Anderson, Council Member Brill, Council Member Patel, Council Member Potter, Council Member Springsteen, Council Member Somers and Council Member Colbert 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 9 Printed on 12/28/2022