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, March 20, 2023 8:00 PM Charles Robinson Jr. Town Hall, 127 Center St. South Invocation: Reverend Brenda Burns, Vienna Assembly of God Mayor Colbert called on Reverend Brenda Burns, Vienna Assembly of God to provide the invocation. Pledge of Allegiance to the Flag of the United States of America 1. Roll Call Present: 6- Council Member Chuck Anderson, Council Member Ray Brill Jr., Council Member Nisha Patel, Council Member Steve Potter, Council Member Howard J. Springsteen and Council Member Linda Colbert Absent: 1- Council Member Ed Somers 2. Acceptance of the Minutes: A. 23-3673 Acceptance of the Regular Council Meeting Minutes of February 27, 2023 and March 6, 2023 and the Conference Session Minutes of February 13, 2023, February 27, 2023 and March 6, 2023. Mayor Colbert called for acceptance of the Regular Council Meeting Minutes of February 27, 2023 and March 6, 2023 and the Conference Session Minutes of February 13, 2023, February 27, 2023 and March 6, 2023. Minutes were accepted as presented. A motion was made that the Minutes be accepted. The motion carried by the following vote: Aye: 5- Council Member Anderson, Council Member Brill, Council Member Patel, Council Member Potter and Council Member Colbert Absent: 1- Council Member Somers Abstain: 1- Council Member Springsteen 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 opened the floor for comments from the Public. Ken Britz, Chairman Vienna Arts Society (VAS) Advisory Board, formally presented the Take a Seat Vienna bench project – 2023. Many remember the success of the 2019 VAS bench project thanks to Mayor Linda Colbert; Mercury Payton, Town Manager; Leslie Herman, Director, Parks and Recreation; Director, Planning and Zoning and all Staff. Their current enthusiasm and support, along with forty sponsors, have helped to allow for a repeat of the project for 2023. Sponsorship has come from many Town of Vienna Page 1 Printed on 4/11/2023 Town Council Meeting Meeting Minutes March 20, 2023 businesses in Town and the Vienna Business Association, as well as many service organizations such as the Optimists, the American Legion and the Lions Club. Benches will be installed on April 28, 2023 and remain on display until October 23, 2023. On November 11. 2023 the VAS, under the auspices of the Parks and Recreation Department, will hold a live auction at the Vienna Community Center. At time of installation there will be sponsor store front posters as well as a brochure with details and a location map. Sheila McLean, 416 Millwood Ct., SW and Nancy Logan, 410 Millwood Ct., SW, speaking on behalf of the residents along Millwood Ct., SW. Ms.’s McLean and Logan respectfully request that the Town Council consider and support a petition to allow only permanent parking along Millwood Ct., SW between the hours of 7:00 AM and 6:30 PM in compliance with Section 9-12.3.1.1a of the Town of Vienna Code, parking prohibited on certain residential streets. The reason behind the petition is that current levels of nonresident parking with occupants elsewhere exceeds qualifying criteria in the ordinance. In addition to the Sunrise Assisted Living construction workers, there are staff from the Purple Onion and a nearby dental office that are parking on Millwood Ct. leaving no place to park for residents. They frequently block mailboxes, fire hydrants, intersections at Liberty Lane, including stop signs, and corner crosswalks. This is dangerous for vehicles and pedestrians alike. There are a number of hairpin turns along Glen Avenue and Roland. It’s been a very difficult situation. The fundamental parking ordinance is upheld by Police when called, but it’s difficult because the fines aren’t adequate as a deterrent. The Police should not be required to spend all their time on Millwood Ct. This once quiet neighborhood has become chaotic. Implementing parking restrictions will promote the health, safety and welfare of both the commercial and residential community. Avril Garland, 917 Hillcrest Dr. Ms. Garland expressed her support for the previous speakers. Opposite Marshall Rd. there is a little cul-de-sac where public parking is not allowed, only residents of that street [similar to the previous recommendation]. Relative to the sidewalk project, Ms. Garland raised the question to Council of how many trees they were willing to sacrifice on one street, for the installation of a sidewalk. As an example, the Melody Lane project sacrificed four to six trees. On Hillcrest Dr. one side installation will sacrifice twenty-six for a half mile stretch of sidewalk. The sidewalk project is a very emotional issue as stated by Council. Why not include an effected resident [in the decision-making process]? 4. Reports/Presentations A. 23-3655 Geographic Information System Mapping (ArcGIS) Presentation Mayor Colbert called on Tony Mull, Director, IT to present the Item. The Town of Vienna has used Geographic Information System Mapping (GIS) since 2010. GIS is a mapping application that offers advanced features and flexibility to collect data, offer analytics, and provide a visual map, dashboard, app, and reports. The Town’s GIS is primarily used by the Planning and Zoning and Public Works departments. The Finance, Parks and Recreation, and Police departments have also used GIS or other mapping applications for internal use to add documentation or reporting. Matthew DiFiore, Owaissa Ct. noted that while the Town uses GIS, it is a cross Town of Vienna Page 2 Printed on 4/11/2023 Town Council Meeting Meeting Minutes March 20, 2023 coding function within the Town, operated in silos. Most of the data is likely saved on spreadsheets. However, these can be integrated so that what is going on the spreadsheet can provide a visual representation. The Town has completed studies that indicate the streets are in pretty bad condition. All streets in the Town should be on a GIS map so that residents can see which streets are bad. When those streets are repaired the map changes to represent this. There is an opportunity to use this technology but it will take Councils desire to create a crosscutting capability. Maybe, when hiring new managers, etc. GIS knowledge might become a necessary skill. A. Report and Inquiries of Council Members Mayor Colbert open the floor for comments from Council. Council Member Patel noted that she has investigated the process for acquiring additional streetlights in Town. The first step involves securing signatures of street residents. This petition is then submitted to Christine Horner, Acting Director, Public Works, who forwards it to Fairfax County. The County makes the final decision and provides the funds for completion. Additionally, Council Member Patel requested a place on an upcoming agenda for consideration of the noise ordinance. Council Member Springsteen requested the timeline for resident submission of a petition for parking restrictions. Chief Morris stated that once the petition is submitted to Council, Council directs the Police to conduct a parking study (traffic division completes a physical count and compares this to the Town Code through consultation with Planning and Zoning staff). Following a public hearing and consideration by Council a final decision is made. Mayor Colbert noted that she will reach out to Council for input on the specific issue brought before Council tonight. If there is consensus, she will contact Chief Morris to conduct a parking study. Council Member Springsteen also wanted to assure that Public Works Staff consider the suggestion presented through email by a resident for saving trees when installing sidewalks. Council Member Brill voiced appreciation for the presentation by Sheila McLean and Nancy Logan earlier this evening. Inclusion of photographs was excellent and increased understanding. He also supported the use of GIS for identification of needed street work. B. Report of the Town Manager Town Manager Payton commented on the process outlined by Council Member Patel for streetlight requests. The petition need only include signatures from the four homeowners on each corner of the intersection where the streetlight is to be located. Town Manager Payton also noted that the noise ordinance will be tentatively added to the Town Council agenda of April 17, 2023. C. Report of the Mayor Mayor Colbert noted that the Annex Questionnaire (to help evaluate potential long-term uses for the Annex Property at 301 Center Street S) is available online and will be open through May 1, 2023. Further, residents are encouraged to share their thoughts about the Annex at a community workshop on Tuesday, March 28, 2023, Town of Vienna Page 3 Printed on 4/11/2023 Town Council Meeting Meeting Minutes March 20, 2023 from 6:30-8:30 p.m. in the Vienna Police Department Community Room, 215 Center St. S. The Mayor’s Fitness Challenge is currently underway and Mayor Colbert encourages all to participate. D. Proposals for Additional Items to the Agenda None 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 March 20, 2023 in accordance with Virginia Code, Section 2.2-3711.A.(1), for discussion or consideration of personnel matters, specifically the yearly evaluation of the Town Manager. 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 Certification Resolution. And it was further moved that the Closed Session be continued to Monday April 10, 2023 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 Potter; second, Council Member Springsteen. Motion carried unanimously. A motion was made by Council Member Steve Potter, seconded by Council Member Chuck Anderson, that this was approve. The motion carried by the following vote: Aye: 6- Council Member Anderson, Council Member Brill, Council Member Patel, Council Member Potter, Council Member Springsteen and Council Member Colbert Absent: 1- Council Member Somers 5. Public Hearings A. 23-3671 Public Hearing to consider alley vacation of 235 Lawyers Rd., NW Mayor Colbert called the Public Hearing to order at 8:32 PM with all Council present, with exception of Council Member Somers. Town Manager Payton recognized Arlene Pripeton, 10195 Main St, Fairfax VA, Council for the petitioners, Lee and Polly Ritter. The applicants have owned the adjoining property for the last twenty-eight years and have been the sole users of the alley for that twenty-eight years. Their property has a carriage house adjacent to the home and the alley is the only access available for the carriage house. The Ritter’s are asking for permission to purchase a portion of the alley. The residents of 131 Wilmar Pl., NW (directly across the alley) have indicated a willingness to sell the Ritter’s their seven and one-half feet of alley. The additional space is needed due to the situation if the apron. A full fifteen feet is required to access the roadway. The Ritter’s are asking that the indicated portion of the alley be vacated and that they be granted right to purchase. Town of Vienna Page 4 Printed on 4/11/2023 Town Council Meeting Meeting Minutes March 20, 2023 The adjoining neighbors at 135 Wilmar Pl. NW have filed an objection to this application. The property owner has previously purchased the portion of alley behind 135 Wilmar Pl. NW. Council Member Springsteen voiced his approval. Town Attorney reminded Council that alley vacation, by statute, requires offering each adjoining property owner an option to purchase. The general public is restricted from purchasing. Should the property owner choose not to purchase then the parcel is offered to remaining property owners that abut the alley portion under consideration. David Levy, Director, Planning and Zoning, indicated that the lot shape factor did not come in to play because there are no other options available for this piece of alley. It is the Town’ policy to not create orphan lots (nonconforming lots). Consequently, if the alley creates an odd lot, it is preferable to put the property into the hands of the adjoining property owners. Council Member Potter noted that this application appears to differ from the last request because it presents as more of a consolidation, requiring a boundary adjustment (creating a new parcel). This action will expand the property square footage with the potential for adding a second single family home (Concern triggered by the Fairfax County report that indicates land use as “two or more single family detached"). David Levy, Director, Planning and Zoning, replied that the Vienna Town Code takes precedence. Two single family homes cannot be built on a single lot unless the property owner subdivides the lot. Town Attorney Briglia stated that the lot under consideration is located in one of Vienna’s old subdivisions. All these lots are considered nonconforming under today’s Code. Today the Town would require a consolidation for any properties of more than one lot. Today when new residences are built on the properties in this subdivision a consolidation is required in order to bring them into conformance. The lots under consideration equate to approximately 16,000 square feet in a RS10 Zone. With the requested alley purchase the property will still not reach the upper limit of 20,000 square feet, so will not be subdividable. Council Member Potter indicated that there are other consolidations along the alleyway, with four adjusted boundary lines. These have been merged together to create a new parcel with a new designation. Town Attorney Briglia agreed that this is true. It represents a consolidation of all the sub lots plus the vacated right of way. Council Member Potter stressed that this particular instance appears different than the previous applications. By consolidating, the lot becomes substantially larger and in his opinion that was not the thought process of Council when they approved the process of applying a one-third value onto an alley. Council Member Patel noted that when the owners of 135 Wilmar Pl, NW purchased the alley portion abutting their property Council devised a formula for establishing a fair value of the saleable alley. It was agreed that the formula should be applied consistently to all future vacations. She requested confirmation that this formula Town of Vienna Page 5 Printed on 4/11/2023 Town Council Meeting Meeting Minutes March 20, 2023 was applied to calculate the dollar figure for the purchase. David Levy, Director, Planning and Zoning confirmed that it was. Attorney Pripeton added that the total purchase price was calculated using the new tax assessment. Council Member Anderson remarked that the Item under consideration is the purchase of this portion of alleyway only which will leave the Town with a small portion of vacated alley property on the opposite end of the alley. This will create an island which the Town will be required to maintain. Town Attorney Briglia agreed and further stated that the Town retains temporary right-of-access to allow for maintenance. Attorney Pripeton noted that her client has received an easement agreement and they are willing to sign. Leonard Ritter, 235 Lawyers Rd. stated that the owners of the property abutting this portion of alley have stated a desire to purchase at some point in time, otherwise Mr. Ritter would have included it in the current purchase. Mayor Colbert called on the public for comment. Cynthia Pettoruto, 135 Wilmar Pl, NW indicated that they were never contacted with a request to either purchase the portion of alley under consideration nor waive their right to buy. She indicated that they do not waive their right because this alley portion represents the only access from back yard to Lawyers Rd. where there exists a sidewalk. Currently they use the alley as a route to Lawyers Rd. for bicycling and for landscaper access to their home. She stated that the addition of this alley portion to the property at 235 Lawyers Rd represents back parking for rental property only. Council Member Springsteen noted that, as they are building a new home, a sidewalk along Wilmar, will be required. David Levy, Director, Planning and Zoning clarified that as there are future projects planned for Wilmar Pl, NW the sidewalk money will be escrowed until these project are complete. A sidewalk will be installed at that time. Council Member Patel questioned access by sidewalk to Lawyers Rd. Ms. Pettoruto noted that there is no sidewalk on Wilmar. Council Member Patel further indicated that the Pettoruto’s were not given an opportunity to purchase the alley portion under consideration because their property does not abut. Ms. Pettoruto noted that with their previous alley purchase, their property does abut. Francis Bordelon, 114 Ayr Hill Ave., NW stated that he is the owner of the property at 114 Ayr Hill Ave., NW and he supports the application under consideration. A motion was made to close the public hearing. Motion, Council Member Patel; second Council Member Anderson. Motion carried unanimously. Town of Vienna Page 6 Printed on 4/11/2023 Town Council Meeting Meeting Minutes March 20, 2023 Mayor Colbert called on Council for further discussion. Comments included the following: • Must use the adopted formula; • Must be consistent with application of formula; • Concerned about creation of island; Applicants indicate continued interest in purchase of island if abutting property owners do not purchase. A motion was made to approve the Ordinance to Vacate the portion of the public alley adjacent to 235 Lawyers Rd., NW, as identified in the petitioner’s plat, and condition upon payment of $12,340 from Leonard and Polly Ritter for the vacated portion, and submission by petitioners of a deed of consolidation, and further authorize the Mayor to execute the necessary documents. Motion, Council Member Patel; second, Council Member Springsteen. Motion carried unanimously. 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: 6- Council Member Anderson, Council Member Brill, Council Member Patel, Council Member Potter, Council Member Springsteen and Council Member Colbert Absent: 1- Council Member Somers 6. Consent Agenda Mayor Colbert called for requests to remove Items from the Consent Agenda. Hearing none a motion was made to approve Items A through F of the Consent Agenda. Motion, Council Member Patel; second, Council Member Springsteen. Motion carried unanimously. A. 23-3664 Request to Set a Public Hearing for April 10, 2023 regarding the FY2023-24 Operating Budget B. 23-3665 Request to set a public hearing for April 10, 2023 regarding FY2023-24 water and sewer rates C. 23-3666 Request to set a public hearing for April 24, 2023 regarding the FY2023-24 real estate tax rate D. 23-3667 Approve Spending Increase for Final Settlement with Hoar Construction for Police Station Construction E. 23-3657 Recommend approval to add 307 Windover Ave., NW to the Town of Vienna Historic Property Register. F. 23-3650 Resolution Affirming Commitment to Fund the Locality Share of Projects under Agreement with the Virginia Department of Transportation and Provide Signature Authority Town of Vienna Page 7 Printed on 4/11/2023 Town Council Meeting Meeting Minutes March 20, 2023 7. Regular Business A. 23-3660 Approval of the Vienna Public Art Commission Master Plan Mayor Colbert called on Debra Kennedy, 203 Prescott Circle, SE; Midge Biles, 108 Oak St., SW and Mike Cheselka, 317 Cabin Rd., SE to present the Item for consideration. A time will be arranged for Council to observe the Harmony Park bells. A motion was made to approve the Vienna Public Art Commission Master Plan. Motion, Council Member Patel; second, Council Member Springteen. Motion carried unanimously. Mayor Colbert called for a break at 9:10 PM. Council resumed at 9:17 PM. 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: 5- Council Member Anderson, Council Member Brill, Council Member Patel, Council Member Springsteen and Council Member Colbert Absent: 2- Council Member Potter and Council Member Somers B. 23-3659 Request approval for spending $600,000 with LSG Landscape for Maple Avenue & Church Street Streetscape Project improvements Mayor Colbert recognized Leslie Herman, Director, Parks and Recreation to present the Item for consideration by Council. Also present was Jeremy Edwards, Parks Maintenance Superintendent. Comments by Council are summarized as follows: • Council expressed confusion regarding request – unclear what is to be approved; • Should present as request for contract approval of $85,000 for design; an RFP should be submitted separately for installation (to include three bids); • Three bids received for combined design and build in order to allow installation for upcoming summer months; Separate bidding processes will not allow for 2023 installation; • Current request represents a “phased contract” with recipient – cannot lock down installation costs until design phase is complete; • Irrigation is not in contract – Maple Avenue has irrigation in place, Church Street does not have irrigation; • If approved as is with price is locked in, contracted company can provide any quantity or quality of product; Not a sound business practice – lose leverage; • If “not to exceed” contract the total is locked in; Superintendent knows industry standard costs – able to recognize overcharging; “Not to exceed” does not negate RFP; • Contract language integrates designer into installation process – this contract will provide most bang for buck; Contractor will not risk reputation; • Project evolved over time; Decision made that project was too broad to incorporate into one; RFP sent out as concept request, narrowed submissions to three, interviewed two, selected one who was asked to address specifics. Town Attorney Briglia indicated that the information currently under consideration Town of Vienna Page 8 Printed on 4/11/2023 Town Council Meeting Meeting Minutes March 20, 2023 was not included in the attachments available in Granicus. As such, he has not reviewed. He is unable to provide legal advice on any document that has not been previously reviewed. Mayor Colbert recommended postponing further discussion of the Item until April 10, 2023. A motion was made to postpone Agenda Item 23-3659, with addition of requested information, to the Town Council meeting of April 10, 2023. Motion, Council Member Patel; second, Council Member Anderson. Motion carried unanimously. C. 23-3652 Transportation Safety Commission (TSC) motion for Echols Street, SE traffic calming A motion was made to defer Item 23-3652 Transportation Safety Commission (TSC) motion for Echols Street, SE traffic calming to a future Council meeting; date to be determined. Motion, Council Member Potter; second, Council Member Patel. Motion carried unanimously. A motion was made by Council Member Potter, seconded by Council Member Patel, that the Action Item be postponed. The motion carried by the following vote: Aye: 6- Council Member Anderson, Council Member Brill, Council Member Patel, Council Member Potter, Council Member Springsteen and Council Member Colbert Absent: 1- Council Member Somers D. 23-3651 Award a Design Contract to Urban, LTD for Glen Avenue, SW sidewalk project as approved in 2022 CIP. Mayor Colbert called on Andrew Jenks, Transportation Engineer and Planner, Public Works to present the Item for consideration. Council comments are summarized as follows: • Project scope and cost appear greater than originally discussed; Concerned that project includes both sides of the Glen Avenue; Unaware of drainage issues or flooding on Glen Avenue; Request staff resubmit with more practical approach; • Nothing in current request that goes above and beyond what is standard for curb and gutter plus research – typical for request of this nature; • Original plan included sidewalk on both sides of Glen Avenue unless design research suggests one side is preferable; Must determine if one side is best for the roadway; Approach follows same process as used with all Robinson Sidewalk projects; • Concerned that sidewalk on both sides is too expensive; • No stormwater or gutter present on either side of roadway so approve researching both sides of street; • Sidewalk on one side of street is appropriate; Visually, easy to determine which side is appropriate even without further research; Engineering research will provide data not visible by sight; Should research indicate preference for one side (conceptual phase of project) monies allotted for remainder of this phase will be saved; • Project funded through ARPA and Robinson sidewalk monies. A motion was made to award the design contract for the Glen Avenue, SW sidewalk project to Urban, LTD, in an amount not to exceed $142,450. Motion, Council Member Patel; second, Council Member Anderson. Motion carried unanimously. Town of Vienna Page 9 Printed on 4/11/2023 Town Council Meeting Meeting Minutes March 20, 2023 A motion was made by Council Member Patel, seconded by Council Member Anderson, that the Action Item be approved. The motion carried by the following vote: Aye: 6- Council Member Anderson, Council Member Brill, Council Member Patel, Council Member Potter, Council Member Springsteen and Council Member Colbert Absent: 1- Council Member Somers E. 23-3672 A Resolution of the Town of Vienna, Virginia Town Council Approving of the Town’s Participation in the Proposed Settlement of Opioid-Related Claims Mayor Colbert called on Town Attorney Briglia to present the Item for consideration. A motion was made to approve the proposed Resolution approving the Town’s participation in the proposed settlement of opioid-related Claims and further move to approve the Town Manager and/or the Town Attorney to executed the necessary documents to effectuate the Town’s participation in the settlements. Motion, Council Member Anderson; second, Council Member Potter. Motion carried unanimously. A motion was made by Council Member Anderson, seconded by Council Member Potter, that the Action Item be approved. The motion carried by the following vote: Aye: 6- Council Member Anderson, Council Member Brill, Council Member Patel, Council Member Potter, Council Member Springsteen and Council Member Colbert Absent: 1- Council Member Somers 8. Meeting Adjournment Mayor Colbert called for a motion to adjourn at 10:30 PM. Motion, Council Member Patel. 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 10 Printed on 4/11/2023