Town Council Meeting

Charles A. Robinson Jr. Town Town of Vienna Hall 127 Center Street South Vienna VA, 22180 Meeting Minutes Town Council Meeting Monday, July 10, 2023 8:00 PM Charles Robinson Jr. Town Hall, 127 Center St. South Includes Joint Public Hearing with Planning Commission on Code Create Invocation: Pastor Vince MacIsaac, Vienna Seventh-day Adventist Church Mayor Linda Colbert called on Noah Yazdani, 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: 7- Council Member Chuck Anderson, Council Member Ray Brill Jr., Council Member Nisha Patel, Council Member Steve Potter, Council Member Ed Somers, Council Member Howard J. Springsteen and Mayor Linda Colbert 2. Acceptance of the Minutes: A. 23-3897 Acceptance of the Regular Council Meeting Minutes of June 12, 2023 and June 20, 2023 and the Conference Session Minutes of June 12, 2023 and June 20 2023. The Regular Council meeting minutes of June 12, 2023 and June 20, 2023 and the Conference Session Minutes of June 12, 2023 and June 20 2023 were accepted as presented. A motion was made that the Minutes 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 Somers and Mayor Colbert 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) Dr. Maryam Dadkhah, 8321 Old Courthouse Rd, Suite 215 “Thank you for allowing citizens to provide input on the improvement plan for the 81 planters located throughout the heart of Vienna along Maple Avenue and Church St. I am sharing thoughts that I hope you will consider as the streetscape is planned. Please do not include invasive plants in the final plan. At this time there are two invasive shrubs included in the list - Japanese Spirea appears under the original invasive plant species list. Additionally, a cultivator of butterfly bush is considered invasive in Maryland, Pennsylvania and New Jersey. Invasive plants ignore state lines and other man made boundaries. Butterfly bush seeds are the size of a speck of dust and are easily distributed by the wind. While there are no federal regulations Town of Vienna Page 1 Printed on 4/2/2024 Town Council Meeting Meeting Minutes July 10, 2023 that would prevent the Town from planting, why give them more free publicity when they are already found at garden centers throughout the area? We all know what is happening with bamboo in Fairfax County and how we have trouble removing it. Please, as much as possible, include native species, which are better suited to the climate and soil of Northern Virginia and makes them easier and less expensive to maintain in the long run. They provide an important source of nectar, pollen and seed for local wildlife. The streetscape plan already includes many native plants and reflects the vision the Town set forth during the planning process almost a decade ago. Chapter 8, Environment, of the updated Town of Vienna Comprehensive Plan sets a goal to increase the use of sustainable practices by residents, the business community and the Town. Native plants are relevant to this effort. We applaud your efforts to include native plants in the initial design but encourage, if additional substitutions must be made, to replace nonnative with native species. I support the practice of using these plants in our own yards and in all public places. I also encourage the Town to get the plants from local vendors who don’t use systemic pesticides. Both the process and the design effect the strategy goals of the Town including Vienna as an engaged community and Vienna as an environmentally sustainable community. The Town of Vienna values and protects it’s natural and manmade resources”. Avril Garland, 917 Hillcrest Dr. Ms. Garland supports the comments by the previous speaker. She also wanted to share that Maryland is drawing up a list of commercially suitable native plants for yards. Supervised by the University of Maryland Extension Services and the Maryland Department of Agriculture the list will be made available on the website. It would be nice if Vienna could acquire this information and publicize it in the Vienna Voice. Some native plants are just not suitable for yards. 4. Reports/Presentations A. 23-3808 Check presentation to the Vienna Public Art Commission Mayor Colbert presented a check in the amount of $5,000.00 from the sale of the 2022 Town of Vienna Christmas ornament, to the Vienna Public Arts Commission. A. Report and Inquiries of Council Members Mayor Colbert called on Council for comments. Council Member Brill wished to thank the Department of Planning and Zoning for the work put forth on Code Create. He also noted that Bryce Eldridge, graduate of James Madison High School, was drafted 16th by the San Francisco Giants in the first round of the Major League Baseball draft. Finally, he also remarked that Sweden has now joined NATO. Council Member Potter thanked Director Levy and his department for the excellent work on the draft of Chapter 18, Vienna Town Code. B. Report of the Town Manager Town Manager Payton thanked the departments of Parks and Recreation and Public Works, as well as both the Volunteer Fire Department and the Vienna Police Department, for their work toward another successful July 4th event. Town of Vienna Page 2 Printed on 4/2/2024 Town Council Meeting Meeting Minutes July 10, 2023 C. Report of the Mayor Mayor Colbert expressed thanks for the excellent work toward the successful Independence Day celebration. She further reminded Council that this week will conclude Liberty Amendments month with a celebration of the 19th amendment. The Vienna Business Association will host an Empowerment of Women event Wednesday evening at 5:45 PM in the Community Center. Saturday July 15, 2023 a Multicultural Festival will be held from 3-8:30 p.m. on the Vienna Town Green. D. Proposals for Additional Items to the Agenda E. Closed Session Report A. 23-3905 Closed Session Report Mayor Colbert called on Council Member Somers to provide the 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 July 10, 2023 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. 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, August 28, 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 Somers; second, Council Member Springsteen. Motion carried unanimously. It was moved to reappoint Sally Jean Penna to the Transportation Safety Commission for a two-year term. Said term shall retroactively commence June 18, 2023 and expire June 18, 2025. Motion, Council Member Somers; second Council Member Springsteen. Motion carried unanimously. A motion was made by Council Member Somers, seconded by Council Member Anderson, that the Action Item be approved. The motion carried by the following vote: Aye: 7- Council Member Anderson, Council Member Brill, Council Member Patel, Council Member Potter, Council Member Somers, Council Member Springsteen and Mayor Colbert 5. Public Hearings Town of Vienna Page 3 Printed on 4/2/2024 Town Council Meeting Meeting Minutes July 10, 2023 A. 23-3898 Code Create Vienna: Joint Public Hearing (day 1) on Draft Chapter 18 - Zoning and Subdivision Ordinance. Mayor Colbert called the Joint Public Hearing to order at 8:16 PM with all Council present. Also present were the following members of the Planning Commission: Keith Aimone; Mathew Glassman; Stephen Kenney; Jessica Plowgian; Jessica Ramakis Absent: Deepa Chakrapani; David Miller Town Attorney Briglia noted that a quorum was present. Mayor Colbert opened the public hearing by thanking the Planning Commission, the Town Council and Town Staff for the work put forth to bring the draft forward at this time. She reminded all that it is a draft and that Council and the Planning Commission are here to listen to all comments. Public written comments have already opened and will remain open until July 26, 2023. Council will refrain from commenting tonight, but they are listening and all comments are recorded. The next step will involve organizing all comments and returning those comments to Council (with Code reference where required). A meeting will be set for late August to review the draft again in light of public comments and to determine any changes. Debra Kennedy, 203 Prescott Circle, SE Ms. Kennedy wished to speak about the Board of Architectural Review (BAR) process. “The Town Council is creating a new zoning code; it defines building height, setback and other key requirements, however the Town website states ‘the Town of Vienna has no specific design guidelines. Decisions of design and architecture suitability are determined by the BAR’. Council can adopt a new building code but it is the BAR that determines how to implement the code. It is the BAR, not the Council that determines the design of the Town of Vienna. We’ve been invited to comment on Code changes. Code changes are insufficient without changing the BAR. The BAR has five members appointed by the Town for a three-year term. Current members have been in place for up to twenty years. All nonresident development must pass the BAR review prior to a Council vote. Every architectural change, from the massive Vienna Market development to the open sign in store windows, all can be turned down or indefinitely delayed by the BAR. Thus, the BAR, not elected officials, can determine the architectural style of the town. Bar decisions often rest on the style preferences if its members. “I prefer”, “I would like to see”, these are standard comments. Longevity of position is often cited as a rationale for opinion. Longevity implies the opinion is indisputable. Large developers can work around the BAR while small ones get lost in the process, which is repeatedly delayed. We can lose the small town development Vienna seeks because the BAR process drives it away. The BAR process and its members are relatively unknown to the vast majority if Vienna residents. It is a hidden power source. Expand the BAR to seven members. Without a determined style for the Town, any opinion based review needs a broader base. The Town requires three years. Allow members two terms only. Rotate members of boards and commissions across all commissions. We will get better, broader government, including the BAR. Aggressively recruit board and commission members. Recruit at every Town event; simply a flyer that includes important information and skills required. People don’t know what they don’t know. This is Vienna. There are good smart people out there. If we can’t find them then we’re not doing something right. Finally, we need to determine if BAR is creating a better Vienna. We don’t have any metrics. We need to analyze decisions for the past ten years; measure both the cost and the opportunity cost of the BAR decisions”. Town of Vienna Page 4 Printed on 4/2/2024 Town Council Meeting Meeting Minutes July 10, 2023 Tim Fricker, 128A Church St., NW. Owner of Bikes@Vienna, representing the Town Business Liaison Committee Mr. Fricker thanked the Council for the opportunity to provide comments. “The Town Business Liaison Committee (TBLC) commend Planning and Zoning in its perseverance and excellence in shepherding the Code Create to this point. We see many positive changes and we see this as a tool and a resource that will benefit the entire business community into the future. We thank you for your time and efforts. We will be submitting more detailed and extensive comments in writing at a later date. Tonight I will call out a few specific areas. Article 2, Divisions 1, 4 and 6, Zones, Districts and Dimensional Standards. Previous drafts of the Code identified Avenue Center boundary lines at Lawyers Rd. and Branch Ave. The TBLC supports moving the boundary line [from the draft location of Lawyers Rd. to ] back to Branch Ave. The newly drawn lines leave out a considerable area for redevelopment. Further, we would like to affirm our support for the following: • Preserving and cultivating the presence of office buildings in the area; specifically, we support small businesses and professional services, nonprofits, etc.; • The proposed zoning setbacks for the Avenue Center; • Animal care boarding as an approved use in the town. Regarding Article 5A, Division 5-8, Parking and Loading and Signage. The TBLC has concerns about enforcement of Section 5A, 18-524, off-street parking and ask for further elaboration on how this section will be managed. Additionally, the TBLC sees the need to address Church St. separately with regard to loading/unloading guidelines and bicycle parking. We have concerns regarding pedestrian and bicycle safety and access, and lack of marked loading/unloading zones, poor site lines at parking lot entrances and other issues in this heavily trafficked area. One final point is related to Article 4, Division 4, Application Processes. The TBLC supports the goal of undergrounding utility services where and when it is feasible. Thank you for the opportunity to speak and for all the work that has gone into this effort”. Jerry Lattaie, 135 Center St., S. Mr. Lattaie is a seventeen-year resident of the Town of Vienna and most recently purchased a condominium from Siekas Homes. Each condo unit has its own roof top living space, in our case it’s 400 square feet. Amenities include gas hookup, gas fireplace, electricity, water, lighting and wiring for speakers. “However, after a couple years of using the space we found the sun and wind significantly limited time on the deck. Umbrellas only cover a portion of the space and must be moved frequently as the sun moves east to west. High wind at that height means umbrellas must be lowered. The condo associations architectural review committee researched solutions and landed on pergolas as the best solution. The proposed pergola is ten feet high, louvered on top, open on all sides and firmly attached to the roof. The BAR did not approve this, as it did not fall within any of the exceptions to the 35ft. limit in the code. My comments tonight relate to Sec. 18-212.1b and 1c. Structural Dimensions and Building Height. In the packets provided the first photo shows my unit looking up from the sidewalk in front of Vienna Elementary School. You cannot see the roof of the door leading to the deck which is 43 feet from the ground. The walls separating the units and the fireplace are at 38 feet from the ground. Written comments were submitted to the Council on June 29, 2023. I’ve been copied by six other unit owners who are all in support of the suggested changes”. Bob McCahill, 429 Center St. N. President of the NE Vienna Citizens Association. Mr. McCahill wished to congratulate Director Levy, Staff and all involved in this Town of Vienna Page 5 Printed on 4/2/2024 Town Council Meeting Meeting Minutes July 10, 2023 effort. He is speaking on a subject that has been brought before Council several times in the past - lighting standards, specifically in the commercial district. “I, and others, have sent examples of garish and unshielded light that negatively affect our neighborhood homes. The example tonight has been provided by a resident at 340 Park St., NE. Much, if not most, of this lighting is mounted on the front, occasionally the back, of the business structure (not stand alone) in the Mill District. I believe most of these businesses aren’t aware of the light spillage. In response, the 2017 Council listed lighting standards as a high priority for the Planning Department to pursue. Thank you for including lighting standards, for the first time, in the Town Code. Specifically, we will benefit because the cone of light will be directionally shielded so it is contained on site and doesn’t spill over property lines. There is other detail in the standards, all good, that will help to some extent, to be consistent with the proclamation presented by the Town to International Dark Skies. Dark Skies recognizes the aesthetic beauty and wonders of natural night sky. According to the proclamation, light pollution wastes natural resources, has economic and environmental consequences, causes energy insecurity and negatively affects human health. I understand that there is some thought of a long term goal for a standalone light and noise ordinance in the interest of public tranquility. That discussion would be welcome. Lastly, I believe the tree requirements in the code are largely the same as in the existing code. I attended the June 12, 2023 Town Council Work Session presentation of ways for resolving the diminishing tree canopy. I fully support a separate tree ordinance with a tree commission, as is the case in Fairfax County and other jurisdictions, to promote the benefits of a vibrant tree canopy”. Eileen Kragie, 1876 Foxstone Dr. Founder of Dark Sky Friends, advocate for Dark Sky International and group leader for the Northern Virginia Chapter of the Dark Sky Alliance. “Thank you for your support and interest in preserving and reclaiming the dark skies that are protecting everyone and everything from light pollution and especially for issuing the proclamation this year and last. We first moved to Vienna in 1969 when I was ten years old. I’ve seen the changes that the decades have brought this Town and this region. Light pollution is growing at twice the rate of the population and it is doubling every ten years. Like most everyone else, I didn’t know this for years while I was busy doing other things. Dark Skies has been fighting this issue since 1988. Astronomers were the canaries in the coal mine during the 1970’s who saw the problem growing. Over the years, technology has advanced the growth and impact of artificial light and it is now deadly to many forms of life. We all hear about the migrating birds, the fireflies and what our electronic screens are doing to disturb our sleep. We hear about blinding glare and light trespass from our friends and neighbors. The disruption to circadian rhythm not only affects humans but all plant and animal forms. Artificial light has been linked to cancer, breast and prostate, anxiety, depression, obesity, diabetes, sleep disorders and more. The body of research continues to grow. Most people never think about it and don’t know anything about it. The technology in lighting has advanced quickly. We now have programmable dimmable targetable lights, motion activated lights and shields to prevent light spill. The codes must protect everyone in the environment from not only poor lighting but dangerous lighting. The bright blue white light has now been shown to impact human, animal and plant health along with blotting out the view of the night sky. So I encourage this Council to adopt the strictest responsible outdoor night light ordinance and to join us in helping the public and businesses understand how to preserve and reclaim our dark skies, as well as retain the historical feel of the Town. These include adding light trespasse as a cause for action in the code, setting lumen and Calvin limits to the lowest necessary for the need, establishing a sunset date for all existing fixtures and grandfathered fixtures, establishing a moratorium in lights during night hours, dimming street lights (11:00 PM-6:00 AM) as is done in Town of Vienna Page 6 Printed on 4/2/2024 Town Council Meeting Meeting Minutes July 10, 2023 other communities. Strive for International Dark Skies standards as well as tight lighting standards of other communities like Middleburg. The Town of Vienna has the opportunity right now to be the leader and model in the region”. Henry Blinder, 201A Park St., SE Mr. Blinder and his wife appreciate the thoughtfulness of Council and Staff in managing this huge project. “A special thank you goes to Director Levy and Assistant Director O’Brien who have helped us to understand specific sections. We own a townhouse next to the peaceful Park Plaza Shopping Center, right by the roundabout. We are concerned that a few of the permitted uses in the new Avenue Center could have an adverse effect on us and our neighbors. We respectfully ask that if hotels, grocery stores, funeral homes and brew pubs are to be included in this new zoning code that they be identified as a conditional use rather than permitted. These uses could bring new levels of noise, traffic, large delivery trucks and unsightly loading docks in view of the neighbors. If the specified uses are conditional, then the neighbors would be notified to ensure that they had an opportunity for input prior to decisions on issuance. Since there are no active hotels in our town now, a hotel in any zone could potentially change the character of Vienna and would also warrant extra evaluation, at least in the Avenue Center zone”. Penny Oszak, 321 Nutley St, NW “Thank you for all the work done on this effort. I attended most of the meeting this year so I understand how much work it has been and what a struggle it has been as well. There are a couple items I would like to speak about tonight. First is parking. At the March 24, 2023 Council session, with respect to Article 5, the Town Council requested that language be included that discouraged parking in front of commercial buildings. I could not find any of that language in either Article 5A or Article 5B. I wonder if that could be added. In Article 5A Development Standards Commercial, Industrial and Mixed Use, Section 18-532 which lists stacking ordinance, there is no section for stacking requirements in Article 5B. I respectfully request that those be added. Living near a school (there are three in my area) there are certainly institutional uses that would require [application of] stacking requirements. Page 5B-6, section 18-561 discusses buffers between zones. The specification table lists five foot and ten foot buffers and I just pose the question, who has five foot buffers and who has ten foot buffers? I’d also like to note that the term buffer is not defined in the document. I want to assure that buffers and open space are not used interchangeably and that buffers are specifically used as a buffer, with no activity allowed except for maintenance. Page 5B -7, Section 18-561, contains a section on buffers between zones. It mentions walls required adjacent to single family homes. The first thing it says is “all land zoned in Avenue Center, East and West, etc. on which any institutional, public or community use is conducted shall be screened from all adjacent single family detached and multifamily attached units”. I’m not sure why these specific zones were highlighted. Such screening is required for the RMU zones, Church St. zones and mixed use but not single family residents. It seems that, if you put a wall between commercial and institutional, why not between institutional and single family? So please look at this again. With respect to CUPS, when discussing conditions for approval, it does not state that there is a need to meet development requirements of Article 5B. I believe it would be important to add that they do need to follow all of the development standards. Relative to the duration of a valid CUP (CUP can be void if construction has not begun in six months or operation has not commenced in two years), we’ve had experiences where a large CUP was approved, then small pieces [of the larger development] were completed. Does that then invalidate the remainder of the CUP if Town of Vienna Page 7 Printed on 4/2/2024 Town Council Meeting Meeting Minutes July 10, 2023 no additional part of the development is completed within the two-year period? I believe there needs to be a little more clarity so there is understanding when these uses can be voided”. With no further speakers, Mayor Colbert recognized Council Member Patel. A motion was made to continue the joint public hearing of the Town Council and the Planning Commission on the draft updated Chapter 18 - Zoning and Subdivision Ordinance to the next Town Council meeting, on July 12, 2023 at 7:30 PM. Motion, Council Member Patel; second, Council Member. Motion carried unanimously. Mayor Colbert called for a break at 8:45 PM and excused members of the Planning Commission. Town Council meeting resumed at 9:00 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: 7- Council Member Anderson, Council Member Brill, Council Member Patel, Council Member Potter, Council Member Somers, Council Member Springsteen and Mayor Colbert B. 23-3883 Public Hearing for permit parking on Millwood Court, SW. Mayor Colbert called the public hearing to order at 9:00 PM. All Council were present. She called on Jim Morris, Police Chief, to present the Item for consideration. “On March 20, 2023, a petition was presented to Town Council from residents of Millwood Court, SW, to establish permit parking on that street. When a request such as this is received, we have several obligations, one is to conduct a parking study, the second is to hold a public hearing. Millwood Ct. has been on our radar screen for some time. We thought about a parking study prior to construction [at Sunrise Senior Living] but found it was not possible due to current code language. The code specifically states 65% of parking used up by 25% of drivers leaving the area. We currently have three zones with permit parking – around the Metro, at James Madison High School and at the Vienna Park Apartments. In the ten years that I’ve been here we’ve had one addition, the 100 block of Patrick St. around the Vienna Park Apartments because, as is the case with these things, permit parking pushes out [the former parking onto the neighboring streets, which are then overwhelmed]. Captain Tom Taylor, Commander of Operations organizes the parking studies and arranges for actual counts. These are physical counts where license plates are matched with resident addresses. The code is specific that to meet the criteria to allow for permit parking 65% of parking must be used up by 25% of drivers leaving the area. Results of the first study revealed that there were days when the criteria were met. But, then we found that the code isn’t really intended for this type of situation. The code is intended for drivers who actually leave the area, such as parking and boarding Metro. It wasn’t written for someone who parks to walk to a construction site for the day. When we saw the numbers we immediately directed [the traffic division] to pick up coverage of that area. They did so and wrote tickets for fire hydrant, too close to curb, etc. violations. Once the petition was received, Tom conducted a second study that came back differently [than the first] because construction in the area was winding down. The second study did not meet the criteria [set by the code]. I believe that will be the case going forward, pending other impacts to the area. I’ve monitored this and it’s down to around three cars parking Town of Vienna Page 8 Printed on 4/2/2024 Town Council Meeting Meeting Minutes July 10, 2023 on Millwood Ct. I realize that the residents have concerns and worries for the future, but it’s hard to gauge that against the [parameters of the code]. I looked at Fairfax County permit parking and found that their code is much more restrictive - 75% of parking must be occupied by 50% leaving the area. They also have a temporary construction parking permit ordinance that allows for temporary permit parking under certain specific conditions. I’d like to discuss this with Director Levy and Town Attorney Briglia”. Mayor Colbert thanked Chief Morris and opened the floor for comments from the public. Shiela McLean, 416 Millwood Ct. “I’d like to talk about how frustrating these last four years have been and the vast amount of energy spent on this issue. You are right, there are only three cars on the street now, but it is due to the fact that Sunrise is not yet open – no one is working there. We have every reason to believe that the problem will continue when Sunrise is open and fully staffed. We’ve come many times seeking relief and been told you would work with us to help resolve the problem, and we’ve not had any action. We first reached out four years ago in June 2019 to the Department of Public Works and the Sheriff’s office because we already had dental office and restaurant staff parking here. We heard nothing in return. We asked for a parking study in December 2020 and sent emails to Council and Staff in August 2021. The Mayor responded indicating that a plan would be developed. We heard nothing more. In November of 2021 we sent another email. January through March 2022 more emails were sent, more frustration. Finally, after fifteen months we were granted a meeting (March 2022), which was helpful but should not have required fifteen months to come together. We then waited thirty-four months for the first parking study, completed in April 2022. Results indicated that the situation met code standard, yet no action was taken. In March 2023 a second study found seven instances of 50% or more nonresident parking on Millwood Ct. We came back to the Town with this information. Now, it’s July 2023. We believe we have a unique situation as we are the most densely populated corner of Vienna. There is every reason to believe this will continue to be issue. Please deal with this before it becomes an even bigger problem”. Nancy Logan, 410 Millwood Ct. “Thank you for your time this evening. The residents of our neighborhood have come before leadership since 2018 to ensure our safety and wellbeing as well as to express our concern about the overall impact on our Town, its residents and businesses concerning the direction of the ill planned and now infamous MAC zoning. You’ve always provided sensible, practical and research guided concerns and recommendations that would not only benefit the neighborhood but would benefit the Town of Vienna and its residents and ultimately our business neighbors. Despite overwhelming public opposition to the two ill-conceived MAC zoning projects up for vote at that time, they narrowly passed. So now it’s four years that we’ve endured the consequences that we expected and have resulted from the egregious MAC zoning approval. Our safety, traffic and parking concerns all played out just as we expected and will continue to do so. Even though we asked Town Staff and leadership as early as 2019 to restrict parking and protect our neighborhood we were stalled. We were promised, and stalled again. Two very delayed parking studies, with the first showing the most extreme impact, and another one, which was delayed, showing less impact. This was a waste of time. Just like before we don’t have a crystal ball, but we know how it will get worse and that Sunrise, once it is fully operational [will create more problems]. We have a unique situation on our cul-de-sac. It’s not a through street. There are seven Townhouses and four single Town of Vienna Page 9 Printed on 4/2/2024 Town Council Meeting Meeting Minutes July 10, 2023 family homes that rely heavily on the parking available on our street. So we’re looking for action, looking for leadership, looking for protection of the residents you serve. We respectfully request resident and visitor parking only be granted on Millwood Ct., SW”. Jay Creswell, 404 Millwood Ct. “We realize, at the moment, that the street is unoccupied. We believe planning should include forecasting. Look at the size of the building, the number of employees plus the number of residents and come up with an idea of how many cars will need parking. The parking study seems to be [skewed]. An example is the coffee shop. A nationally recognized coffee shop may have as many as 450 customers per day, many concentrated at particular times of the day. This would result in people parking on the street. Once the building is operational there will be countless numbers of visitors coming, sales people, service people and prospective residents. It will be constant. In addition, Sunrise has announced that it will host festivals which will flood the neighborhood with cars. So I believe we should have some protection now and not wait until we’ve had to park blocks away from our own home. We must look at this issue prospectively not retrospectively”. Amrita Jhanjee, 406 Millwood Ct. Ms. Jhanjee noted that she has lived at that address with her husband for nearly 25 years. “Thank you for the opportunity to speak this evening, but I hope you are listening, as well. I first raised my concerns regarding additional traffic and parking due to new construction, four years ago. The timeline presented by my neighbor, Shiela McLean, illustrated that we are still at the wait and see stage. Ours is a unique situation, we are a small cul-de-sac with the only option to enter and exit at the liberty Lane/Glen St. intersection where Sunrise Assisted Living has been constructed. The last two years have been a nightmare due to the parking issues and road blockages, but things came to a head a few months ago. I represent a number of seniors living on our cul-de-sac and will provide two examples of instances we have faced during this time. First, I had knee replacement surgery last year. I had problems walking for several months and, due to a lack of available parking spaces, we sometimes had to park a block away, or my husband had to leave the [car with the] engine idling in the middle of the road while he helped me into the house. This was not a safe situation and highly inconvenient. We did try to park two cars in our short driveway but were ticketed for blocking the side walk. Luckily after we spoke with the police, the ticket was withdrawn. Second, my husband suffered two strokes last year and has cardiac issues this year. On one trip back from the hospital we were delayed fifteen minutes on Liberty Lane due to a traffic snarl. My first thought was what if this had happened when we were on our way to the hospital. We understand that change is a part of any community and as a strong supporter of new development, this change fosters the vibrant culture we all love and works for the needs of this community, too. But we are members of this community, too. Our concerns over our safety, security and health need to be heard and looked after as well. I worry that the changes I have observed impact not only our quality of life but our trust in our community. When we don’t feel that we are being heard that erodes trust even further. Who on this Council will answer for any life threatening situation that may arise? Is anyone listening? Parking permits are not a drastic action. They are a small ask. Enough is enough. This is not the time for procrastination. We want action now”. Dan McLean, 416 Millwood Ct. Mr. McLean opened his remarks stating that “unlike other speakers tonight, I give no thanks to this council. We have been four years in a nightmare. We moved, Town of Vienna Page 10 Printed on 4/2/2024 Town Council Meeting Meeting Minutes July 10, 2023 downsized, to simplify our lives. It has been nowhere near simple. You’ve made our lives a nightmare. The ill-conceived MAC plan and the wait and see attitude has to end. With all due respect, doing a traffic study when there is no occupancy at Sunrise Assisted Living is kind of a waste of resources. At the start of the 444 project, we came home from a weekend away to find our home covered in asbestos. We had elderly neighbors who experienced coughing fits from this. Where was the Town? Nowhere. A month later, the dividing wall was demolished. Did the demolition company say anything? No. I had to document it and my wife had to spend hours getting quotes for repair. We both work and we have a special needs child, further we have elderly neighbors, it’s dangerous to have all this traffic. It must end. I have no respect for what’s going on”. Shiela Crestwell, 404 Millwood St., SW. Ms. Crestwell stated that she purchased her property in 1987 and has lived there for 36 years. “One of the things that attracted me to the street was the available parking, if I had meetings and parties at my home. Since 1987 I met and married Jay Crestwell. We each have a car. When my husband gets the garage then I get the street. I don’t want to park in the driveway, because if he wants to leave then we have to do a dosey doe. I park in the space in front of our house. I feel as if an elderly lady like me should be able to park in front of her home. I should not have to search for a block or two to find a parking spot either during the day or at night. After all, this is warm and fuzzy Town of Vienna. The four single family homes on Liberty Lane have no street parking and they rely on Millwood Ct. for parking close to home, for themselves, their visitors, as well as commercial trucks serving their homes. Their lawn care provider parks on the end of our cul de sac, and if there are no spaces available, guess what? He double parks! My neighbors on Millwood Ct. and Liberty Lane feel the same way I do. When you deny a parking permit for Millwood Ct. you deny residents of eleven homes their right to have parking available for their needs. Are these voting citizens of Vienna worth less than the commercial vendors and their needs? I hope not; I hope you’ll take action and stand behind your friends on Millwood Ct”. Yunjung Yi, 414 Millwood Ct. “I have two teenagers. I fully support the proposed permit parking on Millwood Ct. So many things occurred after I moved here one and ahalf years ago. These problems were not expected to occur. Let me share what happens with our home. I want to highlight that we are not asking from selfish motivation. It is purely to maintain our right to be safe and enjoy our homes. I believe anyone in this position would ask the same. First, there is the privacy and safety issue. When my daughter goes to school at 6:40 AM strangers are already parking on our street and they keep their headlights on, which makes our home very visible to all strangers. So we had to take her by car or walk her. This was not my expectation when I moved to my home. I also note that this will continue to be significantly worse than present once Sunrise Assisted Living opens. Moreover, there are many unexpected events, too many to go over tonight, but one instance involved the shuttle bus needing to detour because of construction. Also, sue to lack of space, we couldn’t get our trash can to the street. Other times cars parked in front of our trash, and it was not picked up. I’d like to reiterate that our situation is unique. We are in a neighborhood where we have many schools within walking distance. We need to assure that our neighborhoods are safe for the students to be able to walk to school”. Khalid Hasan, 412 Millwood Ct. “If I were in your shoes and wanted to highlight family safety concerns, I might look at this from a risk management perspective. How can I manage the risks for the residents? Whenever you do this your risk is a function of the probability of Town of Vienna Page 11 Printed on 4/2/2024 Town Council Meeting Meeting Minutes July 10, 2023 something occurring and the impact. Right now maybe the probability is not high, but as we’ve heard from my neighbors, the impact is high. In the future, both of these indicators will rise. What I wanted to highlight were the safety concerns that we experienced. We moved to the neighborhood right at the height of the pandemic in 2020, roughly three years ago. We chose this neighborhood because of its family friendly nature, it’s quiet and because it was on a cul de sac. My daughter can ride her scooter, her bike, play with friends. That’s been turned upside down with the parking and what that brings to it. Example, we’ve had a number of strangers who sit in their cars for an extended period of time blasting their music. We have both men and women who change their clothes here. Is that something you really want to subject your child to? Litter has increased, beer cans and alcohol bottles. Due to these issues we’ve kept our daughter from going outside unless supervised. A while ago the entrance to Millwood Ct. was blocked. When my wife asked the workers to move, it degenerated into a verbal altercation. We notified Sunrise and management fired the employee involved, but what will happen if this person comes looking for us? The important point is that if you have a family, would you want them to be subjected to these things? I hope you take action”. Kathy Hardman, 524 Lewis St., NW “I find this testimony very interesting because I remember when the building that is now Sunrise Assisted Living was up for bid. It was not originally going to be an assisted living facility. I had a feeling that this would not work due to the number of things going on in that corridor. It’s very dangerous already and I did warn Council several years ago that this would be a problem. It’s only going to get worse. Because we have nearly 6,000 kids in that area going to schools. If we can’t even get parking for people now, when the other two properties that have been demolished are built, we’ll have a lot to think about relative to infrastructure. Northwest is very small, almost no sidewalk and very little parking. Quite often it appears that not all of these issues were adequately considered when the plans were made. This corridor is where there are the most accidents in Town. Thank you for completing the studies, but I we need to have a discussion about the area as a whole”. Lee Giovanniello, 317 Broadleaf Dr., NE. I was not aware of this problem until tonight, but find that I am very upset by it. I want to offer an idea for parking that is taken from my years of living in Boulder, CO. As parking is at a premium is Boulder, all neighborhood parking is permitted. This should be considered here. With no further comments from the public, Mayor Colbert called for a motion to close. A motion was made to close the public hearing at 9:25 PM. Motion, Council Member Patel; second, Council Member Springsteen. Motion carried unanimously. Mayor Colbert opened the floor to comments from Council. The following provides a summary of those comments. Residents of Millwood Ct. have “played by the rules”, been proactive, and waited 34 months for action from Council; The decision to table the request was based upon a parking study conducted after the majority of construction was complete – a perfect example of procedural failure; The decision was made without consideration of Sunrise shift work, employee overlap, inadequate parking to accommodate employees, visitors and special event attendees; Council must be proactive: 1. Exercise part of current parking ordinance that allows residents to address issues where parking is difficult due to high volume of use by nonresidents; Town of Vienna Page 12 Printed on 4/2/2024 Town Council Meeting Meeting Minutes July 10, 2023 2. Direct the Town Manager to draft new legislation that considers real world factors that are known to come into play. Issuance of permits will cause spillover onto Glen, Roland and Liberty Lane; Consider temporary parking permits until completion of 444 Maple Avenue so allow for assessment of spillover; Millwood Ct. lies close to Town activities, not likely to decrease parking demand; Council must act on this issue; Current code insufficient to address this issue; Must be rewritten to include a section on temporary parking and to be more flexible overall; Current problem has evolved over time due to design of Townhouse garages, short driveway pads and location on a cul de sac with no overflow access from closely assessable businesses; Parking will continue to be a problem due to proximity to two high density facilities and three schools; Current code does not specify when a parking study must be completed for consideration in decision; the first parking study was competed in April 2022 and met the criteria necessary for permit parking. This study should be the basis for a decision. Town Attorney Briglia responded to Council’s inquiry regarding their legal authority to act on this issue. He cautioned Council about use of the ordinance to “ban” parking and urged adoption of an ordinance that addresses construction parking. The current ordinance does not cover the issues under consideration with this item however Council does have authority to issue permits. Mayor Colbert noted that there are actually two separate issues under consideration; How to address this problem with construction parking; What is likely to happen on this street in the near future. With no further comments, Mayor Colbert called for a motion of the item under consideration. A motion was made to authorize permit parking, with guest parking, on Millwood Ct. Motion, Council Member Springsteen; second, Council Member Brill. Additional Discussion: • With the information presented tonight Council will be utilizing a construction parking study to justify a nonconstruction permit issuance. • Town Manager should be directed to draft appropriate legislation to cover instances such as this; • Consider that the residents of Millwood Ct. are asking for eight permitted spaces, not the entire street. Mayor Colbert called for a vote on the motion. Motion passed in a six to one vote. Mayor Colbert recommended that the Town Manager put construction parking on a future Conference Session agenda. Mayor Colbert called for a recess at 10:00 PM. Council meeting resumes at 10:10 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: 7- Council Member Anderson, Council Member Brill, Council Member Patel, Council Member Potter, Council Member Somers, Council Member Springsteen and Mayor Colbert 6. Consent Agenda Mayor Colbert called for a motion on the Consent Agenda. Council Member Springsteen requested that all future Maude Robinson sidewalk projects be excluded from the Consent Agenda and instead placed on the agenda as Town of Vienna Page 13 Printed on 4/2/2024 Town Council Meeting Meeting Minutes July 10, 2023 a regular business item. Mayor Colbert requested that Item C. 23-3902 Request approval for spending $212,465.56 with Arthur Construction Co., Inc. for construction of a Robinson Trust Sidewalk Project at Elmar Drive from Desale Street, SW, to Park Street, SE be removed from the Consent Agenda and placed under Regular Business as Item E. A motion was made to remove Item 7C (Request approval for spending $212,465.56 with Arthur Construction Co., Inc. for construction of a Robinson Trust Sidewalk Project at Elmar Drive from Desale Street, SW, to Park Street, SE be removed from the Consent Agenda and placed under Regular Business as Item E. Motion, Council Member Patel; second, Council Member Springsteen. Motion carried unanimously. A motion was made to approve Item 6A&B on the Consent Agenda. Motion, Council Member Patel; second, Council Member Springsteen. Motion carried unanimously. 6. Consent Agenda A. 23-3894 FY 2024 funding and renewals of additional Town contracts B. 23-3900 Renewal of Maintenance Agreement with Tyler Technologies 7. Regular Business A. 23-3895 Request approval to award IFB 23-41: Construction Contract to Richardson-Wayland Electric Company, LLC for the Route 123 (Maple Avenue) and Route 243 (Nutley Street) Signal Upgrades. Mayor Colbert called on Christine Horner, Interim Director, Public Works to present the Item for consideration. In response to a question from Council she explained that earlier budgetary approvals covered engineering for the location. The current request will cover the actual 18-month construction project. It was moved to award the construction contract for the Route 123 (Maple Ave) and Route 243 (Nutley St) Signal Upgrades Construction project to Richardson-Wayland Electric Company LLC, in an amount not to exceed $3,129,788.54. 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: 7- Council Member Anderson, Council Member Brill, Council Member Patel, Council Member Potter, Council Member Somers, Council Member Springsteen and Mayor Colbert B. 23-3845 Request approval for the purchase of vehicles as outlined in the FY 23 and FY 24 Vehicle Replacement Plan (VRP) Mayor Colbert once again recognized Christine Horner, Interim Director, Public Works, to present the Item for discussion. Town of Vienna Page 14 Printed on 4/2/2024 Town Council Meeting Meeting Minutes July 10, 2023 In response to Council questions Marion Serfass, Director, Finance, explained that in ordinary circumstances vehicles would be ordered, followed by a request for payment authorization. Due to excessive lead time this request is for blanket authorization. Monies for payment will not be borrowed until vehicles are confirmed as nearing delivery. A motion was made to approve the purchase of vehicles not to exceed $1,345,011 as outlined in the FY 23 and FY 24 VRP utilizing the provided contracts. Motion, Council Member Springsteen; second, Council Member Potter. Motion carried unanimously. A motion was made by Council Member Springsteen, seconded by Council Member Somers, that the Action Item be approved. The motion carried by the following vote: Aye: 7- Council Member Anderson, Council Member Brill, Council Member Patel, Council Member Potter, Council Member Somers, Council Member Springsteen and Mayor Colbert C. 23-3785 Intent to adopt a proposed ordinance to amend the Code of the Town of Vienna, Chapter 9, Motor Vehicles and Traffic, Article 1, In General, Section 9-3, Adoption of State Code. Mayor Colbert called on Town Attorney Briglia to present the Item. It was moved to adopt the proposed ordinance to amend as presented the Code of the Town of Vienna Chapter 9, Motor Vehicles and Traffic, Article 1, In General, Section 9-3, Adoption of State Code. Motion, Council Member Springsteen, second, Council Member Potter. Motion carried unanimously. A motion was made that the Action Item be approved. The motion carried by the following vote: Aye: 7- Council Member Anderson, Council Member Brill, Council Member Patel, Council Member Potter, Council Member Somers, Council Member Springsteen and Mayor Colbert D. 23-3901 Appropriate Spending for the Town Attorney for FY 2023-24 Mayor Colbert recognized Marion Serfass, Director, Finance to present the Item. A motion was made approve the appropriation for legal services for fiscal year 2023-2024 totaling $365,000 to Briglia and Hundley, PC, in the following accounts: 100-102-1021-11221-43102 - Legal Services $200,000 100-102-1021-11221-43113 - Prosecuting Services 95,000 100-102-1021-11221-43114 - Supplement Legal Services 70,000 Motion, Council Member Springsteen; second, Council Member Somers. Motion carried unanimously. A motion was made by Council Member Springsteen, seconded by Council Member Somers, that the Action Item be approved. The motion carried by the following vote: Town of Vienna Page 15 Printed on 4/2/2024 Town Council Meeting Meeting Minutes July 10, 2023 Aye: 7- Council Member Anderson, Council Member Brill, Council Member Patel, Council Member Potter, Council Member Somers, Council Member Springsteen and Mayor Colbert C. 23-3902 Request approval for spending $212,465.56 with Arthur Construction Co., Inc. for construction of a Robinson Trust Sidewalk Project at Elmar Drive from Desale Street, SW, to Park Street, SE. Mayor Colbert recognized Christine Horner, Interim Director, Public Works to present the Item for consideration. She explained that, with advice from both the Town Arborist and the Arthur Construction Company arborist, the curb line will be adjusted to save three trees from removal. A motion was made to approve the spending of $212,465.56 with Arthur Construction Co., Inc for construction of sidewalk improvements for the west side of Elmar Drive from Desale Street SW to Park Street SE as described in the report. Motion, Council Member, Springsteen; second Council Member . Motion carried unanimously. A motion was made by Council Member Springsteen, seconded by Council Member Anderson, that the Action Item be approved. The motion carried by the following vote: Aye: 7- Council Member Anderson, Council Member Brill, Council Member Patel, Council Member Potter, Council Member Somers, Council Member Springsteen and Mayor Colbert 8. Meeting Adjournment Mayor Colbert called for a motion to adjourn at 10:30 PM. Motion, Council Member Anderson; second, Council Member Potter. A motion was made by Council Member Chuck Anderson, seconded by Council Member Steve Potter, that this was adjourn.. The motion carried by the following vote: Town of Vienna Page 16 Printed on 4/2/2024