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, August 28, 2023 8:00 PM Charles Robinson Jr. Town Hall, 127 Center St. South Invocation: Reverend Johnny Kurcina, Christ Church Vienna Mayor Colbert called on Reverend Johnny Kurcina, Christ Church 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 Chuck Anderson, Council Member Ray Brill Jr., Council Member Steve Potter, Council Member Ed Somers, Council Member Howard J. Springsteen and Mayor Linda Colbert Absent: 1- Council Member Nisha Patel 2. Acceptance of the Minutes: 2. Acceptance of the Minutes: A. 23-3944 Acceptance of the Regular Council Meeting Minutes of July 10, 2023 and the Joint Public Hearing Minutes of July 12, 2023. The Regular Council Meeting Minutes of July 10, 2023 and the Joint Public Hearing Minutes of July 12, 2023 were approved as presented. 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. Brian Land, 504 Ridge Rd., SE, Vienna, VA Mr. Land noted that he would be speaking on behalf of the Pedestrian Advisory Committee. “I would like to take the opportunity to let everyone know that the Vienna Police Department and the Pedestrian Advisory Committee have initiated an Eye to Eye Pedestrian Safety campaign. What this means is that for increased safety pedestrians, bicyclists and drivers should make eye contact with one another in order to avoid collisions. When pedestrians, bicyclists and drivers see eye to eye crash injuries are reduced and lives are saved. No matter who has the right of way all parties at intersections and crosswalks should travel defensively and make eye contact with other travelers before proceeding. Research suggests that pedestrians are more likely to cross streets safely if they make direct eye contact with oncoming drivers. Research also suggests that drivers are more likely to stop when pedestrians initiate eye contact. In a recent study without eye contact about 55% of drivers did not stop at pedestrian crossings. However, when pedestrians stared directly into the drivers’ eye about 68% of drivers stopped. The results indicate the Town of Vienna Page 1 Printed on 9/26/2023 Town Council Meeting Meeting Minutes August 28, 2023 at pedestrian crossings significantly more drivers stopped to permit pedestrians to cross the street when he or she looked the driver in the eye. The Pedestrian Advisory Committee and the Vienna Police are working to help remind pedestrians and drivers of the importance of eye to eye contact before a pedestrian crosses the street. We’ve prepared 12X12 signs that say “Look! Make eye contact before crossing”. The plan is to install the signs at the Vienna crosswalks equipped with push button, rapid flashing beacons and certain other crosswalks in Vienna, so pedestrians are reminded to cross streets at intersections and marked midblock crosswalks, between dusk and dawn, wear bright clothing to be seen at night, make eye contact with drivers before stepping onto the street, and continue to look for oncoming traffic until the other side of the street is reached. Drivers are reminded to obey speed limits, check intersections and midblock crosswalks for waiting pedestrians, make eye contact with pedestrians waiting to cross the street, yield to pedestrians and allow them to cross. We appreciate the Pedestrian Advisory Committee, the Vienna Police Department, and the Vienna Department of Public Works for supporting this Eye-to-Eye campaign”. Avril Garland 917 Hillcrest Dr., Vienna, VA Ms. Garland stated that she would like to talk this evening about deer. “I’m at my wits end. I was cited for my yard. They suggested that I plant more color like Cone Flower and Black Eyed Susan. So I did this and it was nice, but now it is all disappearing. I have to put down barriers at night; I cover my violets with plastic, I even use human hair. It takes me an hour and half. We very badly need deer control. Fairfax County has deer control, NOVA Parks has deer control along the W&OD Trail, so deer are driven into Vienna. Other places in Fairfax County are inviting licensed, qualified archers into their space. [There are rules to follow] and since 1968 there have been no accidents in Fairfax County. So if people could have the option to do this, it would be nice”. Mayor Colbert invited Ms. Garland to put her comments into the form of an email and she would receive a reply. 4. Reports/Presentations A. 23-3925 Recognition of the Vienna Little League 10, 11 and 12 year old district title winners Mayor Colbert recognized the success of the Vienna Little League 10, 11 and 12-year-old district title winners, recognizing their sportsmanship, as well as the sportsmanship of their coaches and parents. B. 23-3877 Proclamation for Constitution Week Mayor Colbert read into the record a proclamation declaring September 17, 2023 – September 23, 2023 as Constitution Week. The award was accepted by Janice Dickson, Regent, Fairfax County chapter of the DAR. C. 23-3945 Certificate of Achievement for Excellence in Financial Reporting Mayor Colbert presented the Certificate of Achievement in Financial Reporting to Marion Serfass, Director, Financial Services, Town of Vienna. A. Report and Inquiries of Council Members B. Report of the Town Manager Town of Vienna Page 2 Printed on 9/26/2023 Town Council Meeting Meeting Minutes August 28, 2023 Mercury Payton, Town Manager, reminded Council that a discussion of the Town’s noise ordinance will be held immediately following the Town Council Meeting of September 11, 2023. C. Report of the Mayor Mayor Colbert thanked Staff for their work to make Chillin on Church 2023 successful. D. Proposals for Additional Items to the 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 August 28, 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 and the discussion of Council appointments to local committees. 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, September 11, 2023 at 7:00 PM in accordance with Virginia Code, Section 2.2-3711.3 for discussion or consideration of the acquisition of real property for public purposes, or of the disposition of publicly held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body. A. 23-3951 Closed Session Report First Motion Motion, Council Member Somers; second, Council Member Springsteen. Motion carried unanimously. A motion was made by Council Member Somers, 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 Potter, Council Member Somers, Council Member Springsteen and Mayor Colbert Absent: 1- Council Member Patel B. 23-3952 Closed Session Report Second Motion It was moved to reappoint Mike Cheselka to the Board of Architectural Review for a two-year term. Said term shall be retroactively effective August 1, 2023 and expire August 1, 2025. Motion, Council Member Somers; second, Council Member Potter. Motion carried unanimously. A motion was made by Council Member Somers, 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 Potter, Council Member Somers, Council Member Springsteen and Mayor Colbert Town of Vienna Page 3 Printed on 9/26/2023 Town Council Meeting Meeting Minutes August 28, 2023 Absent: 1- Council Member Patel 5. Consent Agenda A motion was made to approve the Consent Agenda Items A and B as presented. Motion, Council Member Springsteen; second, Council Member Potter. Motion carried unanimously. 5. Consent Agenda A. 23-3919 Approval To Publish a List of Delinquent Real Estate Tax Payments as of Aug. 3, 2023 A motion was made that the Action Item be approved on the Consent Agenda. The motion carried by the following vote: Aye: 6- Council Member Anderson, Council Member Brill, Council Member Potter, Council Member Somers, Council Member Springsteen and Mayor Colbert Absent: 1- Council Member Patel B. 23-3882 Approval of payment to Tyler Technologies for the standard software maintenance agreement (SSMA) for the Vienna Police Department. 6. Regular Business A. 23-3920 Request to Approve On-Call Engineering Services Contracts for Local/State/Federal Projects - RFP 23-17 (RDA, RKK, and WRA) Mayor Colbert called on Adam Lehman, Acting Director, Public Works to present the item for consideration. It was moved to approve the On-Call Engineering Services Contracts for Local/State/Federal Projects - RFP 23-17 with Rinker Design Associates, P.C. (RDA), Rummel, Klepper, and Kahl, LLP (RKK), and Whitman, Requardt & Associates, LLP (WRA). Motion, Council Member Anderson; second, Council Member Springsteen. Motion carried unanimously. A motion was made by Council Member Anderson, 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 Potter, Council Member Somers, Council Member Springsteen and Mayor Colbert Absent: 1- Council Member Patel B. 23-3927 Request to Approve Construction Services and Management Contract to Whitman, Requardt & Associates, LLP for the Route 123 (Maple Avenue) and Route 243 (Nutley Street ) Signal Upgrades Project. Mayor Colbert called on Adam Lehman, Acting Director, Public Works to present the item for consideration. It was moved to approve the construction services and management contract for the Route 123 (Maple Avenue) and Route 243 (Nutley Street) Signal Upgrades project to Town of Vienna Page 4 Printed on 9/26/2023 Town Council Meeting Meeting Minutes August 28, 2023 Whitman, Requardt & Associates, LLP, in an amount not to exceed $383,289.90. Motion, Council Member Springsteen; second, Council Member Potter. Motion carried unanimously. A motion was made by Council Member Springsteen, seconded by Council Member Potter, 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. 23-3921 Consideration to Initiate Engineering Design Reports of Robinson Sidewalk Projects at Johnson Street, SW; Saint Andrews Drive, NE; Saint Bernard Drive, NE; Ridge Road, SW; and Frederick Street, SW, (Tapawingo Rd to Kingsley Rd); and to Initiate Final Design of a Robinson Sidewalk Project on the east side (odd numbered addresses) of Frederick Street, SW, from Meadow Lane to Tapawingo Road Mayor Colbert once again called on Adam Lehman, Acting Director, Public Works to present the item for consideration. It was moved to authorize the Town Manager to apply to the Maud Robinson Trust to Initiate Engineering Design Reports of five Robinson Sidewalk Projects on the following streets: • Johnson Street, SW, from Glen Avenue to end of street • Saint Andrews Drive, NE, from Maple Avenue to Westbriar Drive • Saint Bernard Drive, NE, from Maple Avenue to Westbriar Drive • Ridge Road, SW, from Hillcrest Drive to Frederick Street • Frederick Street, SW, from Tapawingo Road to Kingsley Road And to approve the spending of $161,700.00 with Urban, Ltd. to prepare the engineering design reports. Secondly, it was moved to authorize the Town Manager to apply to the Maud Robinson Trust to initiate final design of a Robinson Trust sidewalk project on the east side (odd numbered addresses) of Frederick Street, SW, from Meadow Lane to Tapawingo Road, and to approve the spending of $78,450 with Urban, Ltd. to prepare the final design. Motion, Council Member Springsteen; second, Council Member Somers. Motion carried unanimously. Mayor Colbert called for a recess at 8:55 PM. The Council meeting resumed at 9:07 PM. 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 D. 23-3929 Code Create Vienna - Direction to Staff on Draft Chapter 18 Zoning and Subdivision Ordinance Mayor Colbert called on David Levy, Director, Planning and Zoning, to present the item for consideration by Council. Director Levey recognized Kelly O’Brien, Deputy Director, Planning and Zoning. Town of Vienna Page 5 Printed on 9/26/2023 Town Council Meeting Meeting Minutes August 28, 2023 The purpose of this agenda item is for the Town Council to provide direction to staff on any changes it would like made to the Draft Chapter 18 - Zoning and Subdivision. If Council can provide all direction by the end of the September 11, 2023 meeting, staff can return on October 2, 2023 with an updated draft for Council review and potential direction to advertise a notice of intent to adopt. This schedule will allow the Town Council to achieve its stated goal of adopting the updated Chapter 18 at its October 23, 2023 meeting. Agenda Item 6D, Attachment 6 provided context related to testimony submissions and options for the Town Council’s consideration. For each option, Staff further provided assessment of whether an additional public hearing would be needed to adopt such a change. Mayor Colbert read aloud the list of suggested changes that would require an additional public hearing. Among those were the following: • Accessory Dwelling Units; • Changes to form and function of the BAR; • Buffers – Additions and/or changes; • Building height increases; • Pergola additions; • BAR involvement in Conditional Use Permits; • District boundary changes along Maple Avenue; • Changes in fence heights; • BAR review of interior fences and decks for multi-unit housing; • Modification of the zoning map to accommodate additional housing options; density and diversity; • Allowance for use of permeable materials exemption from lot coverage calculations; • Inclusion of additional open space requirements for commercial or multiunit development; • Changes in standards for parking; • Increases to the setback and requirement of brick wall in the RS-10, RS-12.5, and RS-16 zones for parking lots on public, institutional, and community uses adjacent to single-unit residential lots; • Addition of new requirements, allowances or restrictions for signs not in the current code or draft code; • Requirement of BAR review for more than 3 signs of 1.5 square feet (or smaller); • Disallowing internally illuminated signs along Church St, for both the Church Street District (CS) and the Church Street Vision Incentive Overlay District (CS-O); • Reinstatement of a permit requirement for temporary signs, as a vehicle to monitor the time that temporary signs are in place; • Creating a new ordinance, or a change to the Town code, to support revitalizing the tree canopy in Vienna; • Change in the use from permitted to conditional for funeral homes, grocery stores, brew pubs; • Addition of “Indoor Storage” as a principal use with a conditional use permit in commercial districts; • Removal of drive-thru facilities as a conditional use in AE, AW, AC, and GS • Add upper story residential as permitted use in Mill District (M) and Corporate Park (CP); • Allow outdoor space above and beyond what exists in Code; • Removal of commercial off-street parking as a conditional use in AE, AW, AC, GS, and CS; • Permitting more than one farmers market in Town; Town of Vienna Page 6 Printed on 9/26/2023 Town Council Meeting Meeting Minutes August 28, 2023 • Allow for additional outdoor seating than is currently permitted; • Zoning change for Beulah Road Park; • Expanding EV charging stations; • New uses in the Transitional Zone – would require review of Comprehensive Plan. Mayor Colbert reviewed recommendations offered by the Planning Commission. The following includes a sample of those recommendations:  Parking - Requirements should be reevaluated and Chapter 18 amended as soon as possible after completion of the parking study. An evaluation of the appropriate use of drive-throughs in different zones should be completed when reviewing the parking study results and related traffic issues.  Lighting - Further review of issues recommended in order to revise the lighting requirements in Chapter 18 however, the Town should also engage a lighting consultant to assist with the review of these issues.  Tree Canopy – Support taking action on tree loss; some commissioners support an increase in tree planting requirements for residential and commercial properties;  Uses – Support changing from not allowed to conditional use for some additional uses in the Transitional Zone;  Driveways - Recommend requiring a 5-foot radius;  Mechanical and Utility Equipment – Recommend specific language to help prevent installation in open space;  Structural dimensions related to pergolas - May result in unintended consequences and should be subject to further review. A motion was made to postpone discussion of items that will require an additional public hearing until after adoption of Code Create. It was further moved to direct Staff to research and work with the Town Manager to schedule these items for discussion in a conference session in 2024. Motion, Council Member Somers; second, Council Member Springsteen. Motion carried unanimously. Also listed in Agenda Item 6D, Attachment 6 were suggested changes in code language that would NOT require a public hearing. These are listed as follows along with Council decision on each.  Building Height – draft language will retain the height limit at 42 feet in Avenue Central and/or Gateway South;  Conditional Use Permits and the BAR – the practice has been to allow the Planning Commission to recommend CUP applications to the BZA. The draft language will be retained;  Definitions - It was moved to include the definitions as set forth in Agenda Item 6, Point 8, Attachment 6. Motion, Council Member Anderson; second, Council Member Somers. Motion carried unanimously.  Fences – Fences are currently reviewed by BAR; current draft does not include BAR review of interior patios and decks; draft language will be retained;  Housing Affordability/Density/Diversity – draft language will be retained;  Lighting – possible changes forthcoming by General Assembly which could affect implementation of any new code language adopted by the Town. Town of Vienna Page 7 Printed on 9/26/2023 Town Council Meeting Meeting Minutes August 28, 2023 A motion was made to postpone inclusion of all reference to specific lighting standards such as numbers and numeric standards. (As an example, Sections 18-517.6, 18-467.2, and 18-566.5 “Luminaires with 1,000 or less initial lumen output.”; Sections 18-415, 18-468, 18-518, and 18-567 “Light sources that exceed 200,000 lumens or an intensity in any direction of 2,000,000 candelas or more;”) Motion, Council Member Patel; second, Mayor Colbert. Motion carried unanimously. A second motion was made to add both provisions of motion sensors (Sections 18-416, 18-469, 18-519 as a new numbered item “Use of motion sensors is encouraged) and boundary of property (Section 18-519.1: “and not to exceed the boundary of the property) as written in draft. Motion, Council Member Somers; second, Council Member Potter. Discussion included concern with use of the word “encouraged” as it cannot be enforced; current draft language provides no basis or rejection, only guidance. Motion passed unanimously.  Parking/Bicycle A motion was made to include the following language in all applicable sections of the Code “shall include inverted “U” bicycle racks and circular bicycle racks or acceptable variations as determined by the Zoning Administrator with recommendation from the Director of Public Works”. Motion, Council Member Anderson; second, Council Member Somers. Motion carried unanimously.  Church Street Loading/Unloading – will address when parking study is concluded;  Parking and Stacking (Institutional) A motion was made to add the following language “modification shown in bold for requirements for conditional use permits listed in Section 18-824.5.v,” as drafted in attachment 6. Motion, Council Member Anderson; second, Council Member Potter. Motion carried unanimously.  Satellite Antennas – will be addressed at a later date.  Setbacks – no action was taken.  Signage – Motions and votes on recommendations from Board of Architectural Review (BAR) relative to signage: 1. A motion was made to include the language from the current code, Section 18- 174 Intent, into Division 7 Signs in Articles 4B, 5A, and 5B as a new Section titled Purpose and Intent. Motion, Council Member Potter; second, Council Member Anderson. Motion carried unanimously. 2. A motion was made to include language that states “Signs of any type shall not be erected upon the roof of any building, except on the sides of a mansard-type roof.” to the Prohibited Signs sections of Articles 4B, 5A, and 5B. Town of Vienna Page 8 Printed on 9/26/2023 Town Council Meeting Meeting Minutes August 28, 2023 Motion, Council Member Potter; second, Council Member Anderson. Motion carried unanimously. 3. A motion was made to include the language from current code 18-179.B and C under Sections 18-544 and 18-593 Removal of Unsafe, Unlawful, or abandoned signs. Motion, Council Member Potter; second, Council Member Somers. Motion carried unanimously. 4. A motion was made to revise the applicability section of the sign divisions within the draft code by replacing it with language suggested under Item 33. 1,2, and 3. Motion, Council Member Anderson; second, Council Member Springsteen. Motion carried unanimously. 5. A motion was made to incorporate all the requirements from 18-186 in the current code into 18-821 of the draft code. Motion, Council Member Potter; second, Council Member Anderson. Motion carried unanimously. 6. A motion was made to revise the table in Section 18-540 Sign Illumination to provide the allowance for internally illuminated ground mounted signs in the Avenue Center (AC) district. Motion, Council Member Potter; second, Council Member Patel. Motion carried unanimously.  Inclusion of telephone/facsimile numbers, Internet addresses, or electronic mail addresses on signage – Discussion deferred.  Uses o Hotels be changed from permitted to conditional use in the Avenue Center zone - Draft language will be retained. o Funeral homes changed from permitted to conditional use in the Avenue Center zone – Draft language will be retained. o Upper Story Residential be changed from conditional use to permitted use in AE, AW, GS and NM districts and zones, subject to limitations in the code - Draft language will be retained. Mayor Colbert noted that discussion of the Planning Commission recommendations will be taken up at the Town Council Meeting of September 11, 2023. Council recessed at 10:45 PM. Council meeting resumed at 10:50 PM. E. 23-3928 Discussion of Proposed Code Amendments to Enhance Tree Canopy, Tree Preservation and Amendments to Tree Board and/or Creation of an Independent Tree Commission Mayor Colbert called on Town Attorney Briglia to present the item for consideration. Town of Vienna Page 9 Printed on 9/26/2023 Town Council Meeting Meeting Minutes August 28, 2023 The Virginia Code enables localities to adopt tree canopy and tree canopy/tree preservation ordinances, Virginia Code Sections 15.2-961 and 961.1 respectively. Vienna currently has a tree canopy ordinance (Vienna Code Section 17-15.1) that applies during land subdivision and development. Jurisdictions in the Northern Virginia Planning District, which includes the Town of Vienna, are permitted to adopt additional provisions as set forth under Virginia Code Section 15.2-961.1. §15.2-961.1, in addition to tree canopy provisions, permits certain localities to adopt procedures requiring the preservation of existing trees in exchange for higher tree canopy credits and payment into a tree fund if preservation and replanting is not possible. Two options were presented to Town Council for review: 1. One single ordinance, as prepared by Brian Land of Kirkland & Ellis LLC. This ordinance would place all tree canopy and preservation components into a single chapter of the Town Code to include standards on development lots, the Tree Board, and the Town’s requirement for an annual report on the state of the tree canopy. It would therefore requirement amendments to Chapter 17 (Subdivision), where current tree requirements are; and Chapter 27 (Conservation and Sustainability Commission (CSC)), where the Tree Board currently sits. A tree bond and 12-month inspection provision is also suggested by Mr. Land. This proposed ordinance would have the Department of Parks and Recreation be responsible for the implementation, review, inspection, and enforcement of the new ordinance. 2. The Town Attorney has also provided proposed ordinance changes to Chapter 17, to update the standards in the location where developers will most easily find them; and to Chapter 27, to update and amend the description of the Tree Board as it relates to the CSC. The CSC Chair has submitted proposed edits to Chapter 27 as they relate to the Tree Board. Currently the Department of Planning and Zoning, in consultation with the Department of Parks and Recreation and Department of Public Works enforces the Town’s current tree canopy ordinance. The Town Attorney would recommend that development tree canopy/tree preservation standard review remain with the Department of Planning and Zoning in consultation with Department of Parks and Recreation and Department of Public Works. Comments by Christina Caplin, Chairman, Conservation and Sustainability Commission (CSC), reiterated that the over the last several years the CSC has provided impetus for single lot tree canopy as well as ongoing educational campaign. The following includes a summary of discussion by Council:  Support for creation of a Tree Commission; Council split regarding establishment of separate authority or umbrella authority under the CSC;  Recommend establishing a single source of information on trees and tree canopy;  Tree destruction during redevelopment concern referenced as early as 2012;  Divided support for sending both versions of the ordinance to the Planning Commission;  Critical issues include: o Should basic model be a “preserve first, then replace” or “replace”; o What are the pros and cons of having a standalone tree ordinance versus a tree ordinance that falls within the subdivision section of the zoning ordinance; o What are the pros and cons of having a tree commission that is a standalone Town of Vienna Page 10 Printed on 9/26/2023 Town Council Meeting Meeting Minutes August 28, 2023 body versus a body that reports to the CSC; o Should/can the Town require a one-year bond on new tree plantings on redeveloped lots; o Should a tree ordinance be administered by Parks and Recreation or Planning and Zoning or a combination of both; o Can a tree ordinance include certain provisions that are in place in Fairfax County and set forth in the Fairfax County Facilities Manual and Technical Bulletin; o Should/can the tree ordinance adopt a provisions for post construction tree inspection that are in place in other jurisdictions. Mayor Colbert identified advantages of a Tree Commission that reports to the CSC, most importantly that the CSC can help the new body succeed. She further remarked that it is unconventional for a Council to recommend something to a commission that has not first been recommended by the Town Attorney. Council has not had the opportunity to discuss options outside of the version presented by the Town Attorney. The normal protocol for consideration of any other version would begin with a Work Session prior to sending to the Planning Commission. For this reason, she supports forwarding only the Town Attorney’s version of the ordinance to the Planning Commission. A motion was made to refer the proposed tree ordinance, as presented by Town Attorney Steve Briglia, to the Planning Commission for considerations of amendments to Chapter 17 and Chapter 27 of the Town Code related to Tree Canopy and Preservation provisions authorized pursuant to Virginia Code §15.2-961.1. Motion, Council Member Patel; second, Council Member Springsteen. A motion was made to amend the motion by adding the language “and the Brian Land version”. Motion, Council Member Anderson; second, Council Member Potter. Motion carried in a 4-3 vote. Amended motion: A motion was made to refer the proposed tree ordinance as presented by Town Attorney Steve Briglia and the Brian Land version, to the Planning Commission for considerations of amendments to Chapter 17 and Chapter 27 of the Town Code related to Tree Canopy and Preservation provisions authorized pursuant to Virginia Code §15.2-961.1. Motion, Council Member Anderson; second, Council Member Potter. Motion carried in a 5-2 vote. Mayor Colbert recognized David Levy, Director Planning Commission who stated that the next opportunity for discussion will be September 13, 2023. A public hearing for any additional changes in the ordinance will also need to be scheduled. Town Manager Payton noted that the September 25, 2023 Town Council Meeting agenda included an item to set a Public Hearing for amending the tree ordinance (tentatively October 23, 2023). Town Attorney Briglia reminded Council that the item will require two Public Hearings. The calendar should allow for completion of the matter before the conclusion of 2023. Town of Vienna Page 11 Printed on 9/26/2023 Town Council Meeting Meeting Minutes August 28, 2023 Mayor Colbert stated that she does not believe the tree study completed by Kirkland & Ellis and Ramboll US Corporation (Brian Lands firm) necessarily qualifies his submission as correct under Virginia Law. A motion was made, seconded by Council Member Somers, 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 Potter and Council Member Springsteen Nay: 2- Council Member Somers and Mayor Colbert 7. Meeting Adjournment Mayor Colbert called for a motion to adjourn the meeting at 11:55 PM. Motion, Council Member Springsteen; second, Council Member Anderson. 7. Meeting Adjournment Aye: 7- Council Member Anderson, Council Member Brill, Council Member Patel, Council Member Potter, Council Member Somers, Council Member Springsteen and Mayor 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 12 Printed on 9/26/2023