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, September 11, 2023 8:00 PM Charles Robinson Jr. Town Hall, 127 Center St. South Invocation: Dr. Vernon Walton, First Baptist Church Mayor Colbert called on Dr. Vernon Walton, First Baptist Church Vienna to provide the evening’s invocation. Pledge of Allegiance to the Flag of the United States of America 1. Roll Call Councilmember Patel was absent the beginning of the meeting 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: None 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. Duane Merrill, 600 Hillcrest Dr., SW, Vienna VA. “First of all I would like to thank Council Members Patel, Potter and Somers for their service to the Town of Vienna and its residents. I may not have always agreed with all your voting decisions, but I never doubted your community dedication, your conscientious decision-making and your honorable Council representation. I also recognize the considerable council and community event time investment that you’ve all made to make our town one of the best managed and financially sound incorporated cities in all of Virginia. And I’m pretty sure your council remuneration has not been worth the time you’ve spent having to listen to dozens of three-minute resident presentations. Again, I thank you for your service. On another matter, I was reviewing the planned ITGO tree inventory map and I noted that GPS tree location 3901 is the same location currently occupied by a 28-foot old growth red oak tree. There is no red oak health detail in the inventory like the other inventory assessed Hillcrest Drive trees, only a note to plant a new tree where the current tree exists. In the initial sidewalk design the red oak was shown to be removed. That was when the sidewalk was built a full ten feet from the curb. But that is no longer the case with the final design. Many of the trees and bushes initially in the sidewalk path are now shown to be saved through sidewalk width modification, but not the red oak. It is still marked to be destroyed. My wife and I hired an independent arborist to assess the tree. He confirmed, as with your initial design study, that it is a healthy tree, it just needs some pruning. He also believes that the tree can be saved using a gravel and rubber mat sidewalk treatment. He won’t document that opinion without preparing a full legal report Town of Vienna Page 1 Printed on 9/26/2023 Town Council Meeting Meeting Minutes September 11, 2023 costing over $2000. I don’t have that kind of money. At no time have we asked what must be done to save this tree. There’s still time to do so. This red oak needs a second chance at life. So I implore you – take a second look at this tree and do whatever is needed to save it from an untimely death. It has served our community too long and too well not to be given a second chance. I and all the residents on my street and all Vienna tree lovers will thank you for it.” Lee Giovanniello, 317 Broadleaf Drive, NE., Vienna VA “I am starting [the slide show] with the entrance to Northside Park. This photo was taken within the last week; it’s indicative of what else is going on inside the park spaces. I know when the new sign goes up for Maud that will be taken care of. I’m showing examples of invasive species – Stiltgrass. The foreground of this slide is really green but the patch of Stiltgrass extends all the way beyond the hill and goes down to include a really vast area. The next slide shows a native, one of my favorites at Northside Park. If you see it, it’s because I pulled up all the Stiltgrass. That’s indicative of all the other shorter plants, as well. [The slide shows] the stream area, the buffer zone. The Virginia Invasive Plant Species list includes thirty-two plants and trees that have a rating of highly invasive. These invasives upset the balance of the ecosystem by blocking sunlight from reaching native plants, smothering and strangling them, displacing them and outcompeting them from resources. In some cases, invasive plants even poison the soil. I’m at Northside Park probably five days per week. It is a treasure. The slide shows the path I walk that is completely overgrown. The stream is not far from the bridge to the left off of the W&OD Trail. The next slide depicts a lot of Mile-a-Minute vine in the foreground and also Porcelain Berry, which is taking over completely. The Planet GEO Database shows a count of just two Tree of Heaven trees, a highly invasive tree; one at Tapawingo and another at Malcolm Rd, NE and Lawyers Rd., NW. But there are many more. At Northside Park there are at least three- five trees and as many as eleven seedlings. The issue is that there are more trees than are [represented] on the database. I invite all of you, if you would like to take a walk through Northside Park, I am happy to lead you anytime. You can call me. I’d like you to see the rest of the slides and the rest of what’s out there.” Mayor Colbert invited both speakers to put their comments (and slides) into the form of an email and they would receive a reply. Mayor Colbert recognized boy scout Max R. Robins, working on the Citizenship in the Community and the Communication merit badges. 4. Reports/Presentations A. Report and Inquiries of Council Members Council Member Potter presented an issue with parking on Liberty Lane. He noted that the original pattern has changed from two central travel lanes with parking on one side and an open lane on the opposite side, to parking on both sides. With this change the lane which would allow traffic a right turn onto Maple Avenue is blocked. He asked for clarification on when this change was brought to a vote. He further requested a meeting on the matter with Town Manager Payton and appropriate Staff. He will include an additional Council Member. B. Report of the Town Manager Town Manager Payton thanked the Vienna Volunteer Fire Department for their responsiveness regarding an incident with his daughter. He reminded Council how Town of Vienna Page 2 Printed on 9/26/2023 Town Council Meeting Meeting Minutes September 11, 2023 fortunate the Town is to have such an excellent service. C. Report of the Mayor Mayor Colbert thanked Legion Post 180 for the September 11 ceremony held at the Roger W. Seaman Auditorium. The Town of Vienna has held a remembrance event each of the past twenty-one years. A Mayor and Chief At-Your-Service will be held Tuesday September 12, 2023 at 7:00 PM in the Community Room of the Police station. The topic will be Behavioral Health Community Responsiveness, the Marcus Alert initiative. D. Proposals for Additional Items to the Agenda E. Closed Session Report E. Closed Session Report 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 A. 23-3973 Closed Session Report A Closed Session was held on September 11, 2023 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. 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 25, 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 and the discussion of Council appointments to local committees. Motion, Council Member Potter; second, Council Member Springsteen. Motion carried unanimously. Absent, Council Member Patel. A motion was made 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 5. Regular Business A. 23-3963 Set a Public Hearing on 2023-24 Supplemental Appropriations (Carryforwards) Town of Vienna Page 3 Printed on 9/26/2023 Town Council Meeting Meeting Minutes September 11, 2023 Mayor Colbert called on Marion Serfass, Director, Finance to present the Item for consideration. It was moved to set a public hearing to discuss fiscal year 2023-24 supplemental general fund budget appropriations for October 2, 2023. Motion, Council Member Springsteen; second, Council Member Potter. Motion carried unanimously. Absent, Council Member Patel. 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 B. 23-3953 Request approval to spend $614,814 with LSG Landscape Architecture, Inc. for Maple Avenue & Church Street Streetscape landscape construction/installation (Phase II). Mayor Colbert recognized Leslie Herman, Director, Parks and Recreation to present the Item for consideration by Council. The following incudes comments from Council: • Use of annuals would require contract watering (maintenance) at a cost estimate of $80,000; this expense is not included in the proposal; • Concerned that this will commit future Councils to an annual expenditure that was not in the original budget; • Should consider options that will adhere to the original budget; Eliminating pots $43,680, and utilizing perennials rather than annuals would allow for this; • Removal of two trees at $33,750 and stump work at $33,800 was not included in the original proposal; • Council agreed that use of pots should be eliminated from the proposal. A motion was made to approve the procurement amount of expenditures with LSG Landscape Architecture, Inc. for Maple Avenue and Church Street Streetscape landscape construction/installation to include stump removal and tree planting from accounts listed above under RFP 23-26 with the project to include only annuals at intersections. A motion was made by Council Member Anderson, seconded by Council Member Springsteen, that the Action Item be approve. 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. 23-3949 Request approval for the continuation of repairs to trunk sanitary sewer as outlined in a 2020 Greeley and Hansen Report for the out of Town Sewers refined by a recent Dewberry Technical Memorandum dated June 2023 to the County. Mayor Colbert called on Adam Layman, Interim Director, Public Works, to present the Item for consideration. Town of Vienna Page 4 Printed on 9/26/2023 Town Council Meeting Meeting Minutes September 11, 2023 It was moved to approve funding in the amount of $1,730,643 to Tri-State Utilities for repair of the Wolftrap Creek interceptor. Motion, Council Member Anderson; second, Council Member Potter. Motion carried unanimously. Absent, Council Member Patel. A motion was made by Council Member Anderson, seconded by Council Member Potter, that the Action Item be approve. 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. 23-3950 Request approval for spending $693,861.17 with Arthur Construction Co., Inc. for construction of Robinson Trust Sidewalk Projects at Hillcrest Drive, SW, from Meadow Lane to Kingsley Road, and on Beulah Road, NE, from Edwin Lane to Sideling Court. Mayor Colbert once again recognized Adam Layman, Interim Director, Public Works, to present the Item for consideration. Council questioned why the Red Oak tree is on the schedule for removal to accommodate the sidewalk. It was understood that the tree could be saved. Staff indicated that a meeting will be scheduled with the homeowner, the Town arborist and public works to discuss the issue. A motion was made to approve the spending of $458,082.57 with Arthur Construction Co., Inc. for construction of sidewalk improvements for the west side of Hillcrest, Drive, SW, from Meadow Lane to Kingsley Road as described in the report, and it was further moved to approve the spending of $235,778.60 with Arthur Construction Co., Inc. for construction of sidewalk improvements for the west side of Beulah Road, NE, from Edwin Lane to Sideling Court as described in the report. Motion, Council Member Anderson; second Council Member Springsteen. Motion carried unanimously. Absent, Council Member Patel. Council Member Springsteen requested that Staff report to Council the results of the meeting with the homeowner. Mayor Colbert called for a break at 9:20 PM. Council resumed at 9:25 PM. A motion was made by Council Member Anderson that the Action Item be Failed. 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 E. 23-3954 Code Create Vienna - Direction to Staff on Draft Chapter 18 Zoning and Subdivision Ordinance; second meeting. Mayor Colbert called on Marion Serfass, Director Finance and Leslie Herman, Director, Parks and Recreation to clarify information presented under Item B. Request approval to spend $614,814 with LSG Landscape Architecture, Inc. for Maple Avenue & Church Street Streetscape landscape construction/installation, (Phase II). Town of Vienna Page 5 Printed on 9/26/2023 Town Council Meeting Meeting Minutes September 11, 2023 Director Serfass noted that Council previously approved $83,000 for the project. Tonight Council approved $600,000 for Phase II. The difference between the $600,000 budgeted and the final figure is due to tree and stump removal and tree planting. This expense will be covered through the capital fund. Council indicated approval stating that Council had previously been informed of the need for removal and/or replacement of trees in order to achieve a healthy tree population along Maple Avenue. Mayor Colbert called on Jessica Plowgien, Chairman, Planning Commission to join the discussion of the Code Create draft review. Two suggested changes offered by the Planning Commission (and voted on by Council at the last meeting) were presented for further explanation. Both Items are in Article 3 (Use Table). • Change from Conditional Use to Permitted Use: Planning Commissioners suggested changing Upper Story Residential from Conditional to Permitted Use in AW and AE. With height restrictions and other building restrictions, including setbacks, in AW and AE the Planning Commission does not believe permitting this use will change the character of the zones. Further, upper story residential is currently allowed along Maple Avenue and could potentially add a level of diversity in housing options. Council expressed concern with the overall viability of commercial space in these zones. Requiring a conditional use permit would allow for greater scrutiny. Conversely, the potential for housing diversity is a strong reason to support the suggested change. A motion was made to support the Planning Commission suggested change to permitted use of upper story residential from conditional use to permitted use in AW and AE (Reference Section 18-304, Principal Use Table). Motion, Council Member Potter; second, Council Member Somers. Motion passed in a 4-2 vote. Absent, Council Member Patel. • Change from Permitted Use to Conditional Use: Planning Commissioners suggested changing Hotel to Conditional Use for AC. Given the nature of a hotel (level of activity, lighting, etc.) the Planning Commission has concerns regarding the neighboring residential and suggests the additional protection afforded by applicants going through the process. A motion was made to accept the Planning Commission recommendation to revert to the original code language with current standard where hotels are a conditional use in AE, AW, and AC. Motion, Council Member Somers; second, Council Member Anderson. Motion carried unanimously. Absent, Council Member Patel. The following is a summary of Council decisions regarding the Planning Commission recommendations for items that do not require a public hearing and that do not overlap with any item addressed to date. Town of Vienna Page 6 Printed on 9/26/2023 Town Council Meeting Meeting Minutes September 11, 2023 • Article 2: Section 18-220 Residential – Multi-Unit Zone: revise Section to increase required percentage of Open Space (instead of the currently proposed 30%). Council noted that most viable multifamily housing designs come in at about 70% lot coverage. Recommend that Town accept a commercial average. Must incentivize as many different types of housing as possible. Draft language will be retained. • Article 2: Section 18-226 Gateway South District (GS): Planning Commissioners voiced concerns about whether the proposed height, setbacks and building dimensions for Gateway South are appropriately tailored for that site. Draft language will be retained. • Article 3: Section 18-307 Adult Business: Revise subsection 1(B) to state that an Adult Business will be prohibited from receiving a use permit if: “[t]he use is located closer than 1,000 feet to the property of any church, school or Child Care Center. A motion was made to include the following language for adult business uses “the use is located closer than 1,000 feet to the property of any church, school or child care center. Motion, Council Member Anderson; second, Council Member Springsteen. Motion carried unanimously. Absent, Council Member Patel. • Article 3: Section 18-350 Upper-Story Residential: Address concerns that mixed-use buildings contain meaningful commercial space open to the public on the ground floor. o Suggest language change from “at least half” to “more than half”; o Stairs and elevators considered along with foyer; o Fire stairs considered occupiable space; o Don’t want residential to rule along the Maple Avenue corridor; o Goal to protect commercial space while continuing to incentivize residential above. A motion was made to add the requirement that 75% of ground floor space be used solely for nonresidential uses unless a change is approved through a site plan modification. Motion, Council Member Anderson; second, Council Member Potter. Motion passed in a 5-1 vote. Absent, Council Member Patel. • Article 5; Sections 18-503 Architectural Review (13); Subsection 2; Section 18-511 Parking Lot Landscaping (14); and 18-512 Buffer Between Zones (15). 13. Per Board of Architectural Review (BAR), add language, regarding lights on buildings with one change from the BAR’s original recommendation. Recommend a motion to add the following sentence at the end of subsection (2): “[i]t shall also include any alterations of a building using lights that are placed in a configuration to outline the architectural features of the building, including, but not limited to, Town of Vienna Page 7 Printed on 9/26/2023 Town Council Meeting Meeting Minutes September 11, 2023 windows, doors, parapets and fascia and should be submitted as an exterior modification. 14. The draft code requires “at least one (1) tree and at least four (4) large shrubs” in interior landscaping islands. Recommend a motion to revise the requirement to “at least one (1) tree per 150 square feet of parking island area. 15. The draft has requirements for buffers between zones to include a “masonry wall (no CMU).” Recommend a motion to revise the description to “architectural masonry (no grey block)” instead. A motion was made to approve the suggested amendments for Items 13, 14, and 15 (Per memorandum from David Levy, Director, Planning andZoning/Kelly O’Brien, Deputy Director, Planning and Zoning, dated August 13, 2023, page 3 paragraphs 2-7) of Article 5 as recommended by the Planning Commission. Motion, Council Member Anderson; second, Council Member Potter. Motion carried unanimously. Absent, Council Member Patel. The following is a summary of Council decisions with regard to recommendations from ZoneCo. Section 18-108 Effective Date – An ordinance typically becomes effective ten days after it has been passed. Given the need for training time of Staff, public, etc. it is recommended that should the draft code be adopted on October 23, 2023, the effective date will be January 1, 2024. Applications prior to January 1, 2024 will be assessed through the old code. However, if an applicant is in the second round and would prefer to be assessed under the new code, the process can be stopped and the application can be resubmitted. Approved. No motion is required for this decision. Section 18-207 Lot line definition – revise definitions of a “side lot line” and a “rear lot line”. Approved. No motion is required for this decision. Section 18-208 Corner lot definition – return to original definition. Approved. No motion is required for this decision. Section 18-215 Definition of deck – additional clarifying language should be added “a patio or paved area is not a deck”. Approved. No motion is required for this decision. Section 18-305 Definition of Dancing and Live Entertainment – add definition as any entertainment involving performances, or delivery of entertainment by one or more persons, including but not limited to: musical ensembles, solo performers, deejays, karaoke, comics/comedians, theatrical acts (when performed in a venue other than a theater) and dancing. Live entertainment does not include piped-in background music inside a facility, where no “live” person is actively involved in the playing of the music, or an entertainment production conducted at a school. Approved. No motion is required for this decision. Section 18-328 Definition of Companion animal - Companion animal means any domestic or feral dog, domestic or feral cat, guinea pig, hamster, rabbit not raised for human food or fiber, reptile, exotic or native bird, or any animal under the care, Town of Vienna Page 8 Printed on 9/26/2023 Town Council Meeting Meeting Minutes September 11, 2023 custody, or ownership of a person or any animal that is bought, sold, traded, or bartered by any person. Wild or exotic animals are not included in this definition as defined in Vienna Town Code, Chapter 3 Animals and Fowl, Article 4. Keeping of Wild, Exotic or Vicious Animals Prohibited. Council recommended removing the terms “feral and domestic from the definition. Approved. No motion is required for this decision. Section 18-336 Outdoor Displays – add clarification; the Council could revise use standards for Outdoor Display and Sales to add the following italicized language: 1. Regulations within this Chapter that govern outdoor storage and display shall apply in all nonresidential districts and zones. Approved. No motion is required for this decision. Division 6 Signs – add section to clarify definitions as recommended. Approved. No motion is required for this decision. Section18-490 Title Revision -clarify heading to read Certificate of Approval Required. References to be corrected. Approved. No motion required for this decision. Section 18-602 Key Terms - definition for lot modification will be added. Approved. No motion required for this decision. Section 18-820(4) BZA Standard of Review – add standards for comparison. Approved. No Motion required for this decision. Mayor Colbert requested that Council state any additional changes to the draft. Additional suggested changes included the following: • Duplexes - units per gross area stated as 20/acre when all other multifamily is set at 10/acre. Corrected language will state that two attached development sites shall have a minimum lot size of 8,000 sq. ft. (from stated 10,000 sq. ft.) and the units per gross acre shall be 10 (from stated 20) (Site Development Chart page 2-19 draft). A motion was made to change the language in Section 18-220 to state that two attached development sites shall have a minimum lot size of 8,000 sq. ft. (from stated 10,000 sq. ft.) and the units per gross acre shall be 10 (from stated 20). Motion, Council Member Anderson; second, Council Member Brill. Motion carried unanimously. Absent, Council Member Patel. • Funeral Homes – change from permitted to conditional. Council rejected the suggested change. • Properties with different zoning designation based upon the size of the property – difficult topic. Decision was made to avoid making changes to the residential areas during this rewrite. Council has option to direct the Department of Planning to take this up as a separate project. Such a project would ultimately require both a conference session to bring Council up to date, and a public hearing. Currently, these can be dealt with through “nonconforming lots”. • Animal Boarding – Residential animal boarding exists in noncompliance with the Code; Any change in language would require a public hearing. Town of Vienna Page 9 Printed on 9/26/2023 Town Council Meeting Meeting Minutes September 11, 2023 With no further comments from Council Mayor Colbert thanked Director Levy, Deputy Director O’Brien and Staff for the effort expended in bringing forward the draft. Director Levy noted that the updated draft will be brought back to Council on October 2, 2023 for approval to direct staff to advertise an intent to adopt. The draft will be presented for adoption on October 23, 2023. Council Member Anderson requested a list of all changes identified from the meetings of August 28, 2023 and September 11, 2023, to include which group offered the change and the date it was approved by Council. 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 6. Meeting Adjournment Mayor Colbert called for a motion to adjourn at 11:00 PM. Motion, Council Member Anderson; second, Council Member Springsteen. A motion was made that this was adjourn. The motion carried unanimously. 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 9/26/2023