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Town Council Meeting

Regular Meeting

Vienna, VA · November 13, 2017

AgendaMinutes

Minutes

Town of Vienna Charles A. Robinson Jr. Town Hall 127 Center Street South Vienna VA, 22180 Meeting Minutes Town Council Meeting Monday, November 13, 2017 8:00 PM Charles A. Robinson, Jr. Town Hall, 127 Center Street, South Regular Council Meeting Invocation: John Russo, Vice Chairman of the Local Spiritual Assembly of the Baha'is of the Town of Vienna, Virginia Pledge of Allegiance to the Flag of the United States of America 1. Roll Call Present: 7- Council Member Tara Bloch, Council Member Linda Colbert, Council Member Pasha Majdi, Council Member Douglas Noble, Council Member Carey J. Sienicki, Council Member Howard J. Springsteen and Mayor Laurie DiRocco 2. Approval of the Minutes: A. 17-653 Approval of the Minutes of the Regular Council Meeting of October 30, 2017 It was moved to approve the minutes of the regular Council meeting of October 30, 2017 as submitted. A motion was made by Council Member Sienicki, seconded by Council Member Colbert, that the Minutes be approved as submitted. The motion carried by the following vote: Aye: 7- Council Member Bloch, Council Member Colbert, Council Member Majdi, Council Member Noble, Council Member Sienicki, Council Member Springsteen and Mayor DiRocco 3. Receipt of petitions and communications from the Public A local Eagle Scout introduced himself to Council, he is working on getting more Eagle Palms. Mr. John Rooney, 104 Harmony Drive addressed Council regarding rumors of a proposed Drug and Alcohol rehabilitation center on Harmony Drive. They only have two concerns about this, one is they hope that before any official decisions are made the residents will have the ability to participate in any decision making process so they can voice their concerns. The second is the logistical issues since it is in a residential area and the amount of parking they would need. Ms. Patrice Robitai, 213 Glenn Ave SW addressed Council regarding 380 Maple Avenue West. She wanted to voice their worries about the proposed developments at 380 Maple Avenue. They live about 100 yards from this and walk by it every day. They are also worried about the additional impact that the proposed development at the corner of Nutley and Maple Avenue will have on their quality of life. Mr. John Pott, 134 Wade Hampton Drive addressed Council regarding the same issue on 380 Maple Avenue West and is petitioning Council to raise a formal working Town of Vienna Page 1 Printed on 12/12/2017 Town Council Meeting Meeting Minutes November 13, 2017 group of the neighborhood to work along side of Council and the Planning Commission to get their concerns across. They would like to form this working group because they think these issues are so profound. 4. Reports/Presentations A. 17-643 2017 Halloween Parade Awards Attachments: 2017 Parade Winners Mayor DiRocco along with Peggy James, James Cudney and D.H Scarborough of the Vienna Business Association and Leslie Herman, Director of Parks & Recreation, presented the 2017 Halloween Parade Awards. B. 17-656 Proclamation for National Recycling Day - November 15, 2017 Mayor DiRocco presented a Proclamation designating November 15, 2017 as National Recycling Day in the Town of Vienna. A motion was made that the Proclamation be approved. The motion carried by the following vote: Aye: 7- Council Member Bloch, Council Member Colbert, Council Member Majdi, Council Member Noble, Council Member Sienicki, Council Member Springsteen and Mayor DiRocco A. Report and Inquiries of Council Members Councilmember Majdi asked the Town Attorney and Zoning Director for an update on the Bey Lounge issue. He asked about the status and what the town is doing. Mr. Briglia reported that the Bey Lounge conditional use permit (CUP) for live entertainment with conditions that was issued two years ago and then renewed for one year is up for annual renewal and at the same time the Town has filed a request for the Board of Zoning Appeals to consider revoking the CUP. They are both going to be heard this upcoming Wednesday evening, November 15th and it is a Public Hearing. The Planning Commission did recommend renewal with terms. It is a recommendation so the BZA is not bound by that and will conduct their own public hearing. At the very least he thinks the town would suggest that they not renew it unconditionally, if they are inclined to renew it then it should be with conditions. Councilmember Majdi suggested to Council that if the CUP is granted and if they have another noise complaint, he thinks Council should take a look at changing the code so that repeated noise violations have increasing fines and not just viewed as a cost of doing business. We are not there yet and hopefully it doesn't occur, but if he does he will ask the Town Manager to draw up some legislation to fix that. Councilmember Majdi ask a few questions about the Community Center. The first was on the flooring. He thought there was still something missing that was still forthcoming. He said the flooring, aesthetically, is not very pleasing, it looks kind of industrial. He knows there was a back in forth about it and thought there was a resolution forthcoming but his understanding now is that the flooring that is there now is the final product. He asked if this is accurate and if so he thinks they should do something about it because it is not a very good product. Ms. Leslie Herman Director of Parks & Recreation stated that it is one of the punch list items. They are also purchasing a 10' round rug with the Town Logo on it that will be put down in the center of the lobby. The second issue is the lighting in the parking lot. The ambient lighting there is not very bright and he thinks the way it looks right now is that it is way too bright. He Town of Vienna Page 2 Printed on 12/12/2017 Town Council Meeting Meeting Minutes November 13, 2017 asked if they have options to change the lighting and make it less bright or color it differently. Ms. Herman will ask the architect and get back to Council. Councilmember Colbert asked if the lights stay on all night. Ms. Herman believes they stay on for the majority of the night but will check on it. Councilmember Noble asked how many major and minor items are on the punch list for the Community Center. Ms. Herman stated that more have been addressed and they are still working and making progress. Councilmember Noble reported that after their work session last week with VDOT, Linda Smythe also hosted a meeting at Marshall Road Elementary that he also attended. Basically at that meeting they laid out the big long strip maps of the entire corridor and had individuals from the project team talking to residents about different issues. There was nothing new from what was presented at the work session. He asked Mr. Gallagher for an update on the data collection. Mr. Gallagher stated that VDOT is collecting data on Nutley Street, Marshall Road, Kingsley, Tapawingo and Courthouse and those are collecting volume and speed as well as camera monitoring at Tapawingo, Kingsley and Nutley to count turning movements for a 24 hour period. The idea is every 6 months they will be processing the data and providing it to the town. Councilmember Noble congratulated the James Madison field hockey team for making the first round of the state playoffs. Unfortunately they lost to Woodson High School. Councilmember Springsteen reported on the Annual Turkey Trot coming up on the 18th. Councilmember Sienicki thanked all the Veterans in the community for all that they have done especially to the American Legion Post 180 for making sure that Veterans are recognized in the community, it is a wonderful thing that they do. B. Report of the Town Manager Mr. Payton thanked all the staff for all the hard work that they do, particularly the Police Officers, Public Works employees that are out in the cold and Parks & Recreation as well. C. Report of the Mayor Mayor DiRocco reminded everyone that Mayors @ Your Service is going on the road and is hoping that everyone will join her at the Vienna Inn on November 14th at 7:30 p.m. There will be stories and conversation about the history of the Vienna Inn which is one of the town's oldest establishments. She hopes everyone can come out and enjoy some chili dogs and some interesting Vienna history. Mayor DiRocco also reported that she attended the Gala for the150th Anniversary of the First Baptist Church and presented the Town's Proclamation from Council to Pastor Walton. She also spoke on some of the history of the church. It was a wonderful evening and a nice celebration. Mayor DiRocco wished everyone a wonderful and safe Thanksgiving Holiday and also thanked the Town staff for all they do. D. Proposals for Additional Items to the Agenda Town of Vienna Page 3 Printed on 12/12/2017 Town Council Meeting Meeting Minutes November 13, 2017 None E. Closed Session It was moved that the members of the Vienna Town Council be polled to affirm that during the first Closed Session convened this date, Monday, November 13, 2017, the Town Council met for purposes of discussion of personnel matters, specifically the interviewing of individuals for consideration of appointment 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 later this date, Monday, November 13, 2017 at the conclusion of the regular Council meeting in accordance with Virginia Code Section 2.2-3711A(7), for purposes of consultation with legal counsel and briefings by staff members pertaining to actual or probable litigation. A motion was made by Council Member Tara Bloch, seconded by Council Member Carey J. Sienicki, that this item was approved.. The motion carried by the following vote: Aye: 7- Council Member Bloch, Council Member Colbert, Council Member Majdi, Council Member Noble, Council Member Sienicki, Council Member Springsteen and Mayor DiRocco 5. Public Hearings A. 17-646 Public hearing to consider Planning Commission recommendations on proposed amendments to Section 18-72 - (Restaurants) C-1 Permitted Uses under Article 11, and Section 18-4 - Definitions under Article 2 of Chapter 18 of the Vienna Town Code. Attachments: Restaurant Ordinance 11-13-17 RESTAURANT CODE CHANGE - CHAPTER 18 - ARTICLE 11 RESTAURANT CODE CHANGE - CHAPTER 18 - ARTICLE 2 TC STAFF REPORT - RESTAURANT CODE CHANGE - 11-13-17 Mayor DiRocco called the public hearing to order at 8:55 p.m. The Town Clerk called the roll and all members of Council were present. Patrick Mulhern, Director of Planning & Zoning explained that this is the first of many amendments to the Zoning Ordinance they hope to bring forth resulting from the prioritization at a work session several months ago. This one deals with restaurants and being more business friendly in locating restaurants and reducing some of the restrictions. Because this is a public hearing he presented a brief presentation to review some of the changes and the rationale. He explained that back in 1956 restaurants were allowed by right in any commercial district. This is an unusual case where they actually want to go back to the old ordinance because it made a lot more sense and was more business friendly. In Town of Vienna Page 4 Printed on 12/12/2017 Town Council Meeting Meeting Minutes November 13, 2017 February of 1971, limits were put on restaurants with certain criteria where the objective was to attract more quality restaurants as well as larger and family restaurants. The intent of this section was to encourage quality restaurants that appealed to families and enhance the appearance of the town. At the time there were smaller drive thru restaurants that were coming through and there was a desire to stop that trend. In 2005 there was an amendment in the shopping center that dealt with square feet and four retail stores together rather than five. Mr. Mulhern further explained the slides of the power point presentation. Ms. Estelle Biros, 200 Ceret Court, SW addressed Council stating that she has some concerns about the addition of the category "restaurant carry-out" under permitted uses. Under current zoning, restaurants have always been able to offer carry-out service as incidental to normal operations. Most restaurants in Vienna do this and this use is clearly spelled out in subsection "incidental uses" of Section 18-72, however, under the proposed amendments the category "restaurants carry-out" has been added to the list of permitted uses in the C-1 zone. These carry-out restaurants don't have any seating at all as she understands it. In what the restaurant industry refers to as carry-out only, delivery only or even ghost or virtual restaurants, in the definition section of the current zoning code, the same activity is essentially called carry-out food business. It is defined but strangely isn't referred to anywhere else in the code, except in definitions. She is concerned that these carry-out restaurants will create multiple problems of their own. Since these restaurants would not provide any seating, food orders would have to be either picked up or delivered. In the first case, if they are picked up, there would be a steady stream of cars entering and leaving the restaurant site for for pick-up. Unless she is mistaken the business in question could request, subject to certain conditions, a use permit under section 18-210 for a drive-thru facility which would include a drive thru window or windows and stacking spaces for vehicles. In the second case, delivery, delivery vehicles parked on the restaurant property might constitute and eye sore. To avoid that the virtual restaurant would have to comply with section 18-76 which stipulates, among other things, that cars parked in open areas next to a business, be so located as to not be visible from the principal street on which the premises face. It is possible, she guesses, but it is all complicated. She cringes at the thought that a zoning code that permits carry-out only restaurants, by right, would result in a proliferation or pizza, taco, bbq, crepe, asian and kabob vendors in our town, which seems to run counter to the paragraph on restaurants of subsection 18-72 of the present code. This reads in part "it is the intent of this section to encourage quality restaurants which will enhance the appearance of the town and afford the opportunity for dining in an aesthetically pleasing atmosphere. Regrettably in the proposed amendments that paragraph has been deleted. She doesn't think the residents of Vienna want more take-out restaurants, more pizza delivery like drivers jotting in and out of traffic or more drive thru windows. In summary she is in favor of the amendment that does away with the requirement for a minimum number of seats in restaurants and free standing buildings, at the same time, she is strongly opposed to the addition of restaurant carry-out to the list of permitted uses under the C-1 zoning regulations. She asks that Council consider the implications of that addition very carefully before voting on it. Councilmember Noble asked how the multiple delivery places we currently have, work under the existing code if they are not permitted in existing code. Mr. Mulhern stated that the definition changed. It is defined now as carry-out food business and the Planning Commission is recommending taking that out and allowing carry-out to be by right just like restaurants. Councilmember Noble asked how it was Town of Vienna Page 5 Printed on 12/12/2017 Town Council Meeting Meeting Minutes November 13, 2017 permitted before. Mr. Mulhern stated it is just the way it is defined not how it is permitted. It was not defined as a restaurant, it was defined as a carry-out food business which was allowed in the code. Councilmember Majdi asked if this is a policy change or just a definition change. Mr. Mulhern stated it is just a definition change. Councilmember Majdi clarified that as it stands right now, carry-out is fully allowed just defined as carry-out. Mr. Mulhern stated that was correct. Mayor DiRocco clarified that he is saying it is a by right use under restaurants. Mr. Mulhern stated that was correct. Councilmember Majdi asked if under the current code, do we limit carry-out restaurants and food in some way and if so how do we do so. Mr. Mulhern stated that you could require a CUP for carry-out if you wanted to, it is not normal in the marketplace. Councilmember Noble asked why we are re-wording it if it is currently in the code, what does that gain us or lose us from the conversation. Mr. Mulhern stated the Planning Commission thought that a carry-out restaurant should have equal standing in the by right and not have a separate definition, and it is a by right, but it had a separate definition and they suggested changing that. The Planning Commission is recommending by-right restaurants without all the conditions and requirements and by-right restaurant carry-outs. Mr. Joe Daley asked why they are making changes. It would help if they would define the purpose of the change, explicitly when you wanted to make changes and if your code doesn't make it clear, then in line with the purpose you specifically make changes so we can all support it or raise questions about it. It is clear they do not all understand the changes that are being proposed. He also doesn't understand why they are reducing 125 seats for a restaurant, it may be a good purpose but he doesn't understand why it existed and why they feel it is necessary. Mayor DiRocco explained that these are recommendations by the Planning Commission so some of these recommendations and based on them reviewing it they came out with changes that they thought would be recommended. The reason why it is being looked at is because there are a lot of spaces that are open that might be used for a restaurant but right now they would not qualify because they have to have a 125 seat minimum as well as a certain amount or parking and there is not enough parking on these sites. Mr. Matt DiFiore, 207 Owaissa Court SE, stated that he agrees with the first lady that spoke. They are basically taking 125 and going down to maybe 5 seats in what they call a restaurant. It seems to him that there needs to be a lower limit too. You are going to take out the 125 and you have no standard that anyone has to meet to call it a restaurant. He would suggest that maybe 25-30 seats might be something that they think about. He also is interested to know if they have ever figured out how many properties might in fact want to develop. He has counted 47 office buildings that theoretically could have restaurants, they currently have 18 that are not allowed. He is also concerned that the one C-1 property in their neighborhood that could wreck havoc with the neighborhood with taking this out. He strongly recommends if this goes forward there be some caveat be put in to it that C-1 within the MAC district is eligible for this because he doesn't particularly want potential carry-out places in the first floor of 901 Glyndon. He doesn't know if anyone has considered that and they are pretty disappointed that when the approval went Town of Vienna Page 6 Printed on 12/12/2017 Town Council Meeting Meeting Minutes November 13, 2017 through as a by right development, but there is no way people are going to put up with on street parking, especially if it is carry-out. Councilmember Bloch asked if the building on the corner of Glyndon and Tapawingo had four occupant spaces could they currently put a carry-out in there by right. Mayor DiRocco asked if they could have a carry-out right now. Mr. Mulhern stated that they can put a carry-out in there right now without changing the definition. There is no indication right now on what those end users are now. Mayor DiRocco stated that she understands the concern in that area because it is sitting within a residential zone. Councilmember Sienicki asked Mr. Mulhern if other municipalities typically have a lower limit, less than 125, on the number of seats in a restaurant. Mr. Mulhern stated that he is not aware of it. It is more by right and controlled with the parking requirements. Councilmember Majdi asked if the Planning Commission had discussion on the minimum seating. Mr. Mulhern stated he does not remember them having a discussion on that. Councilmember Bloch asked if the Maple Avenue Restaurant was grandfathered in through previous zoning. There is not a 125 seats in there and is a free standing building. Mr. Mulhern stated when the 1971 code was adopted, anything that was built before that is grandfathered unless it discontinues the use for two years. Mr. Briglia stated it is a pre-existing non-conforming use that has been in continuous operation since prior to 1971. It started there as a donut shop. A resident asked (could not hear her name), if the restaurant carry-out, which she believes by definition, doesn't have any seating how much parking is required. Mr. Mulhern stated you would default to the 1-200 square foot requirement in the commercial zone. It was moved to close the public hearing. Motion: Councilmember Sienicki Second: Councilmember Colbert Carried unanimously It was moved to approve Planning Commission-recommended amendments to Section 18-72 - (Restaurants) C-1 Permitted Uses under Article 11 of Chapter 18 and Section 18-4 - Definitions under Article 2 of Chapter 18 of the Vienna Town Code. It was further moved to direct the Town Clerk to advertise a Notice of Intent to Adopt the ordinance changes. Motion: Councilmember Sienicki Second: Councilmember Majdi Carried unanimously A motion was made by Council Member Sienicki, seconded by Council Member Majdi, that the Action Item be approved. The motion carried by the following vote: Aye: 7- Council Member Bloch, Council Member Colbert, Council Member Majdi, Council Member Noble, Council Member Sienicki, Council Member Springsteen and Mayor DiRocco B. 17-647 Public Hearing on the 2018 Legislative Agenda Attachments: 2018 Legislative Agenda Draft 11 02 2017 Town of Vienna Page 7 Printed on 12/12/2017 Town Council Meeting Meeting Minutes November 13, 2017 Mayor DiRocco called the Public Hearing to order at 9:42p.m. The Town Clerk called the roll and all members of Council were present. Mr. Briglia explained that what was attached to the agenda was the draft of the Town of Vienna 2018 Legislative Agenda as a result of what he would call a carry over request to the General Assembly from last year along with some tweaks after the work session. They address long standing requests to the General Assembly from the Town of Vienna to address issues relating to sidewalk funding, long standing full funding requests for public safety (599 funding), local road maintenance formula amendments which would address road usage as opposed to lane mileage formulas, a public procurement edit which would permit the town to ride or use other jurisditions competively bid construction contracts for amounts that don't exceed $200,000, a request to amend or update the advertisement requirements for public notices, the issue of towns being a voting member of Northern Virginia Transportation Authority, a general opposition to General Assembly bills that would reduce or eliminate local land use authority, revenue sharing mechanisms, a provision where the Town of Vienna supports the Virginia Municipal League's legislative program and a bill that time was spent on last year that we made some tweaks on our local ordinance about the replacement of trees during re-development or development. There is also probably going to be bills that are going to restrict the local regulation of the use of the right of way which is problematic because there is a constitutional requirement that localities regulate the use of the right of way and provide licenses or franchises and doing it legislatively by an act of the General Assembly, may put us in conflict of what we are obligated to do under the constitution. Mayor DiRocco stated that she knows some of these are from last year that our Delegate or Senator put forward but did not pass through the General Assembly and she knows there are some they are willing to take on again and we will see if that happens. She mentioned there was an extra sentence in #4 that should be taken out and also that #9 and #12 are pretty much the same and doesn't think we need # 9 and should be taken out but should keep #12 as it relates to the legislative program. She did speak with a number of other jurisdictions regarding the town's vote on NVTA and she knows that both Herndon and Leesburg also have it in their legislative agenda so we will see if it goes anywhere. She knows it did have some traction but unfortunately didn't pass last year. There is some concerns on how NVTA was created by the state government so therefore changes to it could open up some of those concerns. Also she mentioned in #6 it should say Northern Virginia Towns and not Towns since it only focuses on Northern Virginia. It was moved to close the Public Hearing. Motion: Councilmember Bloch Second: Councilmember Noble Carried unanimously Following the opportunity for the public to provide input on the proposed Legislative Agenda, it was moved to approve the proposed 2018 Town of Vienna Legislative Agenda as amended. Motion: Councilmember Bloch Second: Councilmember Noble Carried unanimously A motion was made by Council Member Bloch, seconded by Council Member Noble, that Town of Vienna Page 8 Printed on 12/12/2017 Town Council Meeting Meeting Minutes November 13, 2017 the Action Item be approved. The motion carried by the following vote: Aye: 7- Council Member Bloch, Council Member Colbert, Council Member Majdi, Council Member Noble, Council Member Sienicki, Council Member Springsteen and Mayor DiRocco 6. Regular Business A. 17-636 Andrew Minor Subdivision Performance Bond Extension Request Attachments: Andrew Minor Bond Estimate Andrew Minor LOC Reduction Andrew Minor LOC Request for extension of the bond on the Andrew Minor Subdivision.. It was moved to extend the public improvement bond for the Andrew Minor subdivision for an additional 12 months, to expire November 30, 2018. A motion was made by Council Member Colbert, seconded by Council Member Bloch, that the Action Item be approved. The motion carried by the following vote: Aye: 5- Council Member Bloch, Council Member Colbert, Council Member Noble, Council Member Sienicki and Mayor DiRocco Nay: 2- Council Member Majdi and Council Member Springsteen B. 17-634 Request to award IFB 18-10 and FY18 spending for Yard Waste Disposal Attachments: IFB 18-10 Summary and Recommendation IFB18-10FINAL It was moved to award IFB 18-10 to and approve FY18 spending for yard waste disposal with Freestate Farms, LLC of Manassas, VA in the amount of $34,000. A motion was made by Council Member Springsteen, seconded by Council Member Bloch, that the Action Item be approved. The motion carried by the following vote: Aye: 7- Council Member Bloch, Council Member Colbert, Council Member Majdi, Council Member Noble, Council Member Sienicki, Council Member Springsteen and Mayor DiRocco C. 17-635 Request additional FY18 spending with Water Works Supply Attachments: IFB 17-13 Summary and Bid Tabulation PO 20180069 - Water Works Supply It was moved to approve additional FY18 spending in the amount of $30,000 with Water Works Supply, utilizing IFB 17-13. A motion was made by Council Member Bloch, seconded by Council Member Noble, that the Action Item be approved. The motion carried by the following vote: Aye: 7- Council Member Bloch, Council Member Colbert, Council Member Majdi, Council Member Noble, Council Member Sienicki, Council Member Springsteen and Mayor DiRocco D. 17-650 Intent to adopt Planning Commission recommended changes to BZA voting requirements, per Section 18-241- Decisions of Board, to be consistent with State of Town of Vienna Page 9 Printed on 12/12/2017 Town Council Meeting Meeting Minutes November 13, 2017 Virginia Code (15.2-2312). Attachments: TC STAFF REPORT - BZA MEMBERS VOTING CODE CHANGE - 11-13-17 Sec._18_241.___Decisions_of_board wEdits per 15 BZA Voting Requirements Amendment to Section 18-241 – Decisions of board It was moved to adopt the Planning Commission-recommended code amendment to Section 18-241- Decisions of Board and direct the Town Clerk to advertise a Notice of Adoption. A motion was made by Council Member Sienicki, seconded by Council Member Colbert, that the Action Item be approved. The motion carried by the following vote: Aye: 7- Council Member Bloch, Council Member Colbert, Council Member Majdi, Council Member Noble, Council Member Sienicki, Council Member Springsteen and Mayor DiRocco E. 17-649 Request that Council set a public hearing and consider adoption of an ordinance relocating a polling place for Town elections. Attachments: PollingPlaceChange2017 It was moved to amend Chapter 2, Administration, Article 6, Section 2-68, Polling Place, re-designating the Vienna Community Center as the polling place for Town of Vienna local elections. It was further moved to direct the Town Clerk to advertise a Notice of Intent to Adopt. A motion was made by Council Member Sienicki, seconded by Council Member Springsteen, that the Action Item be approved. The motion carried by the following vote: Aye: 7- Council Member Bloch, Council Member Colbert, Council Member Majdi, Council Member Noble, Council Member Sienicki, Council Member Springsteen and Mayor DiRocco E. Second Closed Session It was moved that the members of the Vienna Town Council be polled to affirm that during the second Closed Session convened this date, Monday, November 13, 2017, the Town Council met for purposes of consultation with legal counsel and briefings by staff members pertaining to actual or probable litigation. 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, December 11, 2017 at 7:30 p.m. in accordance with Virginia Code Section 2.2-3711A(1), for purposes of discussion of personnel matters, specifically the interviewing of individuals for consideration of appointment and/or reappointment to Town Boards and Commissions. A motion was made by Council Member Bloch, seconded by Council Member Sienicki, that the be approved. The motion carried by the following vote: Aye: 7- Council Member Bloch, Council Member Colbert, Council Member Majdi, Council Member Noble, Council Member Sienicki, Council Member Springsteen and Mayor DiRocco Town of Vienna Page 10 Printed on 12/12/2017 Town Council Meeting Meeting Minutes November 13, 2017 7. Meeting Adjournment Meeting Recessed into closed session at 10:16 p.m. 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. 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 11 Printed on 12/12/2017

Agenda

Town of Vienna Charles A. Robinson Jr. Town Hall 127 Center Street South Vienna VA, 22180 Meeting Agenda Town Council Meeting Monday, November 13, 2017 8:00 PM Charles A. Robinson, Jr. Town Hall, 127 Center Street, South Regular Council Meeting Invocation: John Russo, Vice Chairman of the Local Spiritual Assembly of the Baha'is of the Town of Vienna, Virginia Pledge of Allegiance to the Flag of the United States of America 1. Roll Call 2. Approval of the Minutes: A. 17-653 Approval of the Minutes of the Regular Council Meeting of October 30, 2017 3. Receipt of petitions and communications from the Public Limited to 5 minutes per issue and no formal action can be taken this evening. 4. Reports/Presentations A. 17-643 2017 Halloween Parade Awards Attachments: 2017 Parade Winners B. 17-656 Proclamation for National Recycling Day - November 15, 2017 A. Report and Inquiries of Council Members B. Report of the Town Manager C. Report of the Mayor D. Proposals for Additional Items to the Agenda E. Closed Session 5. Public Hearings Page 1 Printed on 11/13/2017 Town Council Meeting Meeting Agenda November 13, 2017 A. 17-646 Public hearing to consider Planning Commission recommendations on proposed amendments to Section 18-72 - (Restaurants) C-1 Permitted Uses under Article 11, and Section 18-4 - Definitions under Article 2 of Chapter 18 of the Vienna Town Code. Attachments: Restaurant Ordinance 11-13-17 RESTAURANT CODE CHANGE - CHAPTER 18 - ARTICLE 11 RESTAURANT CODE CHANGE - CHAPTER 18 - ARTICLE 2 TC STAFF REPORT - RESTAURANT CODE CHANGE - 11-13-17 B. 17-647 Public Hearing on the 2018 Legislative Agenda Attachments: 2018 Legislative Agenda Draft 11 02 2017 6. Regular Business A. 17-636 Andrew Minor Subdivision Performance Bond Extension Request Attachments: Andrew Minor Bond Estimate Andrew Minor LOC Reduction Andrew Minor LOC Request for extension of the bond on the Andrew Minor Subdivision.. B. 17-634 Request to award IFB 18-10 and FY18 spending for Yard Waste Disposal Attachments: IFB 18-10 Summary and Recommendation IFB18-10FINAL C. 17-635 Request additional FY18 spending with Water Works Supply Attachments: IFB 17-13 Summary and Bid Tabulation PO 20180069 - Water Works Supply D. 17-650 Intent to adopt Planning Commission-recommended changes to BZA voting requirements, per Section 18-241- Decisions of Board, to be consistent with State of Virginia Code (15.2-2312). Attachments: TC STAFF REPORT - BZA MEMBERS VOTING CODE CHANGE - 11-13-17 Sec._18_241.___Decisions_of_board wEdits per 15 BZA Voting Requirements Amendment to Section 18-241 – Decisions of board E. 17-649 Request that Council set a public hearing and consider adoption of an ordinance relocating a polling place for Town elections. Attachments: PollingPlaceChange2017 Page 2 Printed on 11/13/2017 Town Council Meeting Meeting Agenda November 13, 2017 7. Meeting Adjournment 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. Page 3 Printed on 11/13/2017

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