City of Falls Church. CFO: Richard LaCondré DRAFT

1 2 City of Falls Church Meeting Date: Title: Approval of Minutes of the City 01-13-14 Council Meeting of November 12, 2013 Proposed Motion: Approve minutes as presented (corrected). Agenda No.: 13 (1) Originating Dept. Head: kcb Kathleen C. Buschow, City Clerk 703.248.5014 Disposition by Council: 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 City Manager: Wyatt Shields 703.248.5004 City Attorney: J. Patrick Taves 703.248.5010 CFO: Richard LaCondré 703.248.5092 DRAFT MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL FOR THE CITY OF FALLS CHURCH, VIRGINIA HELD IN THE COUNCIL CHAMBERS, 300 PARK AVENUE AT 07:30 P.M. Tuesday, November 12, 2013 These are summary minutes. The full video of the City Council Meeting may be viewed on the city website at www.fallschurchva.gov under City Council Meetings. CALL TO ORDER Mayor Baroukh called the meeting to order at 7:33 p.m., followed by the Pledge of Allegiance to the Flag. ROLL CALL At roll call, the following Members were present: Ms. Barry, Mr. Duncan, Mr. Kaylin, Mr. Peppe, Mr. Tarter, and Mayor Baroukh. Mr. Snyder was absent. Also present were: City Manager Wyatt Shields, City Attorney John Foster, and Deputy City Clerk Veronica Prince. VALIDATION OF NOTICE OF SPECIAL MEETING ADOPTION OF MEETING AGENDA MOTION: Ms. Barry MOVED, seconded by Mr. Kaylin, to approve the Meeting Agenda. Upon voice vote, without objection, the motion passed.

29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 PROCLAMATIONS -- None. OATH OF OFFICE TO NEW BOARD AND COMMISSION MEMBERS -- None. RECEIPT OF PUBLIC COMMENTS, REQUESTS, AND CONSENT ITEM COMMENTS. [The public may address Council for one 3-minute period. The Mayor may shorten the time allowed each speaker, depending on the length of the agenda and number of speakers. A chair or representative of a board, commission, or committee may make a 5- minute oral summary of the written report.] Nikki Koch (444 W. Broad Street) asked the Council to seriously consider the project proposed for the Burger King property rather than continuing to have a fast food restaurant at the location for another 20 years. Summary of Written Comments. The City Clerk summarized written comments as follows: On behalf of the VPIS Board of Directors, Michael Connelly urged Council to provide increased resources for streetscapes, trees, and business community issues. VPIS members are concerned that a lack of streetscape plans, especially as new development advances, may cause confusion over who is responsible for maintaining streetscapes. REPORT OF CITY MANAGER TO COUNCIL Kensington Project. Mr. Shields gave an update on the proposed Kensington Project in response to Ms. Koch s comments. He said the developer had briefed Council about a month ago, received comments back, and there had been follow up work with the Economic Development Committee (EDC) on a potential way forward with the project. Mr. Shields said he would meet with the developer the next morning to discuss those proposals and report back to Council on their response. Mayor Baroukh said he wanted the Council to be aware that the developer had reached out to meet with him and he had not yet responded. He asked if other Members had been contacted. Most Members confirmed that they had also been contacted. The Mayor said that if he agreed to the meeting, he planned invite staff members to attend and he suggested discussing the Council s approach for these invitations during Council member comments. Mr. Kaylin asked if there was a staff report for the Kensington project. Mr. Shields said staff was working out details in terms of architecture and fiscal impact to ensure the project met the exemplary status called for in the Special Exception Ordinance. Planning and Public Works staff were currently working on Harris Teeter and the Reserve at Tinner Hill; the Easter Seals Child Development Center (CDC) was in the process of getting a Certificate of Occupancy and would be opening on time. Staff was also working on a prioritized project for the Schools preschool on Cherry Street. Mr. Shields said he was providing this background to demonstrate that there were quite a few ongoing projects that a small number of people were working through in order to

66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 make staff to be available for other projects. He noted that the Spectrum Development Group had submitted a Special Exception application for a hotel, apartments and retail at the corner of West and Broad Streets. Election and Water System Referendum. Mr. Shields noted that the election had been held the previous Tuesday. He congratulated the Council Members-Elect and said City staff was looking forward to working with the new Council to achieve their vision and policy goals. Mr. Shields announced that the referendum on the water sale was approved by the voters and he thanked Council for working to inform the public about the referendum question. He thanked Acting Communications Director Amy Betor for doing a strong and capable job of informing the voters, as well as VPIS, LWV, CBC, the local Democratic and Republican parties, and citizen volunteers. Fairfax County and Fairfax Water also participated in the public outreach effort and he thanked Chuck Murray, Jeannie Bailey, Steve Edgeman, and Fairfax Water Board Member Tony Griffin for their participation in town hall meetings. Now that the referendum had passed, efforts to prepare for the transition were intensifying. Mr. Shields said the utility staff was leading the transition effort, which was complex and challenging. He thanked Mr. Foster for his tireless attention to the issue and for working through the thousands of details in the agreement. Mr. Shields said Brenda Creel and the Water Utility staff deserve thanks and commendation for their professionalism in seeing the transition through. He announced that there would be an event in December to honor current and retired utility staff for their contributions to the City and the region. Mr. Shields also congratulated David Bjerke and the Electoral Board on running another smooth election. Council Requests Ms. Barry asked the City Manager to express condolences from the Council on the untimely death of Ron Kirby, Director of Transportation at the Council of Governments. She noted that much about his passing was still unknown, but he was valued and was now gone. Mayor Baroukh requested an update on the traffic signal to be installed at Broad Street and Pennsylvania Avenue. Mr. Shields said a successful bidder for the installation had been selected and Council had approved the contract; the signal would be installed in the spring. The reason for the delay was that the City received a $100,000 proffer for the signal, but the cost of the signal alone was $250,000 and the intersection needed streetscape improvements which brought the total cost of the project to just over $400,000. He said the City did not have funds in the CIP to install the signal. During the recession, pay-as-you CIP projects were cut and the signal was one of the projects that had to be cut from the transportation budget. Funds were then obtained through the VDOT revenue sharing process, which took about a year, and VDOT agreed to provide a 50% match for the signal and streetscape improvements. Mayor Baroukh asked why there was a difference in the actual cost of the signal versus the proffer and Mr. Shields explained that at the time the proffer was made, the cost projection had been underestimated. The Mayor asked if the low projection was due to a miscalculation and if that was why developers were now responsible for installing traffic lights at new projects, which Mr. Shields confirmed. Mr. Shields noted that the developers for the Gateway and for the Reserve at Tinner Hill would be installing the traffic lights at those developments. Mayor Baroukh said he wasn t sure if it was necessary to formalize that policy, but Mr. Snyder was working on a checklist for developers and

111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 the EDC to follow while considering projects and he hoped this change could be incorporated into the list. Mr. Kaylin noted that Council sent a letter asking the School Board to explain how their fund balance policy would work because it could affect the transfer amount by two to three percent per year. He said that, given the impact the policy could have on the budget, it was important to get response prior to the joint City Council and School Board budget kickoff meeting to be held later in the week. Mr. Duncan asked if there were materials Council needed to review prior to the meeting with the School Board. Mr. Shields said that at the budget kickoff, materials were usually presented at the meeting. Mayor Baroukh asked that the Members-Elect of the Council and School Board also be invited to attend the meeting. He noted that the Planning Commission members were invited, but as member of the public and not as participants. He said that, historically, the meeting was for exchange of information regarding the City finances and revenue projections, as well as for the Schools to present trends they were seeing. Mr. Tarter asked if the new stoplight would include crosswalks with a countdown crossing. Mr. Shields said that was one of the principal reasons for installing the signal there -- to have a safe pedestrian crossing at that location. Mr. Tarter asked if the Planning Commission was considering going paperless and if that was an option for the Council. Mr. Shields said the Planning Commission had been discussing the possibility, but there had not been a decision on the feasibility. Mr. Tarter said he would like for the Council to consider the option and Mayor Baroukh agreed that it had been discussed from time to time and was worth considering again, especially if it would save money and staff time. Mayor Baroukh said the following disclosure regarding the CDC, made at previous meetings, still applied: I would like to disclose that my daughter is on the waiting list for the CDC and is in the process of being enrolled at the center (is enrolled), and will starting shortly, and that I am a member of a group of three or more people (those parents with children at Easter Seals or with children on the waiting list) who will be effected by Easter Seals' proposed project. Therefore, I can consider this matter fairly, objectively, and in the public interest. BUSINESS ON THE AGENDA Second readings of ordinances and other items requiring public hearings (TO13-29) ORDINANCE TO ADJUST THE BOUNDARY LINE OF THE CITY OF FALLS CHURCH WITH FAIRFAX COUNTY TO ANNEX AND INCORPORATE THIRTEEN PARCELS AND OTHER LAND INTO THE CITY AND TO ADOPT A VOLUNTARY SETTLEMENT AGREEMENT WITH FAIRFAX COUNTY. (John Foster, City Attorney)

10 (a) (1) (TO13-29) City Ordinance for Boundary Adjustment 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 Mr. Foster summarized the staff report presented to Council. MOTION: Ms. Barry MOVED, seconded by Mr. Tarter, to approve (TO13-29). The Mayor opened the matter to the public for discussion. There being no public comment and nothing in writing, the item was closed to public hearing and opened to the Council for discussion. Mr. Duncan asked when the water rate reduction component of the deal would take effect; the agreement said it would be within two years, but he wondered if it was possible for that to occur sooner. Mr. Shields said that question had also been raised at some of the public forums that had been held. In private discussions, Fairfax Water indicated a desire to standardize rates for all customers as soon as possible, but for now they preferred to stick with the two year time frame stated in the agreement, which Mr. Shields felt the City should respect. Mr. Shields also noted that during his earlier comments about the election, he intended to mention that local media had also been critical in getting information out about the referendum and creating a forum for public discussion. Mr. Duncan said this was the last official act the Council would take on the water sale. He said that around Labor Day it was not certain that the referendum would pass and he thought the public outreach efforts the manager referenced were a great help, as well as Mr. Kaylin s outreach at several forums. Mr. Duncan said it was a pleasure to vote on something that would incorporate land into the City, which was something that had not been done since its founding. Mr. Tarter said he thought this was an extraordinary event that would create opportunities for the Schools and for the City s economic development. Mayor Baroukh thanked the Utilities staff for seeing this through; it had been a difficult process, but they had great things to look forward to with Fairfax Water. He wished them well and looked forward to celebrating their accomplishments. Mayor Baroukh also thanked Mr. Shields, Mr. Foster, Ms. Mester, Ms. Creel, and all of the staff who had been addressing this issue for quite some time. He thanked the Council for their work, as well. He said they were likely all exhausted on the topic after talking about it for so long, but he was pleased with the outcome. Mayor Baroukh said he had spoken with others in the region and there was agreement that this action would change the tenor of conversations to come with Fairfax County and others. The boundary adjustment would provide benefits for future generations. He asked what the process would be once the ordinance was approved. Mr. Foster explained that the agreement would go before a three judge panel appointed from circuit courts around the state by the Supreme Court of Virginia and the panel would enter a final order to validate the boundary adjustment, which would be recorded in the property records for both Fairfax County and Arlington County (the City s circuit court). There should not be any further action needed since the agreement had been approved by Council.

195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 Ms. Mester said a member of the public had asked to provide an additional comment and Mayor Baroukh agreed to reopen the item for public comment. Nikki Koch (444 West Broad Street), co-chair of homeless shelter, thanked the City Manager and City Council for working to keep the homeless shelter at the Property Yard location. ROLL CALL VOTE: There being no further discussion, the Mayor asked the Clerk to call the roll on the motion. Mr. Duncan: AYE Mr. Kaylin: AYE Ms. Barry: AYE Mr. Peppe: AYE Mr. Tarter: AYE Mayor Baroukh: AYE The motion passed 6-0. (Mr. Snyder was ABSENT.) (Ord. 1910) Resolutions and first readings of ordinances (TR13-35) RESOLUTION TO RENAME THE FALLS CHURCH COMMUNITY CENTER AS "FALLS CHURCH COMMUNITY CENTER, KENNETH R. BURNETT BUILDING" (Daniel Schlitt, Director of Recreation and Parks) 10 (b) (1) (TR13-35) RESOLUTION - KENNETH R BURNETT BUILDING Mr. Shields and Charley O Hara of the Recreation and Parks Advisory Board summarized the staff report presented to Council. Mr. O Hara explained that when Mr. Burnett retired in 1990, there was a resolution in place that precluded the naming of City buildings and facilities in honor of living individuals. In March of 2011, Council passed a resolution setting forth the criteria for naming public buildings that removed that prohibition and a park was named for former Recreation and Parks Director Howard Herman. Mr. O Hara said that Mr. Burnett was the City s first Director of Recreation and Parks and many of the events and programs that the Department was now known for were started under his management. He noted that City Hall had been named for former City Manager Harry Wells and Frady Park was named for former Public Works director Don Frady and that Mr. Wells, Mr. Frady, and Mr. Burnett had served the City during the same time period. Mr. O'Hara said that the request of the Recreation and Parks Advisory Board was for the Council to finalize the renaming of the Community Center now that there was no impediment. He shared his memories of the time he spent as a child in the summer programs started by Mr. Burnett and noted that those programs were still going strong today. Mr. O Hara said Mr. Burnett knew the kids in the City, he knew the people in the City, this was the City he loved, and now it's time to

233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 honor him by renaming the Community Center as "The Community Center, Kenneth R. Burnett Building." MOTION: Ms. Barry MOVED, seconded by Mr. Tarter, to adopt (TR13-35). Barry Buschow (903 Madison Lane) said he was on the Recreation and Parks Advisory Board in 1990 when Mr. Burnett retired, but his history with Mr. Burnett went back to 1962 when he first became employed with the City and organized sports programs for the City s children. Mr. Buschow read from documents describing the process for constructing the Community Center and Mr. Burnett s role in the process, which he found while doing research for the City s Tricentennial Symposium in 1999. He also reported that the Lions Club had been working on moving their fruit trailer from what would soon be the Fairfax Water side of the Property Yard following the sale of the water system; he thanked Mr. Shields and Mr. Goff for accommodating the Lions. He also noted that November was Diabetes Awareness Month and passed out blue bracelets for the Council. ROLL CALL VOTE: There being no further discussion, the Mayor asked the Clerk to call the roll on the motion. Mr. Duncan: AYE Mr. Kaylin: AYE Ms. Barry: AYE Mr. Peppe: AYE Mr. Tarter: AYE Mayor Baroukh: AYE The motion passed 6-0. (Mr. Snyder was ABSENT.) (Res. 2013-33) Mayor Baroukh thanked the Recreation and Parks Advisory Board for bringing this forward. He said Mr. Burnett s work was impressive and though he didn t know him, the renaming was the right thing to do. Mr. Kaylin thanked Mr. Buschow for advocating for the renaming. Consent items (TR13-34) RESOLUTION TO AUTHORIZE PROJECTS UNDER THE REVENUE SHARING PROGRAM WITH THE VIRGINIA DEPARTMENT OF TRANSPORTATION FOR FISCAL YEAR 2015 (Cindy Mester, Assistant City Manager) 10 (c) (1) CONSENT - (TR13-34) Revenue Sharing Resolution FY15 Ms. Mester summarized the staff report presented to Council. MOTION: Ms. Barry MOVED, seconded by Mr. Duncan, to adopt the consent agenda.

272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 ROLL CALL VOTE: There being no further discussion, the Mayor asked the Clerk to call the roll on the motion. Mr. Duncan: AYE Mr. Kaylin: AYE Ms. Barry: AYE Mr. Peppe: AYE Mr. Tarter: AYE Mayor Baroukh: AYE The motion passed 6-0. (Mr. Snyder was ABSENT.) (Res. 2013-34) Items removed from consent -- None. Other business -- None. BUSINESS NOT ON THE AGENDA -- None. COUNCIL MEMBER COMMENTS Mr. Kaylin reported on the Budget and Finance Committee s recent meeting regarding the use of the water sale proceeds. He was preparing a guide sheet to create a metric to measure how to best utilize the funds and provide a mathematical comparison of the various options that were open to the City. Mr. Kaylin described the methodology as capital efficiency and marginal efficiency of capital metrics. He said there were two options that were not subject to that methodology, but could be considered; one was land banking, which did not generate an income stream, and the other was parking structures or other forms of infrastructure, which have a public use but may not lend themselves to the mathematical criteria. Mr. Kaylin hoped the methodology would provide feedback on whether the City should refinance, if possible. He said the Budget and Finance Committee also recommended asking the City s outside financial advisors if they had a method they felt was more efficient for determining how to use the capital. He noted that the Council would have to decide how to present this information to the citizens. Mr. Duncan thanked Mr. Kaylin for the paper he had prepared. He said the meeting was well attended and there was a good discussion. The use of the water sale proceeds was going to be an important discussion. Mr. Duncan noted that the Library Board sent their Master Plan Development Space Study Review document out for public input and he asked citizens to look at the plan on the City website and provide comments before the deadline. He thanked the staff and Mayor for the Veterans Day ceremony; the weather was beautiful and the speaker had given powerful testimony about her experience in Japanese-American internment camps in World War II. Mr. Duncan announced there would be a presentation on the Reserve at Tinner Hill by Lincoln Properties at the next Chamber of Commerce luncheon. Mayor Baroukh asked how Council planned to respond to the developers of the Kensington project now that they have reached out to several Members. It was agreed that meeting requests

311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 would be referred to the City Manager. Mr. Shields said he already had a meeting scheduled with the developers and he offered to send an update to Council after the meeting. Mr. Kaylin said he already met with Mr. Novak and, as more data became available, it altered his view of the project. He asked Mr. Shields if his questions were focused on the project as a business transaction or on whether it's of social value. Mr. Shields said Mr. Novak had asked to present new elevations for the project and Development Services Director James Snyder would probably be taking the lead in discussions regarding initial feedback on the architectural finishes and other issues of that nature. Mr. Shields planned to focus more on the issue of payment in lieu of taxes. He said that from the beginning, those have been the two big things -- that the City needed sufficient tax yield from the project in order to meet the exemplary status and that the architecture, design, and uses of the building have to fit the City s Comprehensive Plan. Mayor Baroukh said the exemplary status of the project was not just the fiscal issue, but one of planning -- does the fit and type of usage on that site meet the requirements? There could be other projects that might yield more in tax revenue that don't quite fit the exemplary requirements or yield less, but have a higher social value. He didn t want the discussion to imply that it was simply a financial transaction. Mr. Peppe said those topics were more appropriate for the Council to discuss, rather than the City Manager. Mr. Duncan thanked the City Attorney for his memo regarding the timing the Council s organizational meeting and oaths of office for the Council-Elect. While he had not had a chance to study the document, his impression was that it seemed unlikely the Council would be having a meeting on New Year s Day for the swearing-in. Mr. Foster agreed. APPROVAL OF MINUTES OF PREVIOUS MEETINGS Minutes of May 28, 2013 13 (1) 05-28-13 MINUTES for approval.php Mayor Baroukh requested the following edit on page 10 at line 387: Mayor Baroukh said he could should not have his name appear on documents related to this item, or the next, that would go to the federal government and the federal courts. Mayor Baroukh also made the following edits on page 13 at line 504: 1) Regarding the Post Office lot, EDA property, the Atlantic project, Hitt/Rushmark project, and city center area, and 201 West Broad Street; Mr. Duncan made minor edits at lines 221 and 283.

353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 MOTION: Mr. Duncan MOVED, seconded by Ms. Barry, to approve the minutes of the May 28th meeting, as amended. Upon unanimous voice vote, the motion passed. Minutes of September 23, 2013 13 (2) 9-23-13 MINUTES FOR APPROVAL MinutesViewer.php Mr. Duncan noted typos at lines 248 and 465. MOTION: Mr. Duncan MOVED, seconded by Ms. Barry, to approve the minutes of the meeting of September 23, 2013, as amended. Upon unanimous voice vote, the motion passed. Minutes of October 15, 2013 13 (3) 10-15-13 MINUTES-FOR APPROVAL MinutesViewer.php Mr. Duncan noted a typo at line 97 of the minutes. Mayor Baroukh requested that his addition disclosure regarding the Child Development Center should be inserted on Page 7. He also requested the following edit on page 8 at line 294: Mayor Baroukh noted that his name could should not be on federal government or federal court documents. MOTION: Mr. Duncan MOVED, seconded by Ms. Barry, to approve the Minutes of October 15, 2013, as amended. Upon unanimous voice vote, the motion passed. Minutes of October 28, 2013 13 (4) 10-28-13 MINUTES-FOR APPROVAL.MinutesViewer.php Mr. Duncan noted a typo at line 351 of the minutes. MOTION: Mr. Duncan MOVED, seconded by Ms. Barry, to approve the Minutes of October 28, 2013, as corrected. Upon unanimous voice vote, the motion passed. CLOSED SESSION: Pursuant to (1) Section 2.2-3711. (A) 29 of the Code of Virginia for the "discussion of the award of a public contract involving the expenditure of public funds, including interviews of bidders or offerors, and discussion of the terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body." [Interjurisdictional Contracts] and (2) Section 2.2-3711. (A) 1. "Discussion,

389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 consideration, or interviews of prospective candidates for employment; assignment, appointment, of specific public officers, appointees, or employees of any public body; " [Interim City Attorney] GOING IN CLOSED SESSION: TIME: 8:46 p.m. 1. Upon a motion made by Council Member BARRY, seconded by Council Member KAYLIN and passed by a voice vote of City Council, Council went into closed session pursuant to (1) Section 2.2-3711. (A) 29 of the Code of Virginia for the discussion of the award of a public contract involving the expenditure of public funds, including interviews of bidders or offerors, and discussion of the terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body. [Interjurisdictional Contracts] and (2) Section 2.2-3711. (A) 1. Discussion, consideration, or interviews of prospective candidates for employment; assignment, appointment,.of specific public officers, appointees, or employees of any public body; [Interim City Attorney] VOTE: Mayor Baroukh: YES Vice Mayor Snyder: ABSENT Council Member Barry: YES Council Member Duncan: YES Council Member Kaylin: YES Council Member Peppe: YES Council Member Tarter: YES 2. Upon a motion made by Council Member TARTER, seconded by Council Member DUNCAN and passed by vote of City Council, Council reconvened in open session. VOTE: Mayor Baroukh: YES Vice Mayor Snyder: ABSENT Council Member Barry: YES COMING OUT Council Member Duncan: YES Council Member Kaylin: YES Council Member Peppe: YES Council Member Tarter: YES TIME: 9:00 p.m. CERTIFICATION 1. Upon a motion made by Council Member BARRY, seconded by Council Member TARTER and passed upon affirmative roll call vote in open session, it was certified that (i) only public business matters lawfully exempted from open meeting requirements and (ii) only such public business matters as were identified in the motion by which the closed meeting was convened were heard, discussed or considered in the closed session or meeting by the City Council.

ROLL CALL VOTE: Mayor Baroukh: YES Vice Mayor Snyder: ABSENT Council Member Barry: YES Council Member Duncan: YES Council Member Kaylin: YES Council Member Peppe: YES Council Member Tarter: YES 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 November 12, 2013 Mayor Baroukh Date At 9:00 p.m. Council came back into Open Session and the following motion was made: MOTION: Mr. Kaylin MOVED, seconded by Ms. Barry, Mr. Mayor, that the City Council appoint the law firm of Greehan, Taves, Pandak and Stoner as Interim City Attorney for the City of Falls Church, effective November 18, 2013, and that the City Manager is authorized and directed to execute the retainer agreement with the firm dated October 28, 2013. ROLL CALL VOTE: There being no further discussion, the Mayor asked the Clerk to call the roll on the motion. Mr. Duncan: AYE Mr. Kaylin: AYE Ms. Barry: AYE Mr. Peppe: AYE Mr. Tarter: AYE Mayor Baroukh: AYE The motion passed 6-0. (Mr. Snyder was ABSENT.) ADJOURNMENT MOTION: Ms. Barry MOVED, seconded by Mr. Tarter, to adjourn. Upon unanimous voice vote, the motion passed and the meeting adjourned at 9:08 p.m. ATTEST: Deputy City Clerk Attached: Ord. 1910, Res. 2013-33, and Res. 2013-34 Mayor

462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 488 489 490 491 492 493 494 495 496 497 498 499 500 501 Approved: These are summary minutes. The City Council Meeting may be viewed on the city website. The city of Falls Church is committed to the letter and spirit of the American Disabilities Act. This document will be made available in alternate format upon request. Call 703 248-5014(TTY 711) ORDINANCE 1910 ORDINANCE TO ADJUST THE BOUNDARY LINE OF THE CITY OF FALLS CHURCH WITH FAIRFAX COUNTY TO ANNEX AND INCORPORATE THIRTEEN PARCELS AND OTHER LAND INTO THE CITY AND TO ADOPT A VOLUNTARY SETTLEMENT AGREEMENT WITH FAIRFAX COUNTY. THE CITY OF FALLS CHURCH, VIRGINIA, HEREBY ORDAINS that, upon the effective date of this Ordinance, the existing boundary line of the City will be adjusted by incorporating into the City 13 parcels and other land ( the Parcels ) that are currently in the unincorporated portions of Fairfax County, Virginia ( the County ). The Parcels are shown on Fairfax County Tax Map 40-3 (Revised to 05-21-2013) attached hereto as Exhibit 1, and metes and bounds descriptions of the Parcels are attached hereto as Exhibit 2. The Parcels are further identified as follows: The School-Related Parcels are as follows: (1) Parcel 91 (Tax Map Number 040-3-01-0091), totaling approximately 8.36815 acres and owned by the City. (2) Parcel 93 (Tax Map Number 040-3-01-0093), totaling approximately 1.59753 acres and owned by the City. (3) Parcel 94 (Tax Map Number 40-3-01-0094) less and except the small island of land to the south of the larger part of parcel 94 completely surrounded by the right-of-way of the Washington Metropolitan Area Transit Authority and as shown on Exhibit 3 as the island totaling approximately 24.65471 acres and owned by the School Board of the City of Falls Church. The Additional Parcels are as follows: (1) Parcel 14 (Tax Map Number 040-3-12-0014) and Parcel 15 (Tax Map Number 40-3-12-0015), which comprise approximately 0.38762 acre and are owned by the City. (2) Parcel 23A (Tax Map Number 040-3-12-0023A), totaling approximately 0.14839 acre and owned by the City.

502 503 504 505 506 507 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525 526 527 528 529 530 531 532 533 534 535 536 537 538 539 540 541 542 543 544 (3) Parcel 24 (Tax Map Number 040-3-12-0024), totaling approximately 0.09554 acre and owned by the City. (4) Parcel 25 (Tax Map Number 040-3-12-0025), totaling approximately 0.28168 acre and owned by the City. (5) Parcel 26 (Tax Map Number 040-3-12-0026), totaling approximately 0.30463 acre and owned by the City. (6) Parcel 26A (Tax Map Number 040-3-12-0026A), totaling approximately 0.17932 acre and owned by the City. (7) Parcel 109A (Tax Map Number 040-3-01-0109A), totaling approximately 0.61619 acre and owned by Henry J. Fox, Wales H. Jack, and John R. Steelman, Trustees for Federal Realty Investment Trust an unrecorded Business Trust organized on May 25, 1962. (8) Parcel 109B (Tax Map No. 040-3-01-0109B, totaling approximately 0.00124 acre and owned by Federal Realty Investment Trust, an Unincorporated Business Trust. (9) An unnumbered portion of City of Falls Church Parcel Number 51-219- 104 that is currently located within Fairfax County (identified at DB 5574 PG 1581 as parcel 3B among the land records of Arlington County, Virginia), which comprises approximately 0.00066 acre. (10) Parcel 115A (Tax Map Number 040-3-01-0115A), totaling approximately 1.00048 acres and owned by the City. (11) The entire width of the Haycock Road right-of-way that runs parallel to Parcel 94 of the School-Related Parcels, which comprises approximately 0.77418 acre. This Ordinance also adopts a Voluntary Boundary Adjustment Agreement By and Between the City of Falls Church, Virginia, and Fairfax County, Virginia ( the Agreement ), attached hereto as Exhibit 4. Under the Agreement, this Ordinance and the incorporation of the Parcels into the City s boundaries will be effective only upon the occurrence of the last of all of the following events: (1) the sale of the City s water system to the Fairfax County Water Authority ( Fairfax Water ; (2) the County and the City both adopting ordinances to incorporate the Parcels into the City; and (3) a special court affirming and validating the Agreement giving it full force and effect. The Agreement provides, among other things, that at least 70% of the total acreage of the School-Related Parcels will be used for school purposes for a period of 50 years after the County and the City have each adopted ordinances confirming the incorporation of the Parcels into the City. To effectuate this Ordinance and the Agreement, pursuant to Va. Code 15.2-3400 (5), the City and the County must petition for appointment of a special court pursuant to Va. Code 15.2-3000 et seq. and -3400 et seq.; the Supreme Court of Virginia must appoint a special court; and the special court must enter a final order affirming and validating the Agreement. Upon the incorporation of the Parcels into the City, the City will extend its then-existing governmental services to the Parcels on the same basis and at the same level as such services are then, or may thereafter be, provided to areas within the City s current corporate limits where like conditions exist.

545 546 547 548 549 550 1st Reading: 10-28-13 2nd Reading: 11-12-13 (TO13-29) IN WITNESS WHEREOF, the foregoing was adopted by the City Council of the City of Falls Church, Virginia on November 12, 2013 as Ordinance 1910. 551 552 553 554 555 556 557 Kathleen Clarken Buschow City Clerk RESOLUTION 2013-33 RESOLUTION TO RENAME THE FALLS CHURCH COMMUNITY CENTER AS FALLS CHURCH COMMUNITY CENTER, KENNETH R. BURNETT BUILDING. 558 559 560 561 562 563 564 565 566 567 568 569 570 571 572 573 574 575 576 577 578 579 580 581 582 WHEREAS, the City Council passed Ordinance 1855 setting down criteria and the process for naming city facilities; and WHEREAS, one criteria for the naming is to Commemorate an Individual who has made significant contributions to the City of Falls Church through participation in community, state, or national service; and WHEREAS, Kenneth R. Burnett was the first Director of the Recreation and Parks Department for the City, from 1962-1990; and WHEREAS, during his 28 years of service, Mr. Burnett oversaw the development of a yearround sports program for all ages, a year-round hobby class program, the Senior Center, Cherry Hill Farmhouse and Barn, many parks and recreational facilities, a bus trip program, and the Farmers Market; and WHEREAS, Mr. Burnett played a major role in the planning and construction of the Falls Church Community Center, originally completed in 1968; and WHEREAS, under Mr. Burnett s leadership, the City s Recreation and Parks Department and its many healthy and family-friendly activities, has contributed to the quality of life for the citizens of Falls Church; and many popular events improved by Mr. Burnett are still enjoyed today -- such as the Fall Festival, and Memorial Day Parade and Festival. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Falls

583 584 585 586 587 588 589 590 591 Reading: 11-12-13 Adoption: 11-12-13 (TR13-35) Church, Virginia that the city building known as the Falls Church Community Center be formally named the Falls Church Community Center, Kenneth R. Burnett Building to honor long-time City employee and the first Recreation and Parks Department Director, Kenneth R. Burnett. IN WITNESS WHEREOF, the foregoing was adopted by the City Council of the City of Falls Church, Virginia on November 12, 2013 as Resolution 2013-33. 592 593 594 595 596 597 598 599 600 601 602 603 604 605 606 607 608 609 610 611 612 613 614 615 616 617 618 619 620 621 622 623 624 Kathleen Clarken Buschow City Clerk

625 626 627 628 629 630 631 632 633 634 635 636 637 638 639 640 641 642 643 644 645 646 647 648 649 ATTACHMENT A DATE: July 1, 2013 TO: Wyatt Shields, City Manager and Members of the City Council FROM: Daniel Schlitt, Director Recreation & Parks Department SUBJECT: Renaming The Falls Church Community Center Be it hereby resolved that the Falls Church Recreation & Parks Advisory Board passed a motion in November 2012 to officially begin the process of dedicating the Falls Church Community Center to Ken Burnett. The board previously worked with the City Council to pass an ordinance that would allow the naming of a public place after someone who is still living. The Falls Church Recreation & Parks Advisory Board supports and strongly encourages the City Council to rename the Community Center to the Ken Burnett Community Center.

650 651 652 653 654 655 656 657 658 659 660 661 662 663 664 665 666 667 668 669 670 671 672 673 674 675 676 677 678 679 680 681 682 683 684 685 686 687 688 689 690 691 692 693 694 SYNOPSIS OF THE MEETING AND PUBLIC HEARING OF THE CITY OF FALLS CHURCH PLANNING COMMISSION 300 Park Avenue Council Chamber 4 November 2013 ATTACHMENT B 1. Call to Order: Chair Rodgers called the meeting to order at 7:48 PM. 2. Roll Call: All members were present. 5. Old Business: None 6. New Business: A. Ordinance TO13-18, ORDINANCE TO CREATE CHAPTER 35, STORMWATER MANAGEMENT, ARITCLE 1 STORMWATER MANAGEMENT OF THE FALLS CHURCH CITY CODE TO CLARIFY AND REORGANIZE EXISTING STORMWATER MANAGEMENT REGULATIONS Ms. Teates moved, and Ms. Hockenberry seconded, that the Planning Commission recommend to the City Council adoption of Ordinance TO13-18, an Ordinance to create Chapter 35, Stormwater Management, Article 1 Stormwater Management: of the Falls Church City Code to Clarify and Reorganize existing Stormwater Management Regulations; to add new language required by the State of Virginia. Additionally that Planning Commission recommends to the City Council that the new language be added to Chapter 48, Zoning, including the impervious coverage definition and the 35% maximum coverage. The motion passed unanimously on voice vote with all members present. B. Naming Initiative Mr. Meeks moved, and Ms. Hockenberry seconded, that the Planning Commission recommend to the City Council endorsement to name the City s Community Center as the Falls Church Community Center, Kenneth R. Burnett Building. The motion passed 6-0-1 with Mr. Djan abstaining. (Continued) 8. Approval of Minutes: A. 7 October 2013

695 696 697 698 699 700 701 702 703 704 705 706 707 708 709 710 711 712 713 714 715 716 717 718 719 Ms. Hockenberry moved, and Mr. Meeks seconded, to approve the minutes of the Planning Commission s meeting of 7 October 2013 as presented. The motion passed on voice vote with Mr. Djan abstaining. B. 21 October 2013 Ms. Teates moved, and Ms. Hockenberry seconded, to approve the minutes of the Planning Commission s meeting of 21 October 2013 as presented. The motion passed on roll call vote 7-0-0. 11. Adjournment: The meeting was adjourned at 9:33 PM. Immediately following the meeting, the Planning Commission met in a joint worksession with the Citizens Advisory Committee on Transportation (CACT) to discuss the Comprehensive Plan Update Transportation Chapter, to seek recommendations on projects proposed. Immediately following the joint worksession, the Planning Commission met in worksession to review the draft City Center Small Area Plan. The City of Falls Church is committed to the letter and to the spirit of the Americans with Disabilities Act. To request a reasonable accommodation for any type of disability call 703.248.5040 (TTY 711).

720 721 722 723 724 725 726 727 728 729 730 731 732 733 734 735 736 737 738 739 740 741 742 743 744 745 746 747 748 749 750 751 752 753 754 755 756 757 758 759 760 761 762 763 764 ATTACHMENT C ORDINANCE 1855 ORDINANCE TO AMEND CHAPTER 2 ADMINISTRATION, ARTICLE VI, PUBLIC PROPERTY AND FACILITIES, SECTION 2-210, NAMING OF PUBLIC PROPERTY OR FACILITY THE CITY OF FALLS CHURCH, VIRGINIA, HEREBY ORDAINS THAT the City Code of the City of Falls Church, Virginia, Chapter 2, Administration, Article VI, Public Property and Facilities be amended as follows: CHAPTER 2 ADMINISTRATION ARTICLE VI. PUBLIC PROPERTY AND FACILITIES Sec. 2-210. Naming of public property or facility. (a) Criteria for Naming City Facilities. City facilities, including buildings and parks, ( Facilities ) shall generally be named according to the geographical, historical, or ecological relationships in which the site is located. Exceptions may be made in the following circumstances: (1) To Commemorate an Individual s Service: Facilities may be named after an individual who has made significant contributions to the City of Falls Church through participation in community, state, or national service. (2) To Help Identify the Facilities Purpose/Usage: A name may be assigned to a city facility if it helps to describe and identify the usage or purpose of the facility. (b) Renaming City Facilities. Renaming a city facility can occur if: (1) The criteria of paragraph (a) are met; (2) A valid justification for renaming the facility is provided; (3) Changing the name will not cause undue confusion within the community; and (4) An appropriate level of community support exists. (c) Process for Naming City Facilities. (1) The naming of any City owned building, park, or other city owned facility shall be by resolution of the City Council.

765 766 767 768 769 770 771 772 773 774 775 776 777 778 779 780 781 782 783 784 785 786 787 (2) Individuals and/or organizations may make recommendations to the City Council regarding the naming or renaming of facilities, parks, public open space areas and other related components of facilities. (3) Prior to adopting a resolution naming a city owned facility, the City Council shall hold a public hearing, and shall seek a recommendation from the following: the Planning Commission; the Historical Commission; the Recreation and Parks Advisory Board; and any other boards and/or commissions or community organization that the City Council deems appropriate. d) The naming of school facilities shall be by action of the city School Board, and is not subject to the provisions of this ordinance. This ordinance shall take effect immediately upon adoption. 1 st reading: 2-28-11 2 nd reading: 3-14-11 (TO11-03) IN WITNESS WHEREOF, the foregoing was adopted by the City Council of the City of Falls Church, Virginia on March 14, 2011 as Ordinance 1855. 788 789 790 791 792 793 Kathleen Clarken Buschow City Clerk 794 795 796 797 798 799 800 801 802 803 804 805 806 807

808 809 810 811 812 813 814 815 816 817 818 819 820 821 822 823 824 825 826 827 828 829 830 831 832 833 834 835 836 837 838 839 840 841 842 843 844 845 846 RESOLUTION 2013-34 RESOLUTION TO AUTHORIZE PROJECTS UNDER THE REVENUE SHARING PROGRAM WITH THE VIRGINIA DEPARTMENT OF TRANSPORTATION FOR FISCAL YEAR 2015 WHEREAS, the Commonwealth Transportation Board s Revenue Sharing Program provides state funds to match local funds for the construction or improvement of roadways in local jurisdictions; and WHEREAS, the City of Falls Church desires to submit applications for an allocation of funds of up to $800,000 through the VDOT Revenue Sharing Program for Fiscal Year 2015 (grant funds available July 1, 2014 - June 30, 2015); and WHEREAS, the Council of the City of Falls Church, Virginia, requests that the Virginia Department of Transportation establish the following FY2015 Revenue-Sharing projects: Traffic signal rebuilds at East Broad/Cherry and North Washington/ Columbia, and associated pedestrian crossing improvements. ($500k plus $500k City match) Traffic signal rebuilds at North West/ Lincoln and North West/ Great Falls, and associated pedestrian crossing improvements along the corridor. ($300k plus $300k City match) NOW THEREFORE, BE IT RESOLVED, that the Council of City of Falls Church, Virginia, hereby supports this application, authorizes the City Manager to submit the required grant application as well as FY2015 CIP proposal and, if the grant is awarded, agrees to pay its share of the total cost for preliminary engineering, right of way and construction of these projects in accordance with Section 33.1-44 of the Code of Virginia. Reading: 11-12-13 Adoption: 11-12-13 (TR13-34) IN WITNESS WHEREOF, the foregoing was adopted by the City Council of the City of Falls Church, Virginia on November 12, 2013 as Resolution 2013-34. 847 848 849 850 851 Kathleen Clarken Buschow City Clerk