City Council Regular Meeting October 10, 2017

Transcription

1 Minutes of the regular meeting of the Fairfax City Council on October 10, 2017, at 7:14 p.m. in Council Chambers at Fairfax City Hall Annex. Call to Order: Mayor Meyer called the meeting to order at 7:14 p.m. Members Present: Mayor Meyer and Councilmembers DeMarco, Greenfield, Miller, Passey, Schmidt, and Stehle. Members Absent: None. Presentations and Proclamations. Yvonne Sening, President, Woman's Club of Fairfax, presented the Mayor with the Annual Christmas Ornament. The Mayor presented Representatives from Pathway Homes with a proclamation acknowledging the Pathway Homes Help the Homeless walk on October 21, The Mayor presented the School Board with the City s Virginia Municipal League (VML) Stairway to Success Award. The Mayor presented the Environmental Sustainability Committee with the City s VML Silver Status for GoGreen Award. Presentations by the public on any item not subject to a public hearing. Dennis Renken, Breckinridge Lane, addressed the City Council and stated that he was representing the Breckinridge Lane Homeowners Association. He thanked the Council for addressing the concerns raised by the residents regarding the redevelopment of the Davies property. Judy Fraser, 3514 Spring Lake Terrace, addressed the City Council and thanked the Council for their support of the Green Government Challenge and she encouraged the City to strive for the platinum level next year. Adoption of the agenda. Councilman Greenfield moved to adopt the agenda. Councilmember Schmidt seconded the motion, which carried unanimously by voice vote. 1

2 Consent agenda. Councilman Greenfield moved to adopt the following consent agenda: #7a, Consideration of a resolution in support of the Two-Year Transportation Program. Councilmember DeMarco seconded the motion. The Mayor called for a vote on the motion to approve consent agenda item 7a, which carried unanimously by voice vote. Public hearing and Council action on a supplemental appropriation resolution in the amount of $710,429 for funding awarded to the City through VDOT s FY 18 Primary Extension Paving Program. This public hearing was properly advertised in the October 2 and 9, 2017, issues of The Washington Times. Wendy Block Sanford, Transportation Director, gave the staff report which was incorporated into the record. She stated that based on a legislative change that was effective July 1, 2014, Section provides that primary extensions maintained by municipalities can receive a portion of the reconstruction and paving allocations previously only distributed to interstates and primary roads with a combined condition index of less than 60. She stated that an application process was developed to allow municipalities to apply for this funding for qualifying projects. work. work. Councilmember DeMarco asked if there were safeguards to prevent the duplication of Ms. Sanford stated that the City is able to use the on-call paving contractor to complete this Councilman Greenfield asked if this allowed the City to pave additional roads, not included in the Capital Improvement Program. David Summers Public Works Director, addressed the City Council and stated that was correct and this money could only be used for primary roads which allows staff to concentrate more City funds on the paving of secondary roads. The Mayor asked if the paving schedule was back on track for the goal to pave all streets every seventeen years. Mr. Summers stated that residential roads are paved every twenty years and the primary roads are paved every ten years. 2

3 The Mayor opened the public hearing. Mark Chandler, 4013 Chestnut Street, addressed the City Council and stated that he has concerns regarding the residue left behind at the staging area. He asked that contractors be required to clean up their mess. The Mayor closed the public hearing. Councilman Greenfield moved to approve a supplemental appropriation in the amount of $710,429 for funding awarded to the City through VDOT s FY18 Primary Extension Paving Program. Councilmember Schmidt seconded the motion. Public hearing and Council action on a supplemental appropriation resolution in the amount of $100,000 for preliminary transportation design and engineering. This public hearing was properly advertised in the October 2 and 9, 2017, issues of The Washington Times. Wendy Block Sanford, Transportation Director, gave the staff report which was incorporated into the record. She stated that when funding opportunities arise (i.e. Smart Scale projects, 70% funds) for projects that are consistent with the NVTA 30% and/or C&I funding guidelines, staff would like the ability to hire a consultant and initiate a project quickly. She stated that typically, staff comes to the Council with a supplemental appropriation for each project, regardless of the dollar amount. She stated that the purpose of the supplemental is to set aside $100,000 to eliminate the need for a supplemental appropriation process for each project. Councilmember DeMarco asked if one consultant would be selected for all the work under this resolution. Ms. Sanford stated that the City has many on-call consultants and they will provide estimates for the project and staff would select from those estimates. Councilmember Schmidt asked how many projects would be part of this appropriation. Ms. Sanford stated that it was dependent on current projects underway and their complexity. Councilmember Schmidt asked how the Council would be informed of the work taking place under this resolution. Ms. Sanford stated that the work is performed at the request of the Council. The Mayor opened the public hearing. 3

4 The Mayor closed the public hearing after hearing no testimony. Councilmember Stehle moved to approve a supplemental appropriation for the transfer of $100,000 from the transportation tax fund to the capital fund to fund transportation planning and engineering tasks. Councilman Greenfield seconded the motion. Public hearing and Council action on a supplemental appropriation resolution in the amount of $1,000,000 to purchase a foam engine fire truck. This public hearing was properly advertised in the October 2 and 9, 2017, issues of The Washington Times. David Hodgkins, Assistant City Manager/Finance Director, gave the staff report which was incorporated into the record. He stated that in October 2015, the Council authorized the execution of a Memorandum of Understanding (MOU) between the City and the City of Fairfax Volunteer Fire Department (FVFD). The MOU provides a financial and administrative plan further strengthening mutual cooperation in support of delivering fire and emergency medical services to the residents of the City and surrounding areas. The current MOU also reaffirms and provides structure to the long standing joint effort between the City and the FVFD to improve overall operations and cost efficiencies. He stated that the City is able to negotiate (substantially) more favorable loan terms than the FVFD when financing vehicle and equipment purchases. The City s financing of a fire truck on behalf of the FVFD in October 2015 saved about $200,000 in financing costs. Cost savings and operational improvements realized by the FVFD directly benefit the City. Whereas the FVFD has contracted to purchase a fire truck (to be delivered in October) to replace an aging foam engine fire truck, which has exceeded its useful life, staff and the FVFD recommend the City finance $1,000,000 for the fire truck. City financing of the foam engine fire truck will result in an estimated $100,000+ savings in finance costs over the life (8 years) of the borrowing. Councilmember Schmidt asked if the interest rate would be lower than 1.7%. Mr. Hodgkins stated that the interest rate is 1.74%. Councilmember Schmidt asked was the total amount financed. Mr. Hodgkins stated that the truck cost around $900k but that equipment needed to be purchased in addition to the truck. He stated that the total amount to be financed was $945k. Councilmember DeMarco asked what was the lifespan for this vehicle, how old the current foam truck was, and if there were plans to recoup some costs from that purchase. John O Neal, Fire Chief, addressed the City Council and stated that the reserve 21 year old fire engine will be surplused and the current fire engine will be moved to reserve status. He stated that the lifespan is based on the usage of the vehicle and is typically 15 years. He stated that the 4

5 sale of a 21 year old fire engine would yield a minimal amount of money and stated that there has been a discussion of possibly donating it to a rural fire department with a current need. The Mayor asked how the foam truck differed from a water truck. Chief O Neal stated that the foam truck has all the capabilities as a normal fire truck but with the foam component. The Mayor opened the public hearing. The Mayor closed the public hearing after hearing no testimony. Councilmember Schmidt moved to approve a supplemental appropriation resolution in the amount of $1,000,000 to fund the purchase of a foam engine fire truck. Councilmember DeMarco seconded the motion. Public hearing and Council action on a blight determination for property located at 3404 Country Hill Drive. This public hearing was properly advertised in the September 25 and October 2, 2017, issues of The Washington Times. Andrew Wilson, Building Official/Fire Marshal, gave the staff report which was incorporated into the record. He stated that on March 25, 1997, the Council adopted an ordinance to provide for abatement of blighted conditions. In accordance with the procedures outlined in that ordinance, on September 11, 2017, the Planning Commission found that the property located at 3404 Country Hill Drive is blighted and recommended that the Council affirm this finding and approve a plan for abatement. He stated that the Planning Commission recommended approval of a plan to demolish the structure, restore the original grade, seed the disturbed soil to prevent erosion and ensure that the grass is mowed regularly. The owner began a large addition on the house several years ago, construction has been suspended for several months and the permits have expired. The structure is open to the weather and has become dilapidated and is detrimental to the health safety and welfare of the community. An alternative plan, also considered by the Planning Commission, would have included completing the exterior work on the house to make it weathertight in accordance with the owner s plans. The cost to execute this work would have been in excess of $125,000 and was deemed too costly in relation to the potential benefit. Councilman Greenfield asked if it would be better to hold off on this determination until staff learns what the bank is planning to do with the property. Brian Lubkeman, City Attorney, addressed the City Council and stated that this has been a long process and recommended that the bank options need not be considered in terms of this action. Councilman Greenfield asked if this action protects the City just in case the bank actions do not pan out. 5

6 Mr. Lubkeman stated that was correct and the staff would bring this back before the Council if the approval needs to be modified. Councilmember Passey asked what the payment order was for a property in foreclosure. Mr. Lubkeman stated that was part of the timing analysis and staff is proceeding carefully. Councilmember DeMarco clarified that this has been over a three-year process and the homeowner has been provided ample opportunities to rectify the issues and has chosen not to. Mr. Wilson stated that was correct. Councilmember Schmidt asked if staff anticipates the demolition bids being close to the estimated amount provided in the staff report. Mr. Wilson stated that was correct. Councilmember Schmidt asked if the current bid was $28k. Mr. Wilson stated that it was between $28-29k. Councilmember Schmidt asked if anyone was residing in the home currently. Mr. Wilson stated that no one was living in the home. Councilmember Schmidt asked how long the utilities had been disconnected. Mr. Wilson stated that the electricity was disconnected a year ago. Councilmember Schmidt asked if staff has heard from the property owner since the Planning Commission meeting last September. Mr. Wilson stated that staff has not heard from the owner since last September. Councilmember Schmidt asked if the owner was living in a nearby home. Mr. Wilson stated that was correct. Councilmember Schmidt asked if the homeowner was notified of each of the legal steps. Mr. Wilson stated that was correct. Councilmember Miller asked what the value of the property was in its current state. Mr. Wilson stated staff discussed this and determined that the cost for demolition would be offset by the resulting increased value of the land. 6

7 Councilmember Miller asked what the value of the land was. Mr. Wilson stated that the land is assessed at $189k and the structure is assessed at $241k. The Mayor asked what the lot size was for the property. Mr. Wilson stated that he did not have that information with him. The Mayor asked if the mortgage company would sell the land after the structure is demolished. Mr. Lubkeman stated that there are many options available to choose from regarding what to do with the property. The Mayor asked how long it would take for the structure to be demolished. Mr. Wilson stated that it would take 3-4 weeks for it to be demolished. The Mayor asked how long would the demolition process take. Mr. Wilson said it would be 2-3 days. The Mayor opened the public hearing. Fernando Landivar, 3404 Country Hill Drive, addressed the City Council and requested that the Council give him time to complete the repairs needed for the home. He stated that he would reinstate the permit and make the necessary repairs to be in compliance with the Code and remove it from the blight condition. George Torres, RE/MAX Distinctive Real Estate, addressed the City Council and stated that he was hired by the homeowner to sell one of his properties for him and that sale would provide the homeowner with the funds needed to complete the home in question. Councilman Greenfield asked if the property under contract had been inspected. Mr. Torres stated that the property under contract is vacant land. Councilman Greenfield asked if there were utilities lines in place for the property. Mr. Torres stated that was correct. Councilman Greenfield asked if the buyer for the property was a builder. Mr. Torres stated that the buyer is working with a builder for the property. Councilmember Miller asked if the contract was contingent on anything. Mr. Torres stated that it was contingent upon a brief study period. 7

8 Councilmember Miller asked how long the contingency period would be. Mr. Torres stated that the study period is 35 days. He stated that the land was priced competitively and there was a lot of interest in the land. Steve Landivar, 9910 Farr Drive, addressed the City Council and stated that work was being done on the property in December and January. He stated that the permit was revoked prior to the 6 month timeframe and he urged the Council to allow his brother more time to repair the property. The Mayor asked if they considered hiring a licensed contractor to complete the work. Mr. Landivar stated that there will be some aspects of the construction that would require the work of a third party. Councilman Greenfield asked when a mold inspection was conducted on the property. Mr. Wilson stated that staff did not observe any work on the home since late November He stated that the Building Code requires for regular inspections of the property and the plans he submitted are different from what was actually constructed on the property. He stated that Mr. Landivar never responded to staff s letter in June and he should have appealed the decision to the Board of Building Code Appeals instead of at the meeting tonight. He stated that the foreclosure aspect was not addressed nor did Mr. Landivar offer a time schedule for the work. He stated that there was a tarp placed on the front part of the roof that was not effective in protecting the home. Councilman Greenfield asked if there was extensive work needed to remove the mold from the home. Mr. Wilson stated that staff has been unable to enter the home but rain water has been able to enter through the roof and there is a high probability that mold is located within the property. Councilmember DeMarco asked if the property was 90% closed in as stated by the homeowner. Mr. Wilson stated that it is 85% closed in but some of the material being used are not appropriate for weather protection. Councilmember DeMarco asked if the City was responsible for Resource Protection Area (RPA) determinations. Mr. Lubkeman stated that there is a long process to determine RPA locations and the homeowner had ample opportunities to address those concerns prior to the meeting tonight. The Mayor closed the public hearing. Councilman Greenfield moved that the City Council affirm the findings of the Planning Commission that the property at 3404 Country Hill Drive is blighted; that the owner has failed to 8

9 cure the blight or present a reasonable plan to do so; that the proposed plan for the disposition of the property as recommended by the Planning Commission on September 11, 2017, is in accordance with the Comprehensive Plan, zoning ordinances and other applicable land use regulations; and that the property is not located within an area listed on the national register of historic places. He further moved that the proposed work plan described in the staff report be adopted and that the City place a lien on the property to recover the cost of executing the work plan. Councilmember DeMarco seconded the motion. Councilman Greenfield stated that this was not an easy decision and stated that since 1997, this is the fourth time the City has used the blight ordinance. He stated that the City and the residents have been patient and this action is in the best interest for both. Councilmember DeMarco stated that he concurs with Councilman Greenfield s comments and that the homeowner had ample opportunities and time to remedy the issues. Presentation and discussion of the proposed conceptual design for Fire Station 33. John O Neal, Fire Chief, gave the staff report which was incorporated into the record. He stated that during the September 26, 2017 City Council meeting, a request was made to present and discuss the conceptual design for the Fire Station 33 replacement. He stated that the fire station feasibility study concluded the existing Station 33 site could accommodate the programming needs of the fire department. The study proposed three conceptual drawings for consideration that were discussed at the Council retreats in March and June of The fire department selected a modified Option A from the feasibility study as the preferred conceptual design, which proposes a 3-bay, 3-level building of approximately 19,000 square feet, with 21 surface parking spaces. Christopher Kehde, Principal at Lemay Erickson Willcox Architects, addressed the City Council and stated that they are very familiar with the site constraints as it relates to this project. Councilmember Miller asked if there were state standards for the construction of fire stations. Mr. Kehde stated that there is not a specific design standard for the construction but there are guiding practices and operational standards regarding the time it takes a firefighter to leave on a call. Councilmember Miller asked if there would be special use requests associated with this project. Mr. Kehde stated that there are not any anticipated special use permits requests for this project. Councilmember Miller asked how many beds would be in the fire station. 9

10 Mr. Kehde stated that there will be 14 bunkbeds. Councilmember Miller asked how many beds are currently at the station. Chief O Neal stated that there are 12 bunkbeds currently in the fire station. Councilmember Miller asked if the smaller rooms would allow for an easier separation between the male and female staff. Mr. Kehde stated that the current design provides a balance between the rooms for the males and females. use. Councilmember Miller asked if the design had 6 smaller bathrooms for every person to Mr. Kehde stated that was correct. Councilmember Miller asked what the P.Con on the 3 rd floor depiction stood for. Mr. Kehde stated that it stood for personal decontamination. Councilmember Miller asked what the SCBA on the 1 st floor depiction stood for. Chief O Neal stated that it stood for self-contained breathing apparatus. Councilmember Miller asked what the Jan on the 3rd floor depiction stood for. Mr. Kehde stated that it was the janitor s space. Councilmember DeMarco asked how the new design prevent cross contamination. Mr. Kehde stated that the proposed design segregates the uses and the living spaces are on a separate floor. He stated that the decontamination room is near where they return from a call and allows them to immediately access the room. The Mayor asked if the apparatus is taken offsite to be cleaned. Chief O Neal stated that they do a combination of offsite and onsite cleaning of the apparatus. The Mayor asked if there were any stations where staff could remove their equipment and immediately go into a shower. Chief O Neal stated that this would have a decontamination room to remove the equipment and decontaminate and then personnel can leave that area and take a shower on the 3 rd floor. Mr. Kehde stated that there is a fire station under construction in King George County and it will have a decontamination room with shower immediately accessible upon return from a call. 10

11 Councilmember Stehle stated that he supports secured entranceways and have a refuge within City buildings to be used as needed. The Mayor stated that at their recent fire station tour, there was a station that had a safe area for people coming to the station for help and had garage doors that open to the side for faster exit of emergency vehicles. He stated there was a coil tube that was attached to exhaust if the emergency vehicles while in the bay and disconnect upon movement and that limited the amount of exhaust emitted into the bay area. Mr. Kehde stated that the engines have a part that reduces the exhaust produced by it. The Mayor asked if the City could use those truck and the coil tub at the same time. Mr. Kehde stated that direct capture of the exhaust fumes is the preferred method. The Mayor asked if the communication equipment would be place in various locations instead of all being placed in one location. Mr. Kehde stated that the next design step will fine-tune the specific aspects of the station. The Mayor asked if the proposed design had been shared with the staff. Chief O Neal stated that was correct. Councilmember Schmidt stated that she appreciates the proposed design s reduction on the Resource Protection Area and she asked if the proposed 21 parking spaces were sufficient for the station. Chief O Neal stated that was correct. Councilmember Schmidt asked if there was combination of two and four bunkbed rooms. Chief O Neal stated that was correct. a call. Councilmember Schmidt asked how the staff on the 3 rd floor would get to the 1 st floor for Mr. Kehde stated that the design include 2 poles for descent from the top floor. Consideration of a resolution authorizing a lease/purchase financing for a Foam Engine Fire Truck and related equipment in the maximum principal amount of $1,000,000 and authorizing the City to enter into a sublease of such equipment with the Fairfax Volunteer Fire Department. David Hodgkins, Assistant City Manager/Finance Director, gave the staff report which was incorporated into the record. He stated that this pertains to approval of a resolution authorizing a lease/purchase financing for a foam engine fire truck and related equipment in the maximum 11

12 principal amount of $1,000,000 and authorizing the City to enter into a sublease of such equipment with the Fairfax Volunteer Fire Department. He stated that in October 2015, the Council authorized the execution of a Memorandum of Understanding (MOU) between the City and the City of Fairfax Volunteer Fire Department (FVFD). The MOU provides a financial and administrative plan further strengthening mutual cooperation in support of delivering fire and emergency medical services to the residents of the City and surrounding areas. The current MOU also reaffirms and provides structure to the long standing joint effort between the City and the FVFD to improve overall operations and cost efficiencies. He stated that the City s financing of a fire truck on behalf of the FVFD in October 2015 saved about $200,000 in financing costs and cost savings and operational improvements realized by the FVFD directly benefit the City. Councilmember Schmidt moved to approve a resolution authorizing a lease/purchase financing for a foam engine fire truck and related equipment in the maximum principal amount of $1,000,000 and authorize the City to enter into a sublease of such equipment with the Fairfax Volunteer Fire Department. Councilmember Miller seconded the motion. Approval of minutes Councilman Greenfield moved to approve the regular meeting minutes of September 26, Councilmember Passey seconded the motion. Councilmember Schmidt requested that during the discussion for agenda item 7b, an insert be added regarding $400k being available from the Chain Bridge Road bridge project with $200k being added to the Roberts Road sidewalk project and $200k for the Draper Drive project. Closed Session under Section A.1 to discuss appointments to Boards and Commissions and Section A.7 for consultation with legal counsel for legal advice. The Mayor moved the City Council convene a closed meeting under Section A.1 to discuss appointments to Boards and Commissions and Section A.7 for consultation with legal counsel for legal advice. The Mayor called for a vote, which carried by a voice vote of 7-0 recorded as follows: Mayor Meyer and Councilmembers DeMarco, Greenfield, Miller, Passey, Schmidt, and Stehle; opposed: none. The Council went into a closed meeting at 9:04 p.m. 12

13 The Council reconvened the regular meeting at 9:30 p.m. City Council concluded the closed meeting to discuss appointments to Boards and Commissions and for consultation with legal counsel for legal advice The Mayor moved each member of the City Council certify that, to the best of each Councilmember s knowledge, (i) only public business matters lawfully exempted from the open meeting requirements in the Virginia Freedom of Information Act, and (ii) only public business matters identified in the motion convening the closed meeting were heard, discussed or considered. The Mayor called for a vote, which carried by a voice vote of 7-0 recorded as follows: Mayor Meyer and Councilmembers DeMarco, Greenfield, Miller, Passey, Schmidt, and Stehle; opposed: none. Actions out of the closed meeting/appointments to Boards and Commissions. Councilmember DeMarco moved to reappoint Jagdish Pathela to the Board of Architectural Review for a three-year term extending through November 1, Councilman Greenfield seconded the motion. Councilmember Schmidt moved to reappoint Geoffrey Seffens to the Commission on the Arts for a three-year term extending through December 31, Councilman Greenfield seconded the motion. Councilmember Miller moved to reappoint Kirk Holley to the Community Appearance Committee for a three-year term extending through November 20, Councilman Greenfield seconded the motion. Councilmember Schmidt moved to reappoint Bruce Knight to the Environmental Sustainability Committee for a two-year term extending through November 17, Councilman Greenfield seconded the motion. Councilmember Stehle moved to reappoint Ed Trexler to the Historic Fairfax City, Inc. for a five-year term extending through December 31,

14 Councilman Greenfield seconded the motion. Councilmember Passey moved to reappoint Janet Jaworski to the Planning Commission for a four-year term extending through December 31, Councilmember Miller seconded the motion. Councilmember Schmidt moved to appoint Julie Moran to The Retirement Plan Administrative Committee as the General Employee Primary Representative for the remainder of three-year term extending through February 28, Councilmember Miller seconded the motion. Council Comments. Councilmember Stehle announced the George Mason University s Witch Watch will be on October 28 th and he encouraged the community to attend. Councilmember Stehle announced that the Open House on the 2035 Comprehensive Plan and Multimodal Transportation Plan will be held on October 19, 2017, at 6:00 p.m. at the Sherwood Community Center and he encouraged the community to attend. Councilmember Stehle thanked the Environmental Sustainability Committee for laying down a marker for the City to strive for platinum status next year for the Green Government Challenge. Councilmember Miller announced that in addition to the Open House on 2035 Comprehensive Plan on October 19 th, there is also the City of Fairfax Theatre Company Cabaret and the Citizen Academy that same evening and she encouraged the community to attend. Councilman Greenfield announced that James Terrell recently passed away and on behalf of the Council, he extended their condolences to his family. Councilman Greenfield announced that Armistice Turtora recently passed away and on behalf of the Council, he extended their condolences to her family. Councilmember Schmidt announced that Fall Festival will be October 14 th ; she encouraged the community to attend the events. 14

15 Councilmember Schmidt announced that the 275th Fairfax County signature lecture on the history of George Mason University will be held on Tuesday, October 17, 2017, at 7:30 p.m. at the Historic Fairfax Courthouse and she encouraged the community to attend. Councilmember DeMarco stated that he and Councilmember Stehle recently had the opportunity to visit with a 3 rd grade class at Providence Elementary to discuss the role of government and he read the thank you note he received from the class. Councilmember DeMarco announced that Colson Whitehead, author of The Underground Railroad, would be at the Sherwood Community Center on October 12 th as part of Fall for the Book and he encouraged the community to attend this and the other Fall for the Book events. Councilmember Passey announced the Fairfax High School wrestling team is hosting a Fall Brawl Cornhole Tournament & Silent Auction fundraiser on October 15 th and she encouraged the community to attend. The Mayor reiterated that the 275th Fairfax County signature lecture on the history of George Mason University will be held on Tuesday, October 17, 2017, at 7:30 p.m. at the Historic Fairfax Courthouse and he would be one of the speakers; he encouraged the community to attend. The Mayor announced that the Pathway Homes Walk for the Homeless on October 21 and he encouraged the community to attend. Adjournment. The meeting adjourned at 9:43 p.m. ATTEST: Mayor City Clerk 15