City Council Regular Meeting November 17, 2015

Transcription

1 City Council Regular Meeting November, Minutes of the regular meeting of the Fairfax City Council on November, 0, at :00 p.m. in Council Chambers at Fairfax City Hall Annex. Call to Order: Mayor Silverthorne called the meeting to order at :00 p.m. Members Present: Mayor Silverthorne and Councilmembers DeMarco, Greenfield, Loftus, Meyer, Miller, and Schmidt. Members Absent: None. Presentations and Proclamations. The Mayor informed the community that today was his 0 th birthday and that he was recently diagnosed with squamous cell carcinoma of the neck. He stated that his doctor has advised him that it has not spread throughout his body and should be highly treatable and curable. He stated that his doctor believes treatments will not impact his ability to serve as mayor and that he will be much healthier in time for the spring elections. He stated that he is not looking for sympathy but believes in the power of prayer. He thanked Councilmember Miller for her support and being by his side for each appointment. Councilman Greenfield presented Mayor Silverthorne with a proclamation acknowledging November, 0 as Mayor R. Scott Silverthorne Day. Chuck Bean, Executive Director of Metropolitan Washington Council of Governments (MWCOG) presented the services to localities to the Council. He stated that MWCOG is an independent, nonprofit association that brings area leaders together to address major regional issues in the District of Columbia, suburban Maryland and Northern Virginia. He stated that MWCOG s membership is comprised of 00 elected officials from local governments, the Maryland and Virginia state legislatures, and U.S. Congress. He stated that the policies are set through the MWCOG Board of Directors, the National Capital Region Transportation Planning Board, and the Metropolitan Washington Air Quality Committee. He stated that MWCOG was founded in and is supported by financial contributions from its participating local governments, federal and state grants and contracts, and donations from foundations and the private sector. He stated that Region Forward is the MWCOG vision and it s a commitment by MWCOG and its member governments, who together seek to create a more accessible, sustainable, prosperous, and livable National Capital Region. He stated that the key MWCOG documents include the Annual Report, Strategic Plan, Region Forward, Work Program and

2 City Council Regular Meeting November, Budget, and the Audited Financial Statements, Bylaws, Rules of Procedure, and Policy Platform. He stated that for over years, MWCOG has helped tackle metropolitan Washington s biggest challenges, such as restoring the Potomac River, ensuring the Metro system was fully built, and strengthening emergency preparedness after September, 00. He stated that currently, MWCOG s top priority is advancing the Region Forward vision through the work of its Board of Directors, policy boards, committees, and programs. Councilman Meyer stated that he is the City s representative on the MWCOG Board. He stated that this organization promotes cooperative discussion and leadership and has experts at every level. Presentations by the public on any item not subject to a public hearing. Lorey Gordon, 0 Chain Bridge Road, addressed the City Council and presented the Council with a petition signed by the business owners located within the Moore-McCandlish House, located at 0 Chain Bridge Road, in support of the proposed Chain Bridge Road sidewalk project. She stated that they are in support of the proposed project for the following reasons: The proposed project would extend the current sidewalk to the neighbors in the Rustfield and Taba Cove communities. It would benefit the local businesses, especially Choices by Shawn. It would provide a short walk to the location from the two communities. It would address a major safety issue leaving the parking lot located at the Moore- McCandlish House. Jon Stehle, 0 Snughaven Lane and Chairman of the Parks and Recreation Advisory Board (PRAB), addressed the City Council and stated that the entire Board is in favor of naming the Bowl in Van Dyck Park after Ms. Armistice Turtora, who was instrumental in establishing the City s park system. He also stated that PRAB recently adopted their strategic plan and he addressed the goals of that plan. Adoption of the agenda. Councilman Greenfield moved to adopt the agenda. Councilman Meyer seconded the motion, which carried unanimously by voice vote. Consent agenda. Councilman Greenfield moved to adopt the following consent agenda:

3 City Council Regular Meeting November, #a. Introduction of a resolution for the reappropriation of Capital Project Funds to FY0 that were appropriated in FY0 and have not yet been spent as of June 0, 0; #b. Consideration of a resolution naming the open field known as The Bowl in Van Dyck Park after Ms. Armistice Turtora, who was instrumental in establishing the City s park system; and #c. Introduction of an ordinance granting The Lamb Center a charitable exemption from personal property taxes and taxes for the commercial real estate located at 0 Campbell Drive, Fairfax, Virginia and more particularly described as tax map parcels & 0. Councilman Meyer seconded the motion. Councilmember Schmidt asked that agenda item #b be pulled from the consent agenda for discussion. The Mayor called for a vote to approve the consent agenda items a and c, which carried unanimously by a voice vote. Consideration of a resolution naming the open field known as The Bowl in Van Dyck Park after Ms. Armistice Turtora, who was instrumental in establishing the City s park system. Cathy Salgado, Director of Parks and Recreation, gave the staff report which was incorporated into the record. She stated that this item pertains to approval of a resolution naming the open field known as the bowl at Van Dyck Park after Armistice Turtora, the first Chair of the Park and Recreation Advisory Board. She stated that Ms. Turtora has been a resident of the Town, and later the City of Fairfax since and has been actively involved in the community throughout her years in the City serving on the Country Club Hills Civic Association in a number of roles including president. She stated that Ms. Turtora was instrumental in the establishment of the Parks and Recreation Advisor Board (PRAB), serving as its first Chair in and in 00, she joined the Commission on the Arts, where she has served for the past 0 years. She stated that the dedication would take place at the upcoming Spotlight on the Arts and a maker, highlighting her biography, will be placed there. Councilmember Schmidt thanked Ms. Turtora for her years of service to the City. The Mayor thanked Ms. Turtora for her years of service to the City and stated that she is currently on the Commission on the Arts and is still continuing that service to the City.

4 City Council Regular Meeting November, Councilmember Schmidt moved that the City Council approve the resolution naming the open field known as The Bowl at Van Dyck Park the Armistice Turtora Field in recognition of her many contribution to the City of Fairfax over the past six decades. Councilman Greenfield seconded the motion. The Mayor called for a vote on the motion, which carried unanimously by a voice vote. Public hearing and Council action on a request of R.O. Dickson to reverse a Board of Architectural Review decision to approve an application with the condition that shutters not be permitted on the buildings located at 00 and 0 Main Street, more particularly known as tax map parcels and 0. This public hearing was properly advertised in the November, 0, issue of The Washington Times. Kelly O Brien, Planner II, gave the staff report which was incorporated into the record. She illustrated the location of the property and stated that the applicant is requesting to reverse a Board of Architectural Review decision to approve an application with the condition that shutters not be permitted on the buildings located at 00 and 0 Main Street. She stated that applicant also requested to change the colors of the building and the signage, which were approved. She stated that the applicant is proposing to place fixed plastic residential shutters on either side of the large windows on the front façade of the building located at 00 Main Street. She stated that staff is concerned that the proposed shutters are not proportionate to the four panel windows. She stated that the applicant is also requesting shutters for the side and back windows of the building located at 00 Main Street. She stated that the applicant is requesting shutters for the second story windows for the building located at 0 Main Street. She stated that the requested shutters are not proportionate to the windows and the building is not the correct size to warrant the correct size shutters. She stated that staff recommends approval subject to the following conditions: The proposed construction, materials, and colors shall conform to the information included in the staff report, and as may be modified below or as may be modified to reflect any additional improvements that may be required by the Zoning Ordinance, Building Code and/or the Board of Architectural Review, and as may be modified by the Director of Community Development and Planning. No shutters shall be installed and any installed previously without approval shall be removed. The coping for 00 shall match the colors of the wall it is attached to. Councilmember Loftus asked if the two attachments in the staff report are legally binding.

5 City Council Regular Meeting November, Ms. O Brien stated that those documents are used by the Board of Architectural Review in deciding cases. Councilmember Loftus asked if those documents were legally binding. The City Attorney stated that they are not legally binding and they are only guidelines and not laws. Councilmember Schmidt asked if the building was considered to be historic. Ms. O Brien stated that the 0 Main Street building is classified as a contributing structure but currently not considered a historic building. Councilmember Schmidt asked what the difference was between a historic building and a contributing structure. Ms. O Brien stated that a historic building meets the requirements of the Department of the Interior and contributing structures have characteristics that embody a particular timeframe. Councilmember Miller asked when the design guidelines were last updated. Ms. O Brien stated that it has been over 0 years. Councilmember Miller asked why some nearby buildings have shutters and these properties are not allowed to have them. Ms. O Brien stated that there are properties in the Downtown that have the plastic shutters without the Board of Architectural Review approval and there is not enforcement staff available to address those infractions. Councilmember Miller asked if the issue was plastic versus wood shutters or having them at all. Ms. O Brien stated that the issue is both. She stated that the preferred material is wood over plastic. Councilmember Miller asked why the request for shutters at 00 Main Street was denied if that building had them in the past. Ms. O Brien stated that the style of the windows have changed and now there is not a need for them. The Mayor opened the public hearing.

6 City Council Regular Meeting November, Rick Dickson, Rogues Road, addressed the City Council and stated that he is requesting the Council to reverse the decision made by the Board of Architectural Review to not allow shutters to be placed on the buildings located at 00 and 0 Main Street. He stated that the shutters are needed to maintain the cohesiveness of the Downtown. He stated that there is a disparity across the board in terms of shutters and enforcement. Councilmember Miller asked if installing fixed wooden shutters reduces the quoted cost. Mr. Dickson stated that the cost would be reduced significantly and that he would place twentieth century wood shutters on the buildings based on cost. Councilmember Miller asked if he is requesting to place shutters on the windows facing the parking lot on 00 Main Street. Mr. Dickson stated that they would be placed on the east façade of that building and the north and west façade of the buildings located at 0 Main Street. Councilmember Loftus asked if the proposed shutters will be placed in the locations, as illustrated by staff. Mr. Dickson stated that was correct. Councilmember Loftus asked what style of shutters is proposed. Mr. Dickson stated that they would be paneled. Councilmember Loftus asked if the front façade of 00 Main Street would not have shutters and that shutters would be placed on the second story windows on the front façade and all windows along the west facade of 0 Main Street. Mr. Dickson stated that was correct. Councilmember Loftus asked if the colors were final, as depicted in the presentation. Mr. Dickson stated that the shutters at 0 Main Street would be dorset gold in color. Councilmember Loftus asked if the painted color of the staircase at 0 Main Street was final. Mr. Dickson stated that was correct. Councilmember Loftus asked if the second story front façade of 0 Main Street would be painted the same shade of blue that is currently on the building.

7 City Council Regular Meeting November, Mr. Dickson stated that was correct. He thanked staff for their time and hard work that they spent on this project and others to ensure that the Downtown remains a high quality location. Eric Snyder, Goldsmith Lane, addressed the City Council and stated that this process has been arduous due to the City s design guidelines not being updated in over twenty years. He illustrated pictures of the buildings from the past and that the color scheme and shutters will allow the buildings to stand out. The Mayor closed the public hearing. Councilman Greenfield asked if a decrease in the number of shutters was discussed with the Board of Architectural Review. Ms. O Brien stated that it was not discussed with them. Councilman Greenfield stated that a compromise has been reached to reduce the number of shutters and he asked if this request can then be sent back to the Board of Architectural Review for consideration. The City Attorney addressed the Council and stated that it is the Council s decision to make regarding this request. Councilmember Loftus moved that the City Council overturn condition # of the Board of Architectural Review on application number BAR-00 and approve the application as submitted, and as further modified, for the properties located at 00 and 0 Main Street, more particularly known as tax map parcels and 0. Councilmember Loftus asked if the modification needs to be articulated and in how much detail. The City Attorney stated that the modification needs to be articulated and have as much detail as necessary for the Board of Architectural Review. Councilmember Loftus moved that the City Council overturn condition # of the Board of Architectural Review on application number BAR-00 and approve the application as submitted, and as further modified by the applicant to eliminate the shutters on the front façade of building number 00, for the properties located at 00 and 0 Main Street, more particularly known as tax map parcels and 0. Councilmember Schmidt seconded the motion. Councilmember Miller asked if this motion allows the applicant to install plastic shutters.

8 City Council Regular Meeting November, Councilmember Loftus stated that the applicant has requested permission to install composite shutters and the materials available has changed and are not reflected in the current the guidelines, as amended over twenty years ago. She stated that her motion allows the applicant to choose the most esthetically pleasing shutters for the buildings. Councilmember Miller moved to amend the motion to include that it is the desire of the Council to use only wood shutters on the buildings. The City Attorney stated that this amendment states a Council intent and not a requirement for the applicant. Councilmember Miller moved to modify her amendment to include that the applicant is required to only install wood shutters. Councilman Greenfield seconded the motion. Councilmember Miller stated that the applicant indicated that he is in favor of wood shutters and that she prefers that material. Councilmember Schmidt disclosed that she received a campaign contribution in excess of $00 from the applicant. Councilmember Schmidt stated that she prefers the wood shutters and she thanked the applicant for the current improvements to the building. Councilman Meyer encouraged the applicant to install the wooden panel shutters if the amendment is approved. The Mayor called for a vote on the amendment, which carried - by a voice vote. (Councilmember Loftus opposed.) Councilman Meyer stated that he supports the motion and requested that staff work with the Board of Architectural Review to revise and update the design guidelines to provide uniform conformance. Councilmember Loftus stated that this is the process and that she hopes this decision is not taken harshly by the Board of Architectural Review. Councilmember Loftus disclosed that she received a campaign contribution in excess of $00 from the applicant. Councilmember Miller thanked Mr. Dickson and Mr. Snyder for their investment into their buildings and the City.

9 City Council Regular Meeting November, The Mayor disclosed that he received a campaign contribution in excess of $00 from the applicant. Councilman Greenfield disclosed that he received a campaign contribution in excess of $00 from the applicant. Councilman Greenfield stated that he shares the same frustration over the inconsistency in the design guidelines and that he too prefers the wood shutters. Councilman DeMarco disclosed that he received a campaign contribution in excess of $00 from the applicant. Councilman DeMarco thanked Mr. Dickson and Mr. Snyder for enhancing their properties and working with other business owners to do likewise. The Mayor called for a vote on the main motion, as amended, which carried unanimously by a voice vote. Mr. Dickson stated that the members of the Board of Architectural Review encouraged them to bring this application to the Council and that those members are also frustrated with the current guidelines. Public hearing and Council action on the proposed FY0 Budget Guidelines. This public hearing was properly advertised in the November and, 0, issue of The Washington Times. The City Manager gave the staff report which was incorporated into the record. He stated that the Council provides policy direction to the staff in preparation of the annual budget through a series of budget guidelines, which were presented, in draft form, at the November, 0 work session. He stated that the major point that was discussed was creating a fixed tax rate for the staff to base the proposed budget upon. He stated that only addition is under the operating section and pertains to maintaining City services at existing levels and, to the extent possible, minimize reliance on tax rate increases to balance the City s proposed budget. The Mayor opened the public hearing. The Mayor closed the public hearing after hearing no testimony. Councilman Greenfield moved adoption of the attached Proposed Budget Guidelines to be used in the preparation of the Fiscal Year 0 Budget. Councilman DeMarco seconded the motion.

10 City Council Regular Meeting November, Councilman Greenfield stated that these are guidelines and not set in stone but provide the staff with the flexibility to create the proposed budget while maintaining the highest level of service at the lowest possible tax rate. The Mayor called the vote on the motion, which carried unanimously by a voice vote. Approval of minutes. None. Actions out of the closed meeting/appointments to Boards and Commissions. None. Council Comments. Councilman DeMarco wished everyone a Happy Thanksgiving and safe travels for those traveling. Councilmember Schmidt wished everyone a Happy Thanksgiving and invited the community to attend the Holiday Craft Show at Fairfax High School on November -, 0. Councilman Greenfield wished everyone a safe and Happy Thanksgiving. Councilmember Miller wished the Mayor a Happy Birthday and invited the community to take part in the Fairfax Turkey Trot on November, 0, which benefits the City s Fire Department Benevolent Fund. The Mayor recessed the regular meeting to go into a work session at : p.m. The Mayor reconvened the regular meeting at 0: p.m. Adjournment. The meeting adjourned at 0: p.m. Mayor 0

11 City Council Regular Meeting November, 0 ATTEST: City Clerk