City Council Regular Meeting May 22, 2018

Transcription

1 Minutes of the regular meeting of the Fairfax City Council on May 22, 2018, at 7:00 p.m. in Council Chambers at Fairfax City Hall Annex. Call to Order: Mayor Meyer called the meeting to order at 7:05 p.m. Members Present: Mayor Meyer and Councilmembers DeMarco, Greenfield, Miller, Passey, Schmidt, and Stehle. Members Absent: None. Presentations and Proclamations. Beverly Myers, Chair of the Chocolate Lovers Festival Committee, presented the Chocolate Lovers Festival Committee Grants to representatives from the Stroke Comeback Center and Fairfax Library Foundation. The Mayor presented a proclamation to Teresa Presson and Elizabeth Yingling, League of Women Voters of the Fairfax Area, acknowledging June 2, 2018 as Gun Violence Awareness Day. The Mayor presented a proclamation acknowledging June 2-10, 2018 as Chesapeake Bay Awareness Week to the following people: School Board Members Jon Buttram, Bob Reinsel, Toby Sorenson, and Carolyn Pitches; Environmental Sustainability Committee Members Alice Lippert, Tim Killian, and Bruce Knight; Bradley Webster, AP Science at Fairfax High School; Anne Nolan, Fairfax High School Teacher and Co-Sponsor for the Green Club; Faiza Alam, Science Teacher at Lanier Middle School; and Green Club Members. Presentations by the public on any item not subject to a public hearing. Robert Reinsel, 3203 Armory Court, addressed the City Council and thanked the Council for the proclamation acknowledging June 2, 2018 as Gun Violence Awareness Day. He encouraged the Council to become members of Everytown for Gun Safety and support Moms Demand Action. 1

2 Adoption of the agenda. Councilman Greenfield moved to adopt the agenda. Councilmember Schmidt seconded the motion, which carried unanimously by voice vote. Consent agenda. Councilman Greenfield moved to adopt the following consent agenda: #7a, Introduction of appropriation resolutions for the fiscal year beginning July 1, 2018; #7b, Introduction of an appropriation resolution in the amount of $636,199 for fiscal year Federal, State and other Grant Expenditures; #7c, Introduction of an appropriation resolution in the amount of $1,517,471 for FY 2018 nondiscretionary expenditures; and #7d, Consideration of a Task Order to Volkert in an estimated amount of $498,998 for Project Inspection and Oversight Consultant Services of the Chain Bridge Road Sidewalk Project at Rust Curve. Councilmember Schmidt seconded the motion. Public hearing and Council action on an ordinance approving a license agreement (renewal) with Fiberlight of Virginia, LLC to use portions of the City s public rights-of-way to construct, operate, maintain, repair and upgrade certain Telecommunications Facilities This public hearing was properly advertised in the May 14 and 21, 2018, issues of The Washington Times. Brian Lubkeman, City Attorney, gave the staff report which was incorporated into the record. He stated that as with other certificated providers of telecommunications services, Fiberlight is seeking access to portions of the City s public rights-of-way for activities associated with its business. He stated that staff has negotiated the license agreement to ensure that Fiberlight complies with City requirements, and applicable laws and regulations, in this area and protects the City s legal and financial interests. The Mayor opened the public hearing. The Mayor closed the public hearing after hearing no testimony. Councilmember Schmidt asked what portions of the City s rights-of-ways would be impacted by this. 2

3 David Summers, Public Works Director, addressed the City Council and stated that Fiberlight has conduit along Fairfax Boulevard from Kamp Washington to Fairfax Circle. He stated that if they need to access the lines, staff makes sure that proper safety and traffic measures are properly handled and that the area is returned in its original form. Councilmember Schmidt asked if there have been any issues with Fiberlight completing their work to the satisfaction of staff. Mr. Summers stated that occasionally staff will need to call them back to the site but that they are responsive to those requests. Councilmember DeMarco asked if the scope of the license agreement has changed. Mr. Summers stated that the scope of the agreement had not changed. Councilmember DeMarco asked if the right-of-way fee had changed. Mr. Lubkeman stated that the fee is set by the state. Councilman Greenfield moved to approve an ordinance granting a license to, and approving a license agreement with, Fiberlight of Virginia, LLC, to utilize portions of the City s public rights-of-way. Public hearing and Council action on an ordinance approving a license agreement with AT&T Corporation to use portions of the City s public rights-of-way to operate, maintain, repair and upgrade certain Telecommunications Facilities. This public hearing was properly advertised in the May 14 and 21, 2018, issues of The Washington Times. Brian Lubkeman, City Attorney, gave the staff report which was incorporated into the record. He stated that as with other certificated providers of telecommunications services, AT&T is seeking access to portions of the City s public rights-of-way for activities associated with its business. He stated that staff has negotiated the license agreement to ensure that AT&T complies with City requirements, and applicable laws and regulations, in this area and protects the City s legal and financial interests. The Mayor opened the public hearing. The Mayor closed the public hearing after hearing no testimony. 3

4 Councilman Greenfield moved to approve an ordinance granting a license to, and approving a license agreement with, AT&T Corp. (AT&T), to utilize portions of the City s public rights-of-way. Approval of minutes. Councilman Greenfield moved to approve the regular meeting minutes of May 8, Closed meeting to discuss appointments to Boards and Commissions and to discuss personnel matters, to discuss acquisition of property for public purposes, and for consultation with legal counsel for legal advice. The Mayor moved the City Council convene a closed meeting under Section A.1 of the Code of Virginia to discuss appointments to Boards and Commissions and to discuss personnel matters, Section A.3 of the Code of Virginia to discuss acquisition of property for public purposes, and Section A.8 of the Code of Virginia 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 7:45 p.m. The Council reconvened the regular meeting at 10:04 p.m. City Council concluded the closed meeting to discuss appointments to Boards and Commissions and to discuss personnel matters, to discuss acquisition of property for public purposes, 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. 4

5 Actions out of the closed meeting/appointments to Boards and Commissions. Councilman Greenfield moved authorize and approve the settlement, on the terms and conditions outlined by the City Attorney in closed meeting, of City of Fairfax v. Jim McKay Chevrolet, Inc. (Fairfax Circuit Court Case No. CL ) and City of Fairfax v. Erwin Four Acres, LLC, et al. (Fairfax Court Case No. CL ). He further moved to authorize the City Attorney to finalize the negotiations and any settlement agreement in this matter, and to authorize the Mayor and the City Manager to execute any documentation necessary to finalize the settlement and to conclude the court cases. Councilmember Miller moved to reappoint Teresa Presson to the Commission for Women for a three-year term extending through July 14, Councilmember Miller moved to reappoint Huilan Larson to the Commission for Women for a three-year term extending through June 30, Council Comments. Councilmember Passey announced that the public hearing for PVI proposed redevelopment is scheduled for June 12, She requested that staff provide the public with an update on the process for the application. Brooke Hardin, Director of Community Development and Planning, addressed the Council and stated that the application is for a planned development and was submitted to staff on May 22, 2018 for the June 12, 2018 Council meeting. He stated that the City Code requires these applications to be submitted 21 days prior to the public hearing. Councilmember Passey asked if the public was able to view what has been submitted by the applicant. Mr. Hardin stated that was correct. 5

6 Councilmember DeMarco stated that he recently participated with staff in a presentation regarding the City s Comprehensive Plan at Lanier Middle School. He thanked Councilmember Stehle for creating this initiative to include the middle school students in the discussion. Councilmember Schmidt announced that she and the Mayor recently presented Robert Pouliot, City of Fairfax Band Conductor, with a proclamation congratulating him on being selected for the Association of Concert Bands Outstanding Conductor Award. Councilman Greenfield requested that a work session be scheduled for June to discuss the issue of inoperable vehicles, vehicles not properly registered with the City, and possible enforcement on private property. He also requested that a discussion on the City s grass ordinance be added to a future work session. Councilmember Stehle thanked everyone who attended the Chesapeake Bay Awareness Week event. Councilmember Stehle encouraged the community to attend the Ride of the Patriots 2018 on May 27, The Mayor announced the Virginia Production Alliance 30th Anniversary/ State of the Industry Event was tonight at the Sherwood Community Center to promote filmmaking in the City. He thanked Lars Sandvik, President of Thundershot Studios, for bringing the event to the City. Adjournment. The meeting adjourned at 10:05 p.m. ATTEST: Mayor City Clerk 6