Minutes of the regular meeting of the Fairfax City Council on March 27, 2018, at 7:06 p.m. in Council Chambers at Fairfax City Hall Annex. Call to Order: Mayor Meyer called the meeting to order at 7:06 p.m. Members Present: Mayor Meyer and Councilmembers DeMarco, Greenfield, Miller, Passey, and Schmidt. Members Absent: Councilmember Stehle. Presentations and Proclamations. None. Presentations by the public on any item not subject to a public hearing. None. 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, Consideration to receive the list of delinquent taxes from the City Treasurer in compliance with State Code Section 58.1-3921, write off taxes in compliance with State Code Section 58.1-3940 and consideration to publish the list of delinquent taxes; #7b, Introduction of a supplemental appropriation resolution to add $14M into the City budget for the George Snyder Trail project; and #7c, Consideration of a Task Order in the amount of $143,289 to Timmons Group for Engineering Services for the Fairfax Blvd/Warwick Intersection Improvements Project. 1
Councilmember Schmidt seconded the motion. Proposed amendments to the Code of the City of Fairfax, Chapter 110 (Zoning) to amend portions of articles and sections contained therein pertaining to the Planned Development Districts and the review and approval procedures associated therewith. This public hearing was properly advertised in the March 14 and 21, 2018, issues of The Washington Times. Brooke Hardin, Director of Community Development and Planning, gave the staff report which was incorporated into the record. He stated that J. Patrick Taves with Greehan, Taves & Pandak PLLC, would be presenting the proposed amendments. Mr. Taves addressed the Council and stated that the Virginia General Assembly amended Code of Virginia provisions during the 2016 session that regulate how and when localities may accept proffers as part of the rezoning process (Va. Code 15.2-2303.4). He stated that proffers are reasonable conditions offered by a land owner or developer as part of an application for a rezoning as a way of mitigating the impacts of the proposed development. Some updates to the procedures associated with the acceptance of proffers were included in the amendments to the City s Zoning Ordinance that were adopted on July 12, 2016. The proposed amendments would pertain to the Planned Development (PD) Districts review and approval procedures and would specify that proffers will not be allowed in those districts. A master development plan submitted by the applicant would include all of the components of the proposed PD district including the components that provide benefits to the City and support its goals and objectives, including those in the Comprehensive Plan. Councilmember Miller asked what minor modifications staff would be permitted to make under the new ordinance. Mr. Taves stated that 6.6.9. lists the proposed changes staff would be permitted to make. He stated that the minor modifications could not materially alter and must be in substantial conformance with the character of the master development plan and are consistent with the purposes and intent of the chapter. The Mayor opened the public hearing. Karen Grycewicz, 3508 Winston Place, addressed the City Council and asked what proffers are allowed and what the City is giving up by these amendments. Mr. Taves stated that the new proffer statute does not allow any new proffers besides the ones currently in existence. He stated that the City is not giving up any proffers. Councilmember DeMarco asked if the Master Development Plan is intended to include components that could benefit the City. 2
Mr. Taves stated that was correct. Mr. Hardin stated that proffers related to Schools, Transportation, Parks, and Public Safety are still included in Planned Development Districts for staff and Council consideration. Ms. Grycewicz stated that new developments place a burden on the nearby schools through added enrollment. She requested that the developers be held responsible for alleviating that burden. The Mayor closed the public hearing. Councilmember DeMarco moved to approve an ordinance amending Chapter 110 (Zoning) to amend portions of articles and sections contained therein pertaining to the Planned Development districts and the review and approval procedures associated therewith. Councilmember Passey seconded the motion. Public hearing and Council action on a Supplemental Appropriation Resolution in the amount of $475,000 for preliminary transportation design and engineering for four (4) Smart Scale applications. This public hearing was properly advertised in the March 19 and 26, 2018, issues of The Washington Times. David Summers, Public Works Director, gave the staff report which was incorporated into the record. He stated that the purpose of this supplemental is to allocate funding for task orders to prepare engineering plans for the purpose of applying for Smart Scale funding for the upcoming application deadline. He stated that staff proposes to apply for the following projects that require advance conceptual design and initial preliminary engineering work: Eaton Place/Chain Bridge Road intersection improvements; Jermantown Road corridor improvements; Warwick Ave./Fairfax Blvd. intersection improvements; and Pickett Road Trail connector improvements. The Mayor opened the public hearing. Karen Grycewicz, 3508 Winston Place, addressed the City Council and stated that she appreciates the City addressing the traffic issues on Jermantown Road but that widening the road to four lanes will not solve the traffic issues in that area. Mr. Summers stated that the Jermantown Road corridor improvements project is in the preliminary stages and there will be many opportunities in the future for community involvement prior to the application being submitted. He stated that this project is not a road widening project 3
but instead it will examine the entire corridor and identify ways to improve vehicular and pedestrian traffic, its appearance, and aspects of drainage. Ms. Grycewicz urged the staff to study the traffic on Jermantown Road during the start and end times of the nearby schools. Mr. Summers stated that the traffic study will be conducted in April and will occur during those times. The Mayor closed the public hearing. Councilman Greenfield moved to approve an appropriation resolution in the amount of $475,000, transferring monies from the Transportation Tax Fund to the Capital Fund in order to fund transportation planning and engineering tasks for proposed Smart Scale Projects. Councilmember Miller seconded the motion. Public hearing on the City of Fairfax proposed budget for FY19. (Budget adoption is set for May 2, 2018.) The Mayor opened the public hearing. Dale Lestina, 10025 Blue Coat Drive, addressed the City Council and stated that he is the Chair of the Renaissance Housing Corporation and that the neighborhood renaissance program was developed to facilitate the home renovation process for residents and this program includes many exciting new initiatives along with the best of the existing programs to aid homeowners. He stated that the neighborhood renaissance services are designed to help homeowners plan and complete their home improvement projects. He provided an update on the 2017 applications and completed renovations. He stated that the monies in the account are low and he requested that the Council approve an additional $50k for the program. Tom Ross, 3520 Country Hill Drive, addressed the City Council and stated that he recently improved his home through the Renaissance Housing Corporation program. He stated that he supports the $50k increase, as requested by the Chair of the Renaissance Housing Corporation. Judy Fraser, 4513 Spring Lake Terrace, addressed the City Council and stated that the proposed FY19 budget does not reflect the City s commitment to its lands and water. She stated that the City s parklands require various expertise to maintain its viability. She stated that the members on the Environmental Sustainability Committee and the Community Appearance Committee have urged the Council to create an arborist position for several years and that she hopes it is included in the FY19 adopted budget. She stated that there needs to be an invasive plant 4
management plan created to address the invasive plant issues in the City. She stated that a holistic study on the City s stormwater is needed. Karen Grycewicz, 3508 Winston Place, addressed the City Council and stated that an invasive plant management plan will save money in the long-term. She urged the Council to add funding to the budget for the creation and implementation of the invasive plant management plan. The Mayor stated that the public hearing on this item would remain open until May 2, 2018, budget adoption night. Approval of minutes. 2018. Councilmember Schmidt moved to approve the regular meeting minutes of March 13, Councilmember DeMarco seconded the motion. (Councilman Greenfield abstained and Councilmember Stehle was absent.) The Mayor recessed the regular meeting to go into a work session at 8:09 p.m. The Mayor reconvened the regular meeting at 9:20 p.m. Council Comments. Councilmember Miller thanked staff for their quick response to the snowfall last week. Councilmember Passey announced that she recently joined Josh Alexander, the Regional Manager of Coyote Grill, Kurt Hoffman, Parks Supervisor, and George Mason University students for the first ever Sager Trail cleanup, which was sponsored by Coyote Grill. She thanked Coyote Grill, staff, and the students for participating in the event and for their hard work cleaning up the trail. Closed meeting to discuss a prospective business where no previous announcement has been made, to discuss personnel matters, and for consultation with legal counsel pertaining to litigation and for legal advice. The Mayor moved the City Council convene a closed meeting under the Code of Virginia, Section 2.2-3711.A.5 to discuss a prospective business where no previous announcement has been made, under Section 2.2-3711.A.4 to discuss personnel matters, under Section 2.2-3711.A.7 for consultation with legal counsel pertaining to litigation, and 2.2-3711.A.8 of for consultation with legal counsel for legal advice. 5
The Mayor called for a vote, which carried by a voice vote of 6-0 recorded as follows: Mayor Meyer and Councilmembers DeMarco, Greenfield, Miller, Passey, and Schmidt; opposed: none. The Council went into a closed meeting at 9:22 p.m. The Council reconvened the regular meeting at 10:30 p.m. City Council concluded the closed meeting convene a closed meeting to discuss a prospective business where no previous announcement has been made, under Section 2.2-3711.A.4 to discuss personnel matters, under Section 2.2-3711.A.7 for consultation with legal counsel pertaining to litigation, and 2.2-3711.A.8 of 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 6-0 recorded as follows: Mayor Meyer and Councilmembers DeMarco, Greenfield, Miller, Passey, and Schmidt; opposed: none. Adjournment. The meeting adjourned at 10:30 p.m. ATTEST: Mayor City Clerk 6