Town Council Meeting

Charles A. Robinson Jr. Town Town of Vienna Hall 127 Center Street South Vienna VA, 22180 Meeting Minutes Town Council Meeting Monday, February 23, 2015 8:00 PM Charles A. Robinson, Jr. Town Hall, 127 Center Street, South Regular Council Meeting Invocation: Rev. Johnny Kurcina, Christ Church Vienna Pledge of Allegiance to the Flag of the United States of America 1. Roll Call Present: 7- Council Member Emil Attanasi, Council Member Linda Colbert, Council Member Edythe Frankel Kelleher, Council Member Pasha Majdi, Council Member Carey J. Sienicki, Council Member Howard J. Springsteen and Mayor Laurie DiRocco 2. Approval of the Minutes: A. Approval of the Minutes of the Regular Council Meeting of January 26, 2015 and the Work Session of January 12, 2015. It was moved to approve the minutes of the Regular Meeting of January 26, 2015 as amended and the Work Session of January 12, 2015 as submitted. A motion was made by Council Member Attanasi, seconded by Council Member Sienicki, that the Minutes be approved. The motion failed by the following vote: 3. Receipt of petitions and communications from the Public Mr. Sean McClorey, 702 Hine St. SE asked Council when they think the re-design plans for Follin Lane project will be posted to the website. Mr. Payton stated that he had a conversation with Mr. Johnson last week and the information should be coming back from the Engineers soon. Mr. Johnson stated that they have been promised Friday several Fridays running and he was told recently the Engineers need a little more time, so it may be another ten days. It is very close to being finished. As soon as they have them they will post it immediately. 4. Reports/Presentations A. Proclamation for 125th Anniversary of Vienna. Mayor DiRocco presented the Proclamation for the 125th Anniversary of the Incorporation of the Town of Vienna. She thanked Councilmember Carey Sienicki and Town Clerk, Melanie Clark for their help in preparing the Proclamation. A motion was made that the Proclamation be approved. The motion carried by a unanimous vote. A. Report and Inquiries of Council Members Town of Vienna Page 1 Printed on 4/15/2015 Town Council Meeting Meeting Minutes February 23, 2015 Councilmember Attanasi thanked the Fire Department for the invitation and participation for the Volunteer Fire Department Dinner and especially wanted to recognize Councilmember Springsteen for receiving the Kate Johnson Award that night. Councilmember Springsteen announced that he had received notice from the Board of Elections that his petitions for re-election have been accepted. Councilmember Springsteen asked the Public Works Director to provide an update on the current situation with water breaks. Mr. Johnson stated they had five water breaks during the snow storm on Saturday, three on Sunday, five today and the Community Center was out of water. They have been very busy and even made the news. Councilmember Sienicki reported that Vienna was also on the news for a good thing; the news highlighted that the sidewalks in Town were exceptionally clear along Maple Avenue as the weather and traffic crew were going by. Councilmember Sienicki reported that her petitions have also been certified for re-election. Councilmember Majdi thanked the Town Staff from the Town Manager all the way down for clearing all the snow and keeping the streets clear. He also noted that they have an all new logistics set up for accomplishing that and they had excellent results. He thanked the Town Manager and Directors for implementing that and the staff for adapting to the new system. Councilmember Majdi reported that he was able to attend the Hunter Mill Transportation Advisory Committee meeting and there are four intersections that are slated for work that are highlighted on the document he will pass around to Council. One intersection is on Maple Avenue and three are in the Westbriar Community. B. Report of the Town Manager Mr. Payton also mentioned as a few Councilmembers did as well, he too is appreciative with the Town Staff response to not only the water main breaks but also their snow removal efforts. He is very appreciative of their hard work in some of the conditions that are quite cold in the middle of the night. C. Report of the Mayor Mayor DiRocco also thanked Public Works and Parks and Recreation for their work both on snow removal as well as dealing with water main breaks. Mayor DiRocco reported that she attended a Greater Tysons Concerned Citizens meeting that had Michael Caplin, President of Tysons Partnership attend and he provided information of what is going on in Tysons. She thought it was very interesting to hear what they are doing, how they are moving forward, what the things are they are looking at within the infrastructure and snow removal etc. in that area. The Greater Tysons Citizen Association will also be having another meeting on Thursday March 19th at 7:30 p.m. at the McLean Community Center and these meetings are open to the public. They are looking to have the Fairfax County Parks and Rec Department speak at that meeting to give information on what is happening in Tysons with regards to Parks and Rec. Mayor DiRocco also reported on the Town's 125th Anniversary Celebration which Town of Vienna Page 2 Printed on 4/15/2015 Town Council Meeting Meeting Minutes February 23, 2015 will be held on Saturday, February 28th from 12:00 p.m to 3:00 p.m. It will be held in front of the Freeman Store and on the Town Green. There will be bon fires, animal demonstrations, a short play and they will sing happy birthday to the Town. D. Proposals for Additional Items to the Agenda None E. Closed Session It was moved that the members of the Vienna Town Council be polled to affirm that during the Closed Session convened this date, Monday, February 23, 2015, the Town Council met for purposes of discussion of personnel matters, specifically the interviewing of individuals for consideration of appointment to a Town Board or Commissions. It was further moved that the Certification Resolution be adopted in accordance with State Statutes, and that the Town Clerk is authorized to execute the Certification Resolution. It was further moved that the Closed Session be continued to Monday, March 16, 2015, at 7:30 p.m. in accordance with Virginia Code Section 2.2-3711A(1), for purposes of discussion of personnel matters, specifically the interviewing of individuals for consideration of appointment and/or re-appointment to Town Boards and Commissions. Motion: Councilmember Kelleher Second: Councilmember Attanasi Carried Unanimously It was moved that David Steiner be re-appointed to the Community Enhancement Commission for a two year term. Said term shall be retroactively in effect from December 18, 2014 to December 18, 2016.” A motion was made by Council Member Edythe Frankel Kelleher, seconded by Council Member Emil Attanasi, that this item be approved. The motion carried by the following vote: Aye: 7- Council Member Attanasi, Council Member Colbert, Council Member Kelleher, Council Member Majdi, Council Member Sienicki, Council Member Springsteen and Mayor DiRocco 5. Public Hearings A. Public Hearing for Navy Federal Credit Union Pedestrian Bridge Air Rights License and Agreement. Mayor DiRocco called the Public Hearing to order at 8:17 p.m. The Town Clerk called the role and all members of Council were present. Mr. Matt Flis, Interim Director of Planning and Zoning, explained that the Public Hearing is to consider an Air Rights License and Agreement for a Pedestrian Bridge that will cross Electric Avenue. The next item on the agenda Council will be considering the Site Plan for the proposed Navy Federal Building located at the adjacent site. The Air Rights Agreement is for the use of the public right of way for more than five years. The applicant is in attendance and will provide an overview of Town of Vienna Page 3 Printed on 4/15/2015 Town Council Meeting Meeting Minutes February 23, 2015 what the pedestrian bridge looks like and what it involves. The Town Attorney can touch on some of the legal issues. Mr. Briglia stated that Navy Federal Credit Union has expressed the desire to re-develop the south side of Electric Avenue. It already owns one of the lots and has acquired the other one that used to be a government facility. The sites are currently developed so this would be a re-development with new buildings and new entrance ways as part of the site plan. This would facilitate movement back between two sites, the north and south side of Electric Avenue. Navy Federal Credit Union approached the Town with the concept of putting a pedestrian bridge for hundreds of employees to go back and forth. There is also a significant cafeteria on the other side so there are going to be a lot of reasons for a lot of pedestrian flow between the two sites. So to facilitate that, they proposed a pedestrian bridge to cross from north to south into one of the newer buildings specifically to keep pedestrians out of the right of way. We have never done this in the Town so he reached out to some surrounding jurisdictions and Arlington has some private pedestrian bridges in between buildings, some are open to the public and some are between existing buildings. He inquired with the Town Attorney of Arlington what issues they had, if any, and they haven't had any. His specific inquiry with the jurisdictions was what issues they had with maintenance and they indicated they have not really had any issues, the issues they had were related to re-development issues. With that in mind they came up with this Air Rights License and Agreement for Navy Federal Credit Union and the two things they need to be aware of under the Constitution of Virginia is Council can consider granting an Air Rights License which was traditionally for railroads, so when you think of it in that context they are up to sixty years under the Constitution, greater than five and up to sixty. That is longer than the traditional four year license for the use of the right of way usually issued to cable companies, telephone companies and gas companies, allowing the franchises to use the right of ways. The Air Rights is a little different than that, the proposed Air Rights Agreement would just be for air rights, there would be no ground rights needed. The proposed pedestrian bridge would be on private property, it is just to cross the street and they will need a license for that. The draft license agreement is drafted to cover the Town's interest and the Constitutional requirements and will also have some civic provisions about the maintenance, the maintenance bond that will be posted by Navy Federal Credit Union, specific provisions that comply with any inspection requirements from Virginia Department of Transportation, local zoning requirements in which they will have to go through with a site plan, notification involved in repair for the Town. Provisions that Town has so that if they don't act the Town can act. They will have to come in and show the Council what they propose it to look like. This is just for the privilege to put something across the right of way. The site plan will cover all the other specifics of the bridge and what it looks like. The reason this is separate from the site plan is because of the requirement for a Public Hearing and if the Council for some reason was not inclined to grant a license then obviously the site plan would change. If Council is inclined to grant the license then the motion should be conditioned upon approval of the final site plan that would incorporate the pedestrian bridge. Mr. Briglia does recommend that Council grant the agreement for no more than thirty years because he thinks that is enough time for the applicant to recover their capital costs of construction but also gives the Town time to review this, to see if in the long term, it is in the best interest of the Town. Councilmember Attanasi asked who is accountable for the inspections of the bridge and so forth. Mr. Briglia stated that Navy Federal Credit Union or its successor would be responsible for maintaining the permit through VDOT, the inspections, and any engineering inspections that need to be done. Councilmember Attanasi asked if the Air Rights are assignable, if indeed, the property changes hands. Mr. Briglia Town of Vienna Page 4 Printed on 4/15/2015 Town Council Meeting Meeting Minutes February 23, 2015 stated it would be assignable but only under the same conditions and terms of the bond being maintained. Mr. Briglia pointed out that they are separated by street but they are going to be private security controlled entrances on the grid. You could take those out but the bridge is going from the North Side of Electric Avenue directly into the building so it is not going be opened to the general public. He thinks the the chances of it staying up if lots are sold to separate owners are slim to none. He also stated that in the preamble in the background there is a provision that says the Town has approved the construction, doesn't need to appear. That was suggested and it was already in agreement, so the Town would strike E in the final agreement. Mr. Jon Gissendanner of J3 Design, Architect for the project described the purpose and the characteristics of the bridge. He showed a few pictures to Council. First of all the bridge is intended to provide connection between the two Navy Federal parcels to enhance pedestrian safety, to mitigate a source of traffic congestion on the on grade crossing and to provide a direct connection for employees that may park on one side of the street but work on the other side of the street. The bridge goes from the middle of the proposed building up to the parking lot level, which is about 18' above the street grade, at the existing Navy Federal Parking lot. To describe the bridge, it is going to be a gently arched steel tress, covered but unenclosed. It will have a wire mesh on the sides to protect pedestrians and also protect cars from someone throwing something over. It will be a baton seamed metal roof, fairly dark gray colors, a snow melt system in the walkway and the lighting will be shielded so there will be no glare reflecting down on the street. The length of the bridge is about 221'. The right-of-way that it crosses is about 60' at this location. The bridge leaves the building at the 2nd floor and lands at about the same point on the existing Navy Federal side. The minimum clear height in the right-of-way is 16'6", this reflects VDOT's recommendations for pedestrian bridges which is actually higher than vehicular bridges and it is a minimum of 15'2" before you are over the drive aisles on Navy Federal's property, which exceed the building code and the Fairfax County Fire Marshall. He continued with a powerpoint presentation to show Council how it will look. Councilmember Springsteen stated that clearly this is critical to make this campus a success, if you don't have the bridge people would have to cross the street. Mr. Gissendanner stated that if people have to cross the street they would expect a couple hundred crossings a day. Councilmember Kelleher asked about the access from the parking lot on the north side of the street, is that a controlled access. Mr. Gissendanner stated that yes it would be a controlled access with a gate. Councilmember Kelleher asked if the employees would have their cards that they use to get in the building, to access the bridge as well so kids would not be able to get on the bridge. Mr. Gissendanner stated that was correct. Councilmember Attanasi asked if the bridge would be open 24 hrs for internal employees. Mr. Gissendander stated that he would think if employees have card access it would be controlled anyway they wanted to set it but he wouldn't anticipate employees crossing the bridge late at night very often. Mr. George Eichert of Navy Federal Credit Union stated that it is a 24/7 facility and they have not determined what part of the business will be in the new building, it might change but most of the facility is 24/7 so that is what he would anticipate. Mrs. Loretta Roby, 203 Mashie Drive, stated that she too works at a facility that has a bridge across the road and her experience as an employee she uses the bridge because she thinks it is safer but there is a large number of her fellow workers that Town of Vienna Page 5 Printed on 4/15/2015 Town Council Meeting Meeting Minutes February 23, 2015 don't use the bridge and they dart across the road. She asked if there is going to be a crosswalk in addition to the bridge. Mr. Gissendanner stated that there will be a crosswalk with the proposed traffic signal and pedestrian walk signal. He also added that the one advantage that this bridge has that others don't is that you are not forced to walk up or down ramps or stairs to get to the bridge; you can walk straight onto it. Mrs Roby stated that her office bridge you can also walk straight on to it and there have been quite a few missed calls because her office building also has a crosswalk at the light. But as you can imagine the bridge is not at the light and that is the most convenient spot for people to be crossing and she would venture to say there is going to be a lot of people crossing the street there, right under the bridge. She also stated that she did not see any posted signs about the hearing for the air rights and asked why was there not any signs posted about the hearing. This is a very large structure that is going into Vienna and this is the only one in Vienna of this kind and she would think people would be interested in this particular topic because this could help a lot of the congested streets and yet there was no posting. She stated that maybe they wanted it that way, maybe they didn't want people in Vienna to know about it. Mayor DiRocco stated that was not the case and asked Mr. Flis to let them know how they were notified. Mr. Flis stated that there are two items on the agenda, one for the Public Hearing which was advertised in the newspaper twice, the site plan which they will be hearing, is not a Public Hearing and they sent out notices to all the abutting, adjoining neighbors in addition to some additional properties so they were notified per the Town Code. Mayor DiRocco stated the reason we have Public Hearings is for the public to come forward and give feedback or to see what is happening within the Town. Mr. Eichert stated that he understands what Mrs. Roby is saying but he wanted to make two points; one is on the elevated crosswalk and what they are going to do, which is not part of this plan, but it is their intention to have a covered walkway from there to the main part of Navy Federal headquarters so it is going to be very convenient for their people. It will be the natural place for people to go because it is covered. The reason for the crosswalk is there is a trail that goes around the back of Navy Federal now and they want to maintain that for people who are walking to go to the W&OD trail. Mr. Matt DiFiore, 207 Owaissa Court stated that Air rights is a pretty benign subject and by itself, sure go ahead. His thought when he read about this he thought it was going to connect to the existing buildings that are there and then he had to do a lot more reading to understand the full scope of this. To say that you can have a Public Hearing on this without understanding the full impact of the site plan is a little disingenuous because they combine. The bigger issue is that when this is built it is going to take out a lot of trees and he would love to know more detail. If they are going to talk about air rights and they are concerned about people crossing then maybe there has to be some barrier to keep people from crossing at street level. He understands that it is all one big thing and the Town is probably going to be very appreciative of the re-development, hopefully there will be more ratables and the percentage of homeowner taxes and commercial taxes will change but that is the next thing coming up and he is not sure they will get all those answered. Mayor DiRocco thanked him for his questions and stated that they will be hearing this but it will be contingent upon the site plan approval. The air rights don't happen unless the site plan is approved. All of those things will be talked about, such as stormwater management, tree canopy etc. It was moved to close the Public Hearing. Motion: Councilmember Attanasi Town of Vienna Page 6 Printed on 4/15/2015 Town Council Meeting Meeting Minutes February 23, 2015 Second: Councilmember Sienicki Carried Unanimously Councilmember Kelleher asked Mr. Briglia about the concern that people will avoid the pedestrian bridge and just go scooting across the road, which she thinks is a good one. She stated that there are places where VDOT and the County have put up pedestrian crosswalks with signals or with a pedestrian bridge where in addition to putting up the bridge they also put up chain link fences to make certain that pedestrians could not just dart across the road, and certainly Navy Federal should have more of an influence with their employees and instruct them on which way they are supposed to be walking but could a contingency be put in the approval if there is a problem with pedestrians and employees running across the road instead of taking the bridge, that Navy Federal would be required to put up some kind of physical barrier. Mr. Briglia stated that this would be better addressed as a site plan condition rather than air rights. He pointed out that when you look at the topography, the north side of Electric Avenue has a significant grade going up, it doesn't really lend itself to pedestrian access equally. It was moved to approve the Navy Federal Credit Union Pedestrian Bridge Air Rights License and Agreement contingent on approval of the proposed Site Plan. It was further moved that the Mayor be authorized to execute the approved license on behalf of the Town of Vienna. Councilmember Sienicki offered a friendly amendment to strike "e" under background and to annotate that it would be for a period of 30 years. Councilmember Attanasi accepted the amendment and it was seconded by Councilmember Colbert. A motion was made by Council Member Attanasi, seconded by Council Member Sienicki, that the Action Item be approved. The motion carried by the following vote: Aye: 7- Council Member Attanasi, Council Member Colbert, Council Member Kelleher, Council Member Majdi, Council Member Sienicki, Council Member Springsteen and Mayor DiRocco 6. Regular Business A. Request for Approval of a site plan and certain site plan modifications for the construction of a new office building, entryways, parking areas, pedestrian bridge and a parking structure for Navy Federal Credit Union Campus Expansion on property located at 1041 Electric Avenue SE, and in the CMP-Planned Industrial zone. Application filed by Aaron Vinson, Walter L. Phillips, Incorporated and J3 Design Collective, Inc., on behalf of Navy Federal Credit Union, owner. It was moved for the approval of the site plan and certain site plan modifications incorporating the Air Rights License and Agreement as well as the Proposed Curb Cut Maintenance Agreement for the construction of a new office building, entryways, parking areas, pedestrian bridge and a parking structure for Navy Federal Credit Union Campus Expansion on the property located at 1041 Electric Avenue SE, and in the CMP-Planned Industrial zone, as filed by Aaron Vinson, Walter L. Phillips, Incorporated and J3 Design Collective, Inc., on behalf of Navy Federal Credit Union, owner. As show in the plan dated February 4, 2015 and to include the Town of Vienna Page 7 Printed on 4/15/2015 Town Council Meeting Meeting Minutes February 23, 2015 maintenance agreement attachment which includes the additional sidewalk which was added after the fact with discussions with Navy Federal. A motion was made by Council Member Sienicki, seconded by Council Member Attanasi, that the Action Item be approved. The motion carried by the following vote: Aye: 7- Council Member Attanasi, Council Member Colbert, Council Member Kelleher, Council Member Majdi, Council Member Sienicki, Council Member Springsteen and Mayor DiRocco B. Establish Vienna Public Art Commission. It was moved to approve the Vienna Public Art Commission with the Vienna Town Code incorporating all changes that were made and direct the Town Clerk to advertise a notice of intent to adopt. A motion was made by Council Member Colbert, seconded by Council Member Sienicki, that the Action Item be approved. The motion carried by the following vote: Aye: 7- Council Member Attanasi, Council Member Colbert, Council Member Kelleher, Council Member Majdi, Council Member Sienicki, Council Member Springsteen and Mayor DiRocco C. Request Adoption of a Solarize Nova Resolution. It was moved to adopt the Solarize NOVA resolution and further authorize staff and the CEC to move forward with implementation of the program in Vienna. A motion was made by Council Member Kelleher, seconded by Council Member Springsteen, that the Action Item be approved. The motion carried by the following vote: Aye: 7- Council Member Attanasi, Council Member Colbert, Council Member Kelleher, Council Member Majdi, Council Member Sienicki, Council Member Springsteen and Mayor DiRocco D. Consideration of Vacation of a Portion of Locust Street SE Adjacent to Vienna Elementary School and Waters Field, Acquire Appraisal and Appoint Viewers. It was moved to give the Town Manager the authority to appoint three (3) viewers for this property, with members from either the Planning Commission and/or the Board of Zoning Appeals, to view the public right-of-way and to provide a report in writing of any inconvenience that would result in discontinuing the right-of-way, a nd it was further moved to direct the Town Manger to obtain a formal metes and bounds survey of the proposed vacation of right-of-way and property necessary for the Community Center expansion, and provide recommendations to the Town Council on the proposed vacation and proposed land exchange with the Fairfax County School Board. A motion was made by Council Member Springsteen, seconded by Council Member Attanasi, that the Action Item be approved. The motion carried by the following vote: Aye: 7- Council Member Attanasi, Council Member Colbert, Council Member Kelleher, Council Member Majdi, Council Member Sienicki, Council Member Springsteen and Mayor DiRocco E. Award contract to Alban CAT for the Northside Property Yard emergency generator. Town of Vienna Page 8 Printed on 4/15/2015 Town Council Meeting Meeting Minutes February 23, 2015 It was moved to award a $165,000 contract to Alban CAT under NJPA contract #080613-CAT using funds from account 200405-48801 and 200405-48803 A motion was made by Council Member Springsteen, seconded by Council Member Attanasi, that the Action Item be approved. The motion carried by the following vote: Aye: 7- Council Member Attanasi, Council Member Colbert, Council Member Kelleher, Council Member Majdi, Council Member Sienicki, Council Member Springsteen and Mayor DiRocco 7. Meeting Adjournment It was moved to adjourn the meeting at 10:46 p.m. THE TOWN OF VIENNA IS COMMITTED TO FULL COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT STANDARDS. TRANSLATION SERVICES, ASSISTANCE OR ACCOMMODATION REQUESTS FROM PERSONS WITH DISABILITIES ARE TO BE REQUESTED NOT LESS THAN 3 WORKING DAYS BEFORE THE DAY OF THE EVENT. PLEASE CALL (703) 255-6304, OR 711 VIRGINIA RELAY SERVICE FOR THE HEARING IMPAIRED. THE TOWN OF VIENNA IS COMMITTED TO FULL COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT STANDARDS. TRANSLATION SERVICES, ASSISTANCE OR ACCOMMODATION REQUESTS FROM PERSONS WITH DISABILITIES ARE TO BE REQUESTED NOT LESS THAN 3 WORKING DAYS BEFORE THE DAY OF THE EVENT. PLEASE CALL (703) 255-6304, OR 711 VIRGINIA RELAY SERVICE FOR THE HEARING IMPAIRED. Town of Vienna Page 9 Printed on 4/15/2015