City Council

Public Hearing 03/13/12 CITY OF FREDERICKSBURG, VIRGINIA HON. THOMAS J. TOMZAK, MAYOR HON. MARY KATHERINE GREENLAW, VICE MAYOR CITY COUNCIL HON. KERRY P. DEVINE, AT-LARGE HON. BRADFORD C. ELLIS, WARD ONE HON. GEORGE C. SOLLEY, WARD TWO HON. FREDERIC N. HOWE, III, WARD THREE Council Chambers, 715 Princess Anne Street HON. BEATRICE R. PAOLUCCI, WARD FOUR Fredericksburg, Virginia 22401 April 24, 2012 The Council of the City of Fredericksburg, Virginia, held a public hearing on Tuesday, April 24, 2012, beginning at 7:56 p.m. in the Council Chambers of City Hall. City Council Present. Mayor Thomas J. Tomzak, presiding. Vice-Mayor Mary Katherine Greenlaw. Councilors Kerry P. Devine, Bradford C. Ellis, Frederic N. Howe, III, Beatrice R. Paolucci, and George C. Solley. Also Present. City Manager Beverly R. Cameron, Assistant City Manager Mark Whitley, City Attorney Kathleen Dooley, Site Development Manager Kevin Utt, and Clerk of Council Tonya B. Lacey. Notice of Public Hearings (D11-184 thru D12-189). The Clerk read the notice of the public hearings as they appeared in the local newspaper, the purpose being to solicit citizen input. Resolution 12-27, Approved, the Proposed Plat of Subdivision for Eagle Village I, LLC, the Owner, for Eagle Village Phase II from the Original Parcel A Consisting of 14.0646 Acres, Tax Map 249-3- 1257/GPIN #7779-56-0156, to Create Two Parcels, Parcels A-1 Consisting of 11.9027 Acres and Parcel C Consisting of 2.1619 Acres 17845 Public Hearing 03/13/12 (D12-184). – 1 speaker. Site Development Manager Utt gave a brief overview of the plat of subdivision. Gary Nuckols, Hirschler Fleischer, Attorney at Law, represented the applicant stating that this was part of the hotel development in Eagle Village and this was the next to the last step for the governmental approvals. Upon a motion and as recommended Councilor Ellis moved approval of Resolution 12-27, the proposed plat of subdivision for Eagle Village I, LLC, the owner, for Eagle Village Phase II from the original parcel a consisting of 14.0646 acres, tax map 249-3-1257/GPIN #7779-56-0156, to create two parcels, Parcels A-1 consisting of 11.9027 acres and Parcel C consisting of 2.1619 acres; motion was seconded by Vice- Mayor Greenlaw and passed by the following unanimously recorded votes. Ayes (7). Councilors Tomzak, Greenlaw, Devine, Ellis, Howe, Paolucci and Solley. Nays (0). None. Continuation of Fiscal Year 2013 Recommended Operating and Capital Budget Public Hearing (D12-185). – there being no speakers the public hearing was closed; no action necessary. Continuation of Fiscal Year 2013 Proposed Increase in Real Estate Tax from $0.72 to $0.74 Public Hearing (D12-186). – there being no speakers the public hearing was closed; no action necessary. Ordinance 12-09, First Read Approved, Amending the Water and Sewer Service, Availability, and Connection Fees, Rates, and Charges (D12-187 thru D12-188). – no speakers. Upon a motion and as recommended 17846 Public Hearing 03/13/12 Councilor Devine moved approval on first read, Ordinance 12-09, amending the water and sewer service, availability and connection fees, rates and charges; motion was seconded by Councilor Paolucci and passed by the following unanimously recorded votes. Ayes (7). Councilors Tomzak, Greenlaw, Devine, Ellis, Howe, Paolucci and Solley. Nays (0). None. Ordinance 12-10, First Read Approved, Changing Water, Sewer and Solid Waste Billing Dates and Deadlines, Adding a Penalty for Late Payment, and Adding an “After-Hours” Reconnection Fee, by Adding and Amending City Code Sections 62-5 and 74-43, and Adding a New City Code Section 74-7 (D12-189). – 1 speaker. After a brief staff overview Councilor Devine stated that she was please to see the new schedule because the old schedule made it hard for some citizens to meet their obligations. Rene Rodriquez, 1514 Prince Edward Street, stated that until the eight percent unemployment rate was fixed people would not be able to afford their utilities. He said the change would penalize people more. He suggested putting the additional funds collected in a coffer to help people that can’t afford their bills. Upon a motion and as recommended Councilor Devine moved approval on first read, Ordinance 12-10, changing water, sewer and solid waste billing dates and deadlines, adding a penalty for late payment, and adding an “after-hours” reconnection fee, by adding and amending City Code Sections 62-5 and 74-43, and adding a new City Code Section 74-7; motion was seconded by Councilor Paolucci. Councilor Howe asked City Manager Cameron to explain the purpose for the increase. Mr. Cameron stated that the first reason was to bring in additional expense to 17847 Public Hearing 03/13/12 cover operating cost because the City learned through the recent study that it was not collecting enough to cover the cost. Secondly, the increase would help to cover the cost of aging infrastructure. Councilor Ellis stated that this was an example of why studies are important and that the information from the water sewer study was used to plan responsibly, before having to face an emergency infrastructure situation. The motion passed by the following unanimously recorded votes. Ayes (7). Councilors Tomzak, Greenlaw, Devine, Ellis, Howe, Paolucci and Solley. Nays (0). None. Adjournment. There being no speakers to come before the Council at this time, Mayor Tomzak declared the hearing officially adjourned at 8:02 p.m. Thomas J. Tomzak Thomas J. Tomzak, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 17848 Regular Session 04/24/12 CITY OF FREDERICKSBURG, VIRGINIA HON. THOMAS J. TOMZAK, MAYOR HON. MARY KATHERINE GREENLAW, VICE MAYOR CITY COUNCIL HON. KERRY P. DEVINE, AT-LARGE HON. BRADFORD C. ELLIS, WARD ONE HON. GEORGE C. SOLLEY, WARD TWO HON. FREDERIC N. HOWE, III, WARD THREE Council Chambers, 715 Princess Anne Street HON. BEATRICE R. PAOLUCCI, WARD FOUR Fredericksburg, Virginia 22401 April 24, 2012 The Council of the City of Fredericksburg, Virginia, met in regular session on Tuesday, April 24, 2012, beginning at 7:30 p.m. in the Council Chambers of City Hall. City Council Present. Mayor Thomas Tomzak, presiding. Vice-Mayor Mary Katherine Greenlaw. Councilors Kerry P. Devine, Bradford C. Ellis, Frederic N. Howe, III, Beatrice R. Paolucci, and George C. Solley. Also Present. City Manager Beverly R. Cameron, Assistant City Manager Mark Whitley, City Attorney Kathleen Dooley, Site Development Manager Kevin Utt and Clerk of Council Tonya B. Lacey. Opening Prayer and Pledge of Allegiance. Council was led in prayer by Councilor Frederic N. Howe, III, followed by the Pledge of Allegiance led by Mayor Tomzak. Auxiliary Officer Recognized. Mayor Tomzak recognized the presence of Officer John Fesq at this evening’s meeting. Germmana Community College (D12-179 thru D12-183). Dr. David Sam President of Germanna Community College presented a PowerPoint presentation showing the enrollment trends, headcount by jurisdictions, investment analysis from the student’s perspective, the social perspective and the taxpayer’s perspective. He also 17849 Regular Session 04/24/12 discussed the economic growth in regarding college operations and student productivity, Germanna’s growth and challenges, budget challenges and reinvestment, new programs and services. President Sam also invited Council to the grand opening of the new Science and Engineering/Information Commons on May 11 and he noted that they had lost use of nearly a third of its physical plant during the earthquake, but it reopened a week and a half later and after repairs and remodeling it will be fully operational by January 2013. He also highlighted the direction of the college stating it would soon have offices in the City located in Central Park. Citizen Comment. The followings speakers came forward to participate in the citizen comment portion of this evening's meeting. Marilyn Brown, 546 Warrenton Road, stated that the homeless shelter wasn’t doing anything for the homeless and Micah was not providing meals to the homeless. Ms. Brown also urged Council to leave the Oktoberfest on Caroline Street. James Cutler, 1011 Bakersfield Lane, stated that he lived in a small community off of Wicklow Road and they have serious safety issues that needed addressing. He said the area was overcrowded and there were ADA accessibility issues in the area. Scott Osetek, 1036 Bakersfield Lane, also spoke of the safety concerns along Wicklow Road. He said it had become busy because of the populated area and the new ballpark and all of the new homes and townhomes. He states it can be dangerous at times because people are walking on both sides of the street. He stated that erosion was beginning to take place on the sides of Wicklow Road and if it was not taken care of it would get much worse. Mr. Osetek also stated that the tax dollars only seem to go to the downtown area and he would like to see them used in his area. 17850 Regular Session 04/24/12 Rene Rodriquez, 1514 Prince Edward Street stated that the Riverfront needed reasonable approaches to address the riverfront issues. He said more development needed to be added downtown to attract businesses. He states there are a total of 9 parking lots on Sophia Street and a total of 17 in the downtown area and he felt they were a waste of space. Mr. Rodriquez is of the opinion that the City waste too much money and that the City needed to come together and make a better vision for the City. He said using public-private partnerships with reasonable solutions would be a great way to get development along the river or by using private sectors to offer solutions. He said the riverfront could not wait until 2017 before something was done with it because the economic viability and long-term growth depended on it. Public Hearings Held (D12-184 thru D12-189). At this time, the regular session was recessed in order to conduct the scheduled public hearing; the meeting was immediately reconvened upon conclusion of the hearings. Council Agenda. The following Council agenda was presented for consideration. 7A. Cox Conservation Hero Program – Mayor Tomzak 7B. Oktoberfest – Mayor Tomzak 7C. Riverfront Park Taskforce Update – Councilor Solley 7D. Budget Issues – Councilor Howe Cox Conservation Hero Program (D12-190). – Mayor Tomzak announced the nomination of Anne Little as a Cox Conservation Hero and he asked that everyone vote for her. The program is in celebration of Earth Month and Cox Communications and the Trust for Public Land are recognizing volunteers, who help 17851 Regular Session 04/24/12 create, preserve or enhance outdoor spaces. Oktoberfest – Mayor Tomzak spoke in regards to the Oktoberfest stating that he did not think Fredericksburg had the ability to turn away an event that attracted 14,000 people. He said that was a positive impact for the City. He said there wasn’t any visionary leadership in the downtown and he urged the downtown merchants to work together to keep their shops open past 5:00 in the afternoon. Riverfront Park Taskforce Update (D12-191). – Councilor Solley gave a thorough update on the Riverfront Taskforce for detailed information see D12-191. City Manager’s Consent Agenda Accepted for Transmittal as Recommended (D12-192 thru D12-197). Following review and as recommended, Councilor Paolucci moved approval of the City Manager's consent agenda; motion was seconded by Councilor Howe and passed by the following unanimously recorded votes. Ayes (7). Councilors Tomzak, Greenlaw, Devine, Ellis, Howe, Paolucci and Solley. Nays (0). None. • Transmittal of the Architectural Review Board and Board of Zoning Appeals Applications – April 2012 (D12-192). • Transmittal Boards and Commission Minutes o Architectural Review Board – March 12, 2012 (D12-193). o Economic Development Authority – March 12, 2012 (D12-194). o Planning Commission – March 14, 2012 (D12-195). o Potomac & Rappahannock Transportation Commission – March 1, 2012 (D12-196). o Public Transit Advisory Board – February 1, 2012 (D12-197). 17852 Regular Session 04/24/12 Adoption of Minutes (D12-198). Councilor Paolucci moved approval of the Work Session minutes of April 3, 2012, and Regular Session minutes for April 10, 2012; motion was seconded by Councilor Howe and passed by the following unanimously recorded votes. Ayes (7). Councilors Tomzak, Greenlaw, Devine, Ellis, Howe, Paolucci and Solley. Nays (0). None. Appointment to the Fredericksburg Clean & Green Commission (D12-199). Councilor Devine made a motion to appoint Steven Hubble to the Fredericksburg Clean and Green Commission; motion was seconded by Councilor Solley and passed by the following unanimously recorded votes. Ayes (7). Councilors Tomzak, Greenlaw, Devine, Ellis, Howe, Paolucci and Solley. Nays (0). None. Appointment to the Economic Development Authority (D12-200). Councilor Paolucci made a motion to appoint Steve D’Lugos to the Economic Development Authority; motion was seconded by Councilor Solley and passed by the following unanimously recorded votes. Ayes (7). Councilors Tomzak, Greenlaw, Devine, Ellis, Howe, Paolucci and Solley. Nays (0). None. Appointments to the Building Code Appeal Board (D12-201). After the recorded votes taken, Bradley Hedrick, James McGhee, William Thornton and Thomas Wack were appointed to the Building Code Appeal Board with a vote resulting between applicants Robert Hale, Bradley Hedrick, Raymond Herlong, James McGhee, Tommy Mitchell, William Thornton and Thomas Wack. Hale (2) Councilors Howe and Paolucci. Hedrick (6) Councilors Tomzak, Greenlaw, Devine, Ellis, Howe, Solley. Herlong (1) Councilor Ellis. McGhee (7) Councilors Tomzak, Greenlaw, Devine, Ellis, Howe, Paolucci, Solley. Mitchell (3) Councilors Greenlaw, Howe, Solley. Thornton (3) 17853 Regular Session 04/24/12 Councilors Tomzak, Devine, Paolucci. Wack (6) Councilor Tomzak, Greenlaw, Devine, Ellis, Paolucci, Solley. Due to the tie another vote was taken between applicants Tommy Mitchell and William Thornton. Mitchell (3) Councilors Greenlaw, Howe, Solley. Thornton (4) Councilors Tomzak, Devine, Ellis, Paolucci. Transmittal of the Quarterly Financial Report (D12-202). Assistant City Manager Whitley presented the quarterly report in its new format discussing the General Fund Revenues, Real Estate, Personal Property, Business License, Sales Tax, Meals Tax, Other Developments, Motor Fuels Tax, and General Fund Expenditures. Resolution 12-28, First Read Approved, Appropriating Funds for the Fredericksburg City Public Schools for Fiscal Year 2013 (D12-203). Councilor Devine declared that she worked for the Fredericksburg City Schools and she was able to participate fairly on the issue. After a brief staff overview Councilor Solley moved approval of Resolution 12- 28, on first read, to appropriate funds for the Fredericksburg City Public Schools for fiscal year 2013; motion was seconded by Councilor Paolucci and passed by the following unanimously recorded votes. Ayes (7). Councilors Tomzak, Greenlaw, Devine, Ellis, Howe, Paolucci and Solley. Nays (0). None. Resolution 12-29, Authorizing the Uses of $421,616 in Motor Fuels Taxes for the Virginia Railway Express and $26,600 for the Potomac and Rappahannock Transportation Commission for Fiscal Year 2013 (D12-204). After a brief staff overview Councilor Howe stated that there had been 17854 Regular Session 04/24/12 recent complaints that there was not enough parking for the VRE and he asked if staff would look into adding additional parking, in increments, as needed. He suggested staff look into possibly renting the parking that belongs to Bavarian Chef. Councilor Devine stated that due to the rising gas prices and the city’s focus on being pedestrian and commuter friendly she suggested that FRED transit add additional loops to bring people to the station. Upon a motion and as recommended Councilor Howe moved approval of Resolution 12-29, authorizing the use of $421,616 in motor fuels taxes for the Virginia Railway Express and $26,600 for the Potomac and Rappahannock Transportation Commission for Fiscal Year 2013; motion was seconded by Councilor Solley and passed by the following unanimously recorded votes. Ayes (7). Councilors Tomzak, Greenlaw, Devine, Ellis, Howe, Paolucci and Solley. Nays (0). None. Resolution 12-30, Authorizing the City Manager to Accept a Perpetual Open Space and Temporary Construction Easement on 115 Young Street, for the VCR Trail, in Settlement of Litigation to Enjoin Compliance with a Proffered Condition (D12-205). After a brief staff overview Councilor Solley moved approval of Resolution 12-30, authorizing City manager to accept a perpetual open space and temporary construction easement on 115 Young Street, for the VCR Trail, in settlement of litigation of enjoin compliance with a proffered condition; the motion was seconded by Councilor Paolucci and passed by the following unanimously recorded votes. Ayes (7). Councilors Tomzak, Greenlaw, Devine, Ellis, Howe, Paolucci and Solley. Nays (0). None. City Manager’s Report and Council Calendar (D12-206 thru D12- 17855 Regular Session 04/24/12 207). City Manager Cameron asked if there were any questions regarding the Manager’s report or the Council Calendar. Activities highlighted on the report were as follows: Child Abuse Prevention Month, City and Library Employees Win Top Dog Award for 3rd Consecutive Year, Cox Conserves Heroes Program, Parks and Recreation Promotional Giveaway, Sunshine Ballpark, Detective Graduates from Forensic Science Academy, Police Department Annual Report. City Manager Cameron noted that the Sunshine Ballpark was ready and had been in use and the third field would be constructed once additional funds had been raised. He also noted that the Police Department Annual report was available on the website for review. Mayor Tomzak congratulated Detective Johnny Wright on his graduation from the Virginia Forensic Science Academy. Adjournment. There being no further business to come before the Council at this time, Mayor Tomzak declared the meeting officially adjourned at 9:06 p.m. Thomas J. Tomzak Thomas J. Tomzak, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 17856