City Council

Public Hearing 01/22/13 CITY OF FREDERICKSBURG, VIRGINIA HON. MARY KATHERINE GREENLAW, MAYOR HON. BRADFORD C. ELLIS, VICE -MAYOR, WARD ONE CITY COUNCIL HON. KERRY P. DEVINE, AT-LARGE HON. MATTHEW J. KELLY, AT-LARGE 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 January 22, 2013 The Council of the City of Fredericksburg, Virginia, held a public hearing on Tuesday, January 22, 2013, beginning at 7:58 p.m. in the Council Chambers of City Hall. City Council Present. Mayor Mary Katherine Greenlaw presiding. Vice- Mayor Bradford C. Ellis. Councilors Kerry P. Devine, Frederic N. Howe, III, Matthew J. Kelly, Beatrice R. Paolucci and George C. Solley. Also Present. City Manager Beverly R. Cameron, Assistant City Manager Mark Whitley, City Attorney Kathleen Dooley, Assistant City Attorney Robert Eckstrom, Commonwealth Attorney Labravia Jenkins, Fire Chief Eddie Allen, Public Works Director Doug Fawcett, Budget Manager Amanda Lickey, Parks, Recreation and Public Facilities Director Robert Antozzi, Acting Planning Director Erik Nelson, Community Development Planner Marne Sherman and Clerk of Council Tonya B. Lacey. Notice of Public Hearings (D13-25 thru D13-26). The Clerk read the notice of the public hearings as they appeared in the local newspaper, the purpose being to solicit citizen input. Resolution 13-03, Approved, Renewing a Lease with APC Realty and Equipment Company, LLC for Space on the Courtland Water 18123 Public Hearing 01/22/13 Tank for the Operation of Telecommunications Equipment (D13-25). No speakers. Upon a motion and as recommended Councilor Devine moved to approve Resolution 13-03, renewing a lease with APC Realty and Equipment Company, LLC for space on the Courtland Water Tank for the operation of telecommunications equipment; motion was seconded by Councilor Paolucci and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Ellis, Devine, Howe, Kelly, Paolucci and Solley. Nays (0). Resolution 13-04, Approved, Supporting Submittal of a Funding Application to the Virginia Department of Transportation for Construction of the Virginia Central Railway Trail, through the Transportation Alternatives Program (D13-26). – No speakers. Upon a motion and as recommended Councilor Solley moved to approve Resolution 13-04, supporting submittal of a funding application to the Virginia Department of Transportation for construction of the Virginia Central Railway Trail, through the Transportation Alternatives Program; motion was seconded by Councilor Devine and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Ellis, Devine, Howe, Kelly, Paolucci and Solley. Nays (0). Adjournment. There being no speakers to come before the Council at this time, Mayor Greenlaw declared the hearing officially adjourned at 8:04 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor 18124 Public Hearing 01/22/13 Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 18125 Public Hearing 01/22/13 [This page intentionally left blank.] 18126 Regular Session 01/22/13 HON. MARY KATHERINE GREENLAW, MAYOR CITY OF FREDERICKSBURG, VIRGINIA HON. BRADFORD C. ELLIS, VICE -MAYOR, WARD ONE CITY COUNCIL HON. KERRY P. DEVINE, AT-LARGE HON. MATTHEW J. KELLY, AT-LARGE HON. GEORGE C. SOLLEY, WARD TWO HON. FREDERIC N. HOWE, III, WARD THREE HON. BEATRICE R. PAOLUCCI, WARD FOUR Council Chambers, 715 Princess Anne Street Fredericksburg, Virginia 22401 January 22, 2013 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, January 22, 2013, beginning at 7:30 p.m. in the Council Chambers of City Hall. City Council Present. Mayor Mary Katherine Greenlaw presiding. Vice- Mayor Bradford C. Ellis. Councilors Kerry P. Devine, Frederic N. Howe, III, Matthew J. Kelly, Beatrice R. Paolucci and George C. Solley. Also Present. City Manager Beverly R. Cameron, Assistant City Manager Mark Whitley, City Attorney Kathleen Dooley, Assistant City Attorney Robert Eckstrom, Commonwealth Attorney Labravia Jenkins, Fire Chief Eddie Allen, Public Works Director Doug Fawcett, Budget Manager Amanda Lickey, Parks, Recreation and Public Facilities Director Robert Antozzi, Acting Planning Director Erik Nelson, Community Development Planner Marne Sherman and Clerk of Council Tonya B. Lacey. Opening Prayer and Pledge of Allegiance. Council was led in prayer by Vice-Mayor Bradford C. Ellis, followed by the Pledge of Allegiance led by Mayor Mary Katherine Greenlaw. Officer Recognized. Mayor Greenlaw recognized the presence of Officer Theodore Marrs and Mubashir Chaudri at this evening’s meeting. 18127 Regular Session 01/22/13 National Weather Service “Storm Ready”. Chris Strong with the National Weather Service and Scott Hudson with the Virginia Department of Emergency Management presented the City with a “StormReady” certificate which stated that the City had met all of the StormReady Communications, safety and preparedness requirements necessary to help people in the community to receive weather warnings and to respond to future weather events. Mayor Greenlaw thanked the Fire Department for making sure the City received this designation. Status Update Virginia Central Railway Trail (D13-22). Public Works Director Fawcett presented a PowerPoint presentation that showed the three areas of the trail. Area 1 begins at Lafayette Boulevard near Essex Street (Cobblestone Property) traveling parallel to Lafayette toward the Blue and Grey Parkway, Area 2 is from Blue and Grey Parkway through Alum Spring Road continuing through Alum Spring Park to Route 1 Jefferson Davis Highway and Area 3 consist of crossing Jefferson Davis Highway continuing west along the railway bed to a point near the Idlewild Subdivision. Mr. Fawcett explained that starting near Willis Street is where the City would need to start its portion of the trail. He said there was an area 4 that was to be a more natural, but was struck from the plans because of costs. He said he hopes to build that portion at some point and when Area 4 was completed that would complete the City’s portion of the trail and Spotsylvania County would pick up the trail on the west side of the interstate in the future. 18128 Regular Session 01/22/13 Councilor Ellis thanked all the departments for all they have done on the trails and he said he uses the trails and everyone he run into have nothing but good things to say about the trails. Citizen Comment. The following speaker came forward to participate in the citizen comment portion of this evening's meeting. Rev. Jim Dannals – (D13-23). Rev. Dannals stated that after meeting with the Architectural Review Board, the Arts Commission and the Memorials Commission it was unanimous that the City accept the sculpture and that the location be moved to the side entrance of the Museum on the brick platform where the cannon used to sit. He requested Councils approval of the sculpture and the new location. Dina Young, Moms of Fredericksburg, 12904 Willow Point Drive, asked that Council support a legislation that’s going to the General Assembly to ban smoking in parks. Karen Kallay, Rappahannock Area Community Services Board, 530 George Street (D13-24). Ms. Kallay asked for Council’s support for the Medicare Expansion to provide healthcare insurance to individuals up to 138% of the poverty level. See D13-24. Public Hearings Conducted (D13-25 thru D13-26). The regular session was recessed in order to conduct the scheduled public hearing and immediately reconvened upon their conclusion. Council Agenda Presented. The following items were presented to Council. 7A. St. George’s Sculpture Resolution – Councilor Solley 7B. Smoking Ban in Public Parks – Councilor Devine 18129 Regular Session 01/22/13 7C. VRE Update – Councilor Howe 7D. RACSB – Councilor Howe 7E. Circuit Court Record – Councilor Kelly Resolution 13-05, Approved, Accepting St. George’s Episcopal Church’s Donation of a Sculpture Commemorating the 150th Anniversary of the Emancipation Proclamation, and Approving its Installation at the Fredericksburg Area Museum (D13-27). Councilor Solley moved to approve Resolution 13-05 accepting St. George’s Episcopal Church’s donation of a sculpture commemorating the 150th anniversary of the Emancipation Proclamation, and approving its installation at the Fredericksburg Area Museum; motion was seconded by Councilor Devine. Councilor Devine noted that the location maybe a temporary location but they are looking at parks where it may better fit. The motion passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Ellis, Devine, Howe, Kelly, Paolucci and Solley. Nays (0). Smoking Ban in Public Parks. Councilor Devine suggested referring this to the Parks and Recreation Department. Mayor Greenlaw agreed stating the Mike Ward of the Parks and Recreation Department had already done some research on the matter. Vice-Mayor Ellis agreed and stated he would like to see the parks smoke free and he suggested placing a timeline on this item. City Attorney Dooley explained that the first step would be to write in support for the legislation. Council agreed to send a letter of support first. VRE Update. Councilor Howe informed City Council of the meeting he 18130 Regular Session 01/22/13 would be attending with the Department of Rail and Public Transportation to bring elevation to the study that was done by Virginia Railway Express to follow-up on the repairs at the Fredericksburg Station. Rappahannock Area Community Service Board. Councilor Howe commended Ms. Kallay who was appointed to the RACSB for keeping her word and continuing to update Council on what’s taking place at the RACSB meeting. Circuit Court Records. Councilor Kelly spoke with the Clerk of the Circuit Court about the digitizing of the recorded and he wanted to know the status and asked Councilor Kelly to keep this in the forefront. City Manager’s Consent Agenda Accepted for Transmittal as Recommended (D13-28 thru D13-40). Following review and as recommended, Vice-Mayor Ellis moved approval of the City Manager's consent agenda; motion was seconded by Councilor Devine and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Ellis, Devine, Howe, Kelly, Paolucci and Solley. Nays (0). • Transmittal of the FRED Transit Progress Report – December 2012 (D13-28). • Resolution 13-06, Authorizing the City manager to Execute a Letter of Support to the Virginia Housing Development Authority for the Renovation of 1907 Charles Street (D13-29). • Resolution 13-07, Amending the Fiscal Year 2013 Budget by Appropriating $10,000 in Funds Donated By Hazel Hill Apartments(D13-30). 18131 Regular Session 01/22/13 • Resolution 13-08, Asking the Planning Commission to Undertake the Review of the Fredericksburg Comprehensive Plan (2007) and to Determine Whether it is Advisable to Amend the Plan (D13-31). • Transmittal of Boards and Commission Minutes o Architectural Review Board – December 10, 2012 (D13-32). o Board of Social Services – December 14, 2012 (D13-33). o Clean and Green Commission – August 6, 2012 (D13-34). o Clean and Green Commission – September 10, 2012 (D13-35). o Clean and Green Commission – October 1, 2012 (D13-36). o Clean and Green Commission – December 3, 2012 (D13-37). o Fredericksburg Arts Commission – December 6, 2012 (D13-38). o Planning Commission – November 28, 2012 (D13-39). o Potomac & Rappahannock Transportation Commission – December 6, 2012 (D13-40). Adoption of Minutes (D13-41). Councilor Kelly moved approval of the Council Retreat Minutes of October 19 and 20, 2012, the Public Hearing minutes for January 13, 2013 and the Regular Session minutes for January 8, 2013; motion was seconded by Councilor Paolucci and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Ellis, Devine, Howe, Kelly, Paolucci and Solley. Nays (0). Appointment to the Memorials Commission (D13-42). – Upon a motion and as recommended Councilor Devine moved to appoint Michael Spenser to the Memorials Commission; motion was seconded by Councilor Howe and passed by the 18132 Regular Session 01/22/13 following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Ellis, Devine, Howe, Kelly, Paolucci and Solley. Nays (0). Ordinance 13-01, Second Read Approved, Expanding the Prohibition of Public Nudity to Public Places Generally by Repealing City Code Chapter 54 “Miscellaneous Offenses”, Section 54-14 “Nudity of Employees in Taverns, Restaurants and Other Establishments” and Enacting a New Section 54-14.1 “Public Nudity” (D13-43.). After considerable discussion Councilor Devine moved to approve Ordinance 13-01, on second read, expanding the prohibition of public nudity to public places generally by repealing City Code Chapter 54 “Miscellaneous Offenses”, Section 54-14 “Nudity Of Employees In Taverns, Restaurants And Other Establishments” and enacting a new Section 54-14.1 “Public Nudity”; motion was seconded by Councilor Howe and passed by the following recorded votes. Ayes (5). Councilors Greenlaw, Ellis, Devine, Howe and Paolucci. Nays (2). Councilors Kelly and Solley. Resolution 13-09, Approved, Authorizing the City Manager to Execute a Contract for Construction of Areas 1 and 2 of the Virginia Central Railway Trail with Faulconer Construction Company, Inc. in the Amount of $1,765,950 (D13-44). Upon a motion and as recommended Councilor Solley moved to approve Resolution 13-09, authorizing the City Manager to execute a contract for construction of areas 1 and 2 of the Virginia Central Railway Trail with Faulconer Construction Company; motion was seconded by Councilor Devine and 18133 Regular Session 01/22/13 passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Ellis, Devine, Howe, Kelly, Paolucci and Solley. Nays (0). Granting Columbia Gas of Virginia, Inc., an Easement for a Natural Gas Distribution Service Line through the Visitor’s Center’s Parking Lot for Utility Service to the New Court Facility (D13-45). Councilor Howe moved to postpone approval of the ordinance until additional questions could be answered; motion was seconded by Councilor Devine and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Ellis, Devine, Howe, Kelly, Paolucci and Solley. Nays (0). Adoption of the Goals and Initiatives Work Plan (D13-46). After staff presentation Councilor Solley said he was confused on what Council was voting on because some items seem to be suggestions and others were more specific. He also asked that the Riverfront Park item be amended to say the work plan is to be completed no later than 30 days after the work session. Councilor Kelly suggested Council contact Mr. Whitley and let him know how they feel about the changes so that he can present a draft. He also suggested possibly having a public hearing on the work plan. Councilor Kelly moved to take no action and asked Council get with Mr. Whitley on the proposed changes so that a final draft could be brought back with a public hearing; motion was seconded by Councilor Howe. Councilor Paolucci suggested after the comments were sent to Mr. Whitley, and after he has made the changes, that they be sent back to Council before a vote is taken on the draft. Councilor Kelly clarified that his motion was for Council to review and simply 18134 Regular Session 01/22/13 agree or disagree with the changes and not to make any additions. Councilor Paolucci said her intention was not to reopen it again, but she also had a change she wanted to make on the parking study she wanted the study omitted until a work session was held. Councilor Solley stated that he would like a draft document to vote on. Councilor Howe agreed that a public hearing should be held to get public comments on the document. Councilor Solley said he feels the public has already had an opportunity to comment. He explained that the items that he brought forward at the retreat come straight from the public. Mayor Greenlaw expressed her concern that if the document was being brought back for a vote and the public is being allowed to comment then would the document will be sent back again with changes. Councilor Devine stated she had no problem taking one more look and allowing the public to weigh in, but she cautioned that this public hearing is being considered based on one person asking for a public hearing. Councilor Kelly amended his original motion to say that Council would have the opportunity to comment to Mr. Whitley before a final draft came back for a vote with a public hearing on the document. Councilor Howe seconded the amendment and the motion passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Ellis, Devine, Howe, Kelly, Paolucci and Solley. Nays (0). City Manager’s Report and Council Calendar (D13-47 thru D13- 48). City Manager Cameron asked if there were any questions regarding the Manager’s 18135 Regular Session 01/22/13 report or the Council Calendar. Activities highlighted on the report were as follows: Winter Clean-Up, Wegmans Passport Program, Public Facilities Projects Update, Aquia Sandstone Preserved, Visitor Center, City Receives StormReady Recognition, Remembering Officer Todd Bahr. Adjournment. There being no further business to come before the Council at this time, Mayor Greenlaw declared the meeting officially adjourned at 9:04p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 18136