City Council

Public Hearing 02/12/13 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 February 12, 2013 The Council of the City of Fredericksburg, Virginia, held a public hearing on Tuesday, February 12, 2013, beginning at 8:01 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 Public Works Director David King, Police Chief David Nye, Acting Planning Director Erik Nelson, Community Development Planner Marne Sherman and Clerk of Council Tonya B. Lacey. Notice of Public Hearings (D13-50). The Clerk read the notice of the public hearings as they appeared in the local newspaper, the purpose being to solicit citizen input. Ordinance 13-02, First Read Approved, Rezoning 2.24 Acres of Land Located at 2017 Lafayette Boulevard From R-4 Single Family Residential, C-T Commercial/Office Transitional and C-T 18137 Public Hearing 02/12/13 Commercial/Office Transitional (Conditional) to C-T Commercial- Office/Transitional (Conditional) (D12-50). 1 speaker. After staff overview and a few brief questions from Council there was one public comment. Ken Hammond, applicant, he stated that he had been working with the Planning staff for approximately six months and he said they have revised the plans to address all issues and concerns. He said there is one issue that he had concerns with and that was the restriction of the hours. He stated that none of the other businesses in the area had limited hours and he asked that the restriction be removed. Upon a motion and as recommended Councilor Howe moved to approve Ordinance 13-02, on First Read, rezoning 2.24 acres of land located at 2017 Lafayette Boulevard from R-4 single family residential, C-T Commercial/Office Transitional and C-T Commercial/Office Transitional (conditional) to C-T Commercial- Office/Transitional (conditional); 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). Granting a Special Use Permit to Linda Fagan Sealy Holdings, LLC and Frank Sealy Holdings, LLC for a Retail Establishment on Property Located at 2017 Lafayette Boulevard (D12-50). – This item could not be approved until there is a second read on the rezoning ordinance. Adjournment. There being no speakers to come before the Council at this time, Mayor Greenlaw declared the hearing officially adjourned at 8:23 p.m. 18138 Public Hearing 02/12/13 Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 18139 Public Hearing 02/12/13 [This page intentionally left blank.] 18140 Regular Session 02/12/13 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 February 12, 2013 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, February 12, 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 Public Works Director David King, Police Chief David Nye, 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 Councilor Frederic N. Howe, III, followed by the Pledge of Allegiance led by Mayor Mary Katherine Greenlaw. Officer Recognized. Mayor Greenlaw recognized the presence of Officer John Fesq at this evening’s meeting. Columbia Gas, Phase II Facilities Upgrade (D13-49). The Columbia Gas representatives, Conner McGrath, Brian Mitchell and Bob Ennis came and gave a 18141 Regular Session 02/12/13 PowerPoint presentation. The presentation discussed the modernization of the infrastructure which began in 2012. In January 2012, Columbia Gas of Virginia started investing $100 million towards the natural gas infrastructure modernization plan that was approved by the Virginia State Corporation Commission. More than $1.5 million was spent in Fredericksburg improving the natural gas underground infrastructure in 2012 and an addition $2.3 million will be spent in 2013. (For more information see D13-49). Citizen Comment. The following speaker came forward to participate in the citizen comment portion of this evening's meeting. Hamilton Palmer (D13-49), 401 Charles Street, thanked Council for supporting buy local and he presented Council with a comparison chart listing the City, Manassas, Staunton, Williamsburg, Winchester, Spotsylvania and Stafford. He showed that the City spends more in comparison with the other jurisdictions. Mayor Greenlaw noted that the localities that were being used to compare the City to were much larger than the City. Public Hearings Conducted (D13-50). 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. Resolution 13-10, Requesting Virginia Department of Rail and Public Transportation to Evaluate Railroad Track Improvement Alternatives and Potential Route Alignment Alternatives in the City of Fredericksburg Railroad Corridor – Councilor Howe 18142 Regular Session 02/12/13 7B. House Bill 2152 – Councilor Howe 7C. Transportation – Councilor Kelly Resolution 13-10, Requesting Virginia Department of Rail and Public Transportation to Evaluate Railroad Track Improvement Alternatives and Potential Route Alignment Alternatives in the City of Fredericksburg Railroad Corridor (D13-51). Councilor Howe welcomed Thelma Drake, Director of Department of Rails and Public Transportation and Kevin Page, Chief Operating Officer of the Department of Rails and Public Transportation. Councilor Howe presented a resolution to request the Virginia Department of Rail and Public Transportation evaluate the railroad track improvement alternatives and potential route alignment alternatives in the City. He stated that the DRPT were in agreement with including the City in the Study. After some discussion Councilor Howe moved to approve Resolution 13-10, requesting Virginia Department of Rail and Public Transportation to evaluate railroad track improvement alternatives and potential route alignment alternatives in the City of Fredericksburg Railroad Corridor; motion was seconded by Councilor Kelly and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Ellis, Devine, Howe, Kelly, Paolucci and Solley. Nays (0). Resolution 13-11, Opposing House Bill 2152 in the 2013 Virginia General Assembly (D13-52 thru D13-53.1). Councilor Howe presented two versions of a resolution (Councilor Howe’s version – orange copy and City Attorney Dooley’s edited version – pink copy) to oppose House Bill 2152 in the Virginia General 18143 Regular Session 02/12/13 Assembly which would mandate changes to provisions of the Virginia Railway Express (VRE) Master Agreement concerning the voting practices of the VRE Operations Board, and changes to current statue concerning votes on all transportation district commissions. This change would including VRE’s two parent commissions, designed to substantially increase the weight accorded to the Commonwealth Transportation Board (CTB) Chairman’s appointee to those commissions although under the MOU Sec. XIII the State law changes are accommodated. The House Bill 2152 was introduced on behalf of the Administration without any prior discussion with the other members of the commissions or the VRE Operations Boards. He believed these changes to voting practices are best decided in a collaborative manner, as they have been done in the past, because a collaborative approach has served the interests of all the members well over the years and avoided unforeseen disruptions in the governance and financing of the VRE. After much discussion between Council and Ms. Drake, Councilor Kelly moved to approve Resolution 13-11 opposing House Bill 2152 in the 2013 Virginia General Assembly (pink copy); motion was seconded by Councilor Solley and passed by the following recorded votes. Ayes (4). Councilors Greenlaw, Devine, Kelly, and Solley. Nays (3) Councilors Ellis, Howe and Paolucci. Transportation (D13-54 thru D13-55). Councilor Kelly presented Council with two documents one was a preliminary document on the 2040 Constrained Long Range Transportation Plan for the region. He noted that the 2040 plan shows $10 billion is needed to maintain traffic flow. The second document was a presentation given by John Lawson, the Chief financial officer of Virginia Department of Transportation and he noted that it showed a budget shortfall of $766 million dollars. 18144 Regular Session 02/12/13 City Manager’s Consent Agenda Accepted for Transmittal as Recommended (D13-56 thru D13-66). Following review and as recommended, Councilor 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 – January 2013 (D13- 56). • Transmittal of Information of 507 Weedon Street (Violation of Special Use Permit) for Public Hearing and Action on February 26 (D13-57). • Resolution 13-12, Authorizing the City Manager to Execute a Law Enforcement Mutual Aid Agreement with Regional Sheriffs (D13-58 thru D13-59). • Resolution 13-13, Amending a Lease with T-Mobile Northeast, LLC for Space on the Courtland Water Tank for Telecommunications Equipment, to Allow Installation of Two Microwave Dishes (D13-60). • Transmittal of Boards and Commission Minutes o Fredericksburg Arts Commission – December 6, 2012 (D13-61). o Fredericksburg Clean and Green Commission – January 7, 2013 (D13-62). o Recreation Commission – July 19, 2012 (D13-63). o Recreation Commission – September 20, 2012 (D13-64). o Recreation Commission – October 18, 2012 (D13-65). 18145 Regular Session 02/12/13 o Recreation Commission – December 13, 2012 (D13-66). Adoption of Minutes (D13-67 thru D13-72). Councilor Devine moved approval of the October 23 and November 13, 2012 Work Sessions, the November 14, 2012 Council Retreat, November 27 and December 11, 2012 Work Sessions and the January 22, 2012 Work Session, Public Hearing and Regular Session minutes with a minor correction to the January 22 Regular Session; 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 Fredericksburg Arts Commission (D13-73). – This item was withdrawn from the agenda. Ordinance 13-03, First Read Approved, 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 (D13-75). Councilor Solley moved to approve Ordinance 13-03, on first read, 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; motion was seconded by Councilor Howe and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Ellis, Devine, Howe, Kelly, Paolucci and Solley. Nays (0) Goals and Initiatives Work Plan for Fiscal Year 2013 and Fiscal Year 2014 (D13-76). Upon a motion Councilor Kelly moved to defer action until a 18146 Regular Session 02/12/13 public hearing is held; motion was seconded by Councilor Ellis and passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Ellis, Devine, Howe, Kelly and Paolucci. Nays (1) Councilor Solley. Fiscal Year 2013 Financial Update (D13-77). Assistant City Manager Whitley presented the fiscal year 2013 financial report for the second quarter financials. He also alerted Council of the possible increase in the health insurance if the current trend does not reverse. He said this was the final year of a three year contract with the current insurance carrier and proposals were due in this week. (See Document 13-__ for more information) City Manager’s Report and Council Calendar (D13-78 thru D13- 79). 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: Downtown Arts and Cultural District Applicants Up for 2013, EDA Annual Report for 2012, Historicon Attendees Book Hotel Room Nights Early, New Economic Development Website Traffic Increases, Traffic Control Training, Weight Watchers at Work, and 2013 Point-In-Time Count. Closed Meeting Approved (D13-80). Councilor Kelly motioned to go into closed session at 10:02 p.m. Councilor Ellis seconded the motion to meet under Virginia Code 2.2-3711(A)(5), to discuss a prospective outdoor commercial recreation business. Ayes (7). Councilors Greenlaw, Ellis, Devine, Howe, Kelly, Paolucci and Solley. Nays (0). Return to Open Meeting Approved. Upon the motion of Councilor Kelly, seconded by Councilor Howe and passed by the following unanimously recorded 18147 Regular Session 02/12/13 votes, Council approved a return to an open meeting. Ayes (7). Councilors Greenlaw, Ellis, Devine, Howe, Kelly, Paolucci and Solley. Nays (0). Resolution 13-14, Approved Certifying Closed Meeting. Upon the motion of Councilor Kelly, seconded by Councilor Howe and passed by the following unanimously recorded votes, Council approved Resolution 13-14 certifying their closed meeting. Ayes (7). Councilors Greenlaw, Ellis, Devine, Howe, Kelly, Paolucci and Solley. Nays (0). Adjournment. There being no further business to come before the Council at this time, Mayor Greenlaw declared the meeting officially adjourned at 11:00 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 18148