City Council

Public Hearing 02/26/13 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 26, 2013 The Council of the City of Fredericksburg, Virginia, held a public hearing on Tuesday, February 26, 2013, beginning at 7:49 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, Commissioner of Revenue Lois Jacob, Assistant Public Works Director David King, Acting Planning Director Erik Nelson, Community Development Planner Marne Sherman, Economic Development Director Karen Hedelt and Clerk of Council Tonya B. Lacey. Notice of Public Hearings (D13-82 thru D13-85). The Clerk read the notice of the public hearings as they appeared in the local newspaper, the purpose being to solicit citizen input. Annual Action Plan for the Community Development Block Grant Program (D13-84). – no speakers. Community Development Planner 18149 Public Hearing 02/26/13 Sherman stated that each year the City of Fredericksburg submits an Annual Action Plan to the U.S. Department of Housing and Urban Development (HUD) in order to meet the federal guidelines under the Community Development Block Grant (CDBG) Program. The Annual Action Plan is the proposed implementation of the fourth annual phase of the City adopted 2010-2015 Consolidated Plan for community development programs. It will outline projects that will specifically address housing and homeless needs for qualified individuals. The eligibility threshold for community development programs is for persons and families with a household income below 80 percent of the area median income or below, adjusted by household size. The total number of households in Fredericksburg that could be classified as low and moderate –income is 5,540 or 64.72 percent of the City’s households. Previous plans directed funds to various non-profit organizations lending services to eligible applicants, which include emergency rental/mortgage assistance, legal services, health counseling, financial counseling, and food assistance. The Planning Department directly manages the Direct Homeownership Assistance Program, which provides closing costs and down payments to eligible applicants, Removal of Architectural Barriers Programs, which makes modifications to housing to promote accessibility for the disabled, and the Emergency Home Repair Program which provides needed plumbing, electric and roofing repairs for eligible homeowners in the City. Staff will also solicit comments from neighborhood and civic associations directly. Resolution 13-16, Approved, Adopting Goals and Initiatives Work Plan for Fiscal Year 2013 and Fiscal Year 2014 (D13-83). 1 speaker. After staff overview there was one public comment. 18150 Public Hearing 02/26/13 Hamilton Palmer (D13-82) – 401 Charles Street, asked why the Performing Arts Center wasn’t followed through on, he questioned who was responsible for the Unified Development Ordinance, he suggested rewriting Item B under Economic Vitality because he felt it needed to be more concise and work related, Item D under Economic Vitality he also suggested taking out the verbiage on the violation of the Virginia Procurement Act. He also stated that the City needed to hire a City Procurement Officer. He also distributed a couple of items he would like to see added to the goals and initiatives. Upon a motion and as recommended Councilor Solley moved to approve Resolution 13-16, adopting Goals and Initiatives Work Plan for Fiscal Year 2013 and Fiscal Year 2014; motion was seconded by Councilor Kelly. Councilor Kelly verified with Assistant City Manager Whitley that the public would have an opportunity to weigh in on the goals and initiatives again in the future and Mr. Whitley said they would. Councilor Howe noted that one of the topics that Mr. Palmer suggested adding (homelessness) was not currently listed as an initiative. He stated that it was a major issue and it needed to be addressed. It was explained that although there was no specific goal or initiative laid out in the work plan it was being addressed by the current Continuum of Care. The motion passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Ellis, Devine, Howe, Kelly, Paolucci and Solley. Nays (0). Ordinance 13-04, Failed, Authorizing the Modification of Deed Restrictions Held by the City on 626 George Street, Imposed by a Deed Dated October 23, 1974, by and Between the City of Fredericksburg 18151 Public Hearing 02/26/13 and Commonwealth Gas Distribution Corporation, Recorded in the Fredericksburg Circuit Court Clerk’s Office in Deed Book 153 Page 447 (D13-85). – 3 speakers. After staff presentation there was some Council discussion in regards to the mesh being placed in side of fence and the amount of noise the unit would produce. The Columbia Gas representative Conner McGrath said it would not cause more than 30 decibels of noise, equivalent to a conversation. Some of Council also expressed their strong concerns for moving the equipment from underground to above ground. Mr. Mr. McGrath explained the reason for moving the unit above ground was for maintenance he said the units were more elaborate and it was harder to maintain them underground. Michael Craig, 711 Lee Avenue, stated that if there was another option it needed to be explored because the proposed corner was a great corner that has a lot of potential. Anne Little, 726 William Street, stated that she walks by another unit near the canal and the sound is annoying and she suggested the unit be located elsewhere. Theron Keller, 247 Farrell Lane, addressed the safety issue of placing the unit in this location. He said it would be devastating if someone crashed into the unit. Upon a motion Councilor Devine moved not to approve Ordinance 13-04, on first read, authorizing the modification of deed restrictions held by the City on 626 George Street, imposed by a deed dated October 23, 1974, by and between the City of Fredericksburg and Commonwealth Gas Distribution Corporation, recorded in the Fredericksburg Circuit Court Clerk’s Office in Deed Book 153 Page 447; motion was seconded by Councilor Ellis. Councilor Howe made a friendly amendment to allow the gas company to come 18152 Public Hearing 02/26/13 back with other options. There was no second, friendly amendment failed. Councilor Devine stated that a friendly amendment was not needed because if the item was voted down they would have to come back with other options. The motion to deny was 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 8:31 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 18153 Public Hearing 02/26/13 [This page intentionally left blank.] 18154 Regular Session 02/26/13 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 26, 2013 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, February 26, 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, Commissioner of Revenue Lois Jacob, Assistant Public Works Director David King, Acting Planning Director Erik Nelson, Community Development Planner Marne Sherman, Economic Development Director Karen Hedelt and Clerk of Council Tonya B. Lacey. Opening Prayer and Pledge of Allegiance. Council was led in prayer by Councilor Matthew J. Kelly, followed by the Pledge of Allegiance led by Mayor Mary Katherine Greenlaw. Officer Recognized. Mayor Greenlaw recognized the presence of Officer Theodore Marrs at this evening’s meeting. 18155 Regular Session 02/26/13 Good Neighbor Day Community Outreach – Jeremy Thompson, University of Mary Washington Student Government (D13-81). Jeremy Thompson, President of University of Mary Washington Student Government and Kagan McSpadden, Director of Community Outreach presented a PowerPoint to City Council detailing the community service projects they have been involved in and they spoke about the Good Neighbor day that is going to be held on March 16 in the College Heights and College Terrace Neighborhoods. Status Report by the Main Street Formation Committee – Wilson Greenlaw and Scarlet Pons. Scarlet Pons a downtown merchant and a member of the Main Street initiative requested that Council give Mr. Cameron permission to sign the Virginia Main Street application. Since June the seven members have worked to get to the application process. They currently have an operating agreement, a memorandum of understanding between the Fredericksburg Main Street and the City of Fredericksburg; they have completed their 501C3, written a business plan, requested funding from Economic Development Authority, received over 60 letters of support and sent off their first newsletter. Resolution 13-15, Approved, Authorizing the City Manager to Sign the Virginia Main Street Application (D13-95). Upon a motion and as recommended Councilor Howe moved to approve Resolution 13-15, authorizing the City Manager to sign the Virginia Main Street application; 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). 18156 Regular Session 02/26/13 Citizen Comment. There was no citizen comment at this evening's meeting. Public Hearings Conducted (D13-82 thru D13-85). 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. Riverfront Park – Councilor Kelly 7B. City Procurement Practices – Councilor Howe 7C. Police Drones – Councilor Howe Riverfront Park (D13-86 & D13-96). Councilor Kelly stated that he would like to direct staff to take the following actions before implementing any riverfront plan: complete an on-site survey, complete archeological survey of site, secure Certificate of Appropriateness for demolition of lodge building, combine the lots of the project into a single lot, identify potential funding sources or options to finance the park project exclusive of the general fund, staff prepare a public presentation to council on the findings as well as the regulatory restrictions on the site and in preparation for a public discussion on park design establish a public information plan that allows for public input outside the normal public hearing process. After all those steps are completed he would like to see the reorganization of the taskforce to include, in addition to the stakeholders, staff and representatives from organizations who have expertise and/or oversight regarding riverfront development or other areas deemed appropriate by the Council and have the taskforce host public meetings. Councilor Kelly moved to direct staff to complete the seven steps as outlined: 18157 Regular Session 02/26/13 1. Move forward to complete the survey on the site. 2. Complete archaeological survey of site (or update 1981 archaeological survey) if possible. (First Choice is using considerable park land area for construction staging through 2015). 3. Secure Certificate of Appropriateness (COA) from Architectural Review Board (ARB) for demolition of lodge building. 4. Combine the current (9) lots of the project area into a single lot. 5. Identify potential funding sources or options to finance the park project exclusive of general funds. 6. With the information obtained above have appropriate staff prepares a public presentation to council on the findings as well as the regulatory restrictions on the site. 7. In preparation for a public discussion on park design establish a public information plan that allows for public input outside the normal public hearing process, i.e., a specific e-mail address for comments. Motion was seconded by Councilor Paolucci. Councilor Ellis clarified with City Manager Cameron that staff would be able to handle and complete the recommended seven items and he asked how long it would take. Mr. Cameron stated that items 3-7 could be handled in house and items 1 and 2 would be contracted out. He estimated it would take 6-9 months to complete. Councilor Ellis made a substitute motion to treat Councilor Kelly’s recommendations as Phase I (outputs) into Phase II which would be award of the contract to the existing firm and scope of work would have to be changed and the contract would 18158 Regular Session 02/26/13 result into a concept design and later put out an Request for Proposal for the final design; substitute motion was seconded by Councilor Devine for discussion. Councilor Solley asked if all the seven items needed to be completed before starting the design because some items could be done concurrently with the design. Mr. Cameron stated that it would be better to do those items sooner rather than later because they would not impede with the design work. Council also had considerable discussion on identifying ways to pay for the park and there was also some discussion on the reorganization of the taskforce. It was stated by both Councilor Solley and Devine that reorganization was not needed because there were people with expertise on the Taskforce, adding additional members was a possibility. Councilor Ellis restated his substitute motion, to approve the seven task laid out by Councilor Kelly in his memo and the paragraph afterward to have the discussion on the taskforce and then award the contract to Rhodeside and Harwell for a reduced scope contract for a concept design then have the option to put out an Request for Proposal for final detailed design. The timeframe for completing the recommended items is 6-9 months. After a restatement of the substitute motion Councilor Solley was not in agreement with the addition of the language in the paragraph following item 7 so the language in the paragraph was changed to read the taskforce would oversee a public process with the contractor as part of the contract regarding a concept design. 18159 Regular Session 02/26/13 The substitute motion was approved by the following recorded votes. Ayes (6). Councilors Greenlaw, Ellis, Devine, Kelly, Paolucci and Solley. Nays (1) Councilor Howe. City Procurement Practices. Councilor Howe sated that he would like the City to more aggressively support local and regional businesses within the parameters of the procurement laws by finding ways to spend money locally for the future. Police Drones (D13-87). Councilor Howe noted that the City of Charlottesville had adopted a resolution in regards to the drone annotation into the United States. He noted that the General Assembly had passed in both the Senate and the House a bill prohibiting the use of drones and they were awaiting the Governor’s approval. He propose that if the Governor decided not to sign the legislation then he would come back with a resolution to support Charlottesville and the prohibiting of the use of drones with the exception of amber alert, senior alerts, blue alerts and other search and rescue type of situations. City Manager’s Consent Agenda Accepted for Transmittal as Recommended (D13-88 thru D13-92). Following review and as recommended, Councilor Kelly 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). • Ordinance 13-02, Second Read, Rezoning 2.24 Acres of Land Located at 2017 Lafayette Boulevard from R-4 Single Family Residential, C-T Commercial-Transitional and C-T Commercial/Office Transitional 18160 Regular Session 02/26/13 (Conditional) to C-T Commercial Office/Transitional (Conditional) (D13-88). • Ordinance 13-03, Second Read, Granting Columbia Gas of Virginia, Inc., and Easement for a Natural Gas Distribution Service Line through the Visitor’s Center’s Parking Lot for Utility Service to the New Court Facility (D13-89). • Transmittal of Boards and Commission Minutes o Architectural Review Board – January 14, 2013 (D13-90). o Fredericksburg Arts Commission – January 10, 2013 (D13-91). o Potomac & Rappahannock Transportation Commission – January 10, 2013 (D13-92). Adoption of Minutes. Councilor Devine moved approval of the February 12, 2013 Public Hearing and Regular Session minutes; 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). Appointment to the Fredericksburg Arts Commission (D13-93). – After the recorded votes taken, Stephen Graham was appointed to the Fredericksburg Arts Commission with a vote resulting between applicants. Stephen Cameli, Stephen Graham, William Mason, and Crystal Rodrigue. Cameli (0). Graham (5) Councilors Greenlaw, Ellis, Devine, Howe, Solley. Mason (2) Councilors Kelly, Paolucci. Rodrigue (0). Resolution 13-17, Approved, Granting a Special Use Permit to Linda Fagan Sealy Holdings, LLC and Frank Sealy Holdings, LLC for 18161 Regular Session 02/26/13 a Retail Sales Establishment on Property Located at 2017 Lafayette Boulevard (D13-94). Councilor Paolucci moved to approve Resolution 13-17, granting a special use permit without restrictions of the hours to Linda Fagan Sealy Holding, LLC and Frank Sealy Holdings, LLC for a retail sales establishment on property located at 2017 Lafayette Boulevard; 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) Authorizing the City Manager to Execute a Contract for the Riverfront Park Concept Design (Master Plan) (D13-96). This item was addressed during the City Council Agenda. Ordinance 13-05, First Read Approved, Joining the Northern Virginia Cigarette Tax Board, by Amending City Code Chapter 10 “Agencies, Authorities, Boards, Commissions and Committees”, Article III “Regional Bodies” by Adding a New Division 4, “Northern Virginia Cigarette Tax Board” (D13-97). Upon a motion and as recommended Vice-Mayor Ellis moved to approve Ordinance 13-04, on first read, to join the Northern Virginia Cigarette Tax Board, by Amending City Code Chapter 10 “Agencies, Authorities, Boards, Commissions and Committees”, Article III “Regional Bodies” by adding a New Division 4, “Northern Virginia Cigarette Tax Board”; 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). Ordinance 13-06, First Read Approved, Adopting the Northern 18162 Regular Session 02/26/13 Virginia Cigarette Tax Board Uniform Cigarette Tax Ordinance by Repealing City Code Chapter 70 “Taxation”, Article XIII “Cigarette Tax” and Adopting a New Chapter 70 “Taxation”, Article XV “Cigarette Tax” (D13-98). Upon a motion and as recommended Councilor Kelly moved to approve Ordinance 13-05, on first read, to adopt the Northern Virginia Cigarette Tax Board Uniform Cigarette Tax Ordinance by Repealing City Code Chapter 70 “Taxation”, Article XIII “Cigarette Tax” and Adopting a New Chapter 70 “Taxation”, Article XV “Cigarette Tax”; 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). City Manager’s Report and Council Calendar (D13-99 thru D13- 100). 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: Chief Nye on Live Chat, EDT Publishes Quarterly e-Newsletter, Virginia Turgrass Council Gives Back, Parks, Recreation and Public Facilities Updates (Visitor Center Kenmore Memorial Park, Gordon Cemetery Work Complete), Community Garden, and Icebreaker Fishing Tournaments. Adjournment. There being no further business to come before the Council at this time, Mayor Greenlaw declared the meeting officially adjourned at 9:45p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor 18163 Regular Session 02/26/13 Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 18164