City Council

Regular Meeting 10/8/13 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 October 8, 2013 The Council of the City of Fredericksburg, Virginia, met in regular meeting on Tuesday, October 8, 2013, beginning at 7:30 p.m. in the Council Chambers of City Hall. Present. Mayor Mary Katherine Greenlaw. 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, Director of Community Planning and Building Departments Charles Johnston, Budget Manager Amanda Lickey, Director of Parks, Recreation and Public Facilities Robert Antozzi, Human Resources Director Robert Bell and Deputy Clerk of Council Brenda T. Martin. Opening Prayer and Pledge of Allegiance. Council was led in prayer by Councilor Frederic N. Howe, followed by the Pledge of Allegiance led by Mayor Mary Katherine Greenlaw. Officer Recognized. Mayor Greenlaw recognized the presence of and thanked Officer John Fesq for being at the meeting. Proclamation for the Fredericksburg Bears American Youth Football National Champions for 2009 and 2012 (D13-391). Mr. Sterling Collins the VAYFA Football Commissioner explained the volunteer organization and their accomplishments. Tony 18391 Regular Meeting 10/8/13 Robinson their coach and the American Youth Football Coach of the year, was introduced and he thanked the families and support of the community for their success. Many players, who were in attendance, were invited to come to the front as the proclamation was presented to the coach and players on behalf of the city. Courthouse Update (D13-391.1). Mr. Bill Downey, Managing Principal of Downey and Scott and Lawrence Tressler, Project Manager gave a presentation on the progress of the new courthouse construction. He highlighted the first two phases of construction which were the Executive Plaza renovations for the interim Juvenile and Domestic Relations Court relocation and the renovations and bathroom reconstruction at the Visitor’s Center. Phase three is the courthouse building which is well under construction with an anticipated completion date of June 2014. Mr. Downey thanked Councilor Howe for all his work in assisting with the relocation of the utilities at the courthouse site. Mr. Downey showed numerous progress slides of the site from demolition to the current progress. Phase 4 will be the renovation of the current General District Court Building to the Juvenile and Domestic Court and Court Services. The construction will start mid June 2014 with an anticipated completion date of June 2015. He highlighted the project budget which is tracking approximately just over $1 million under budget. Columbia Gas Project Update. Mr. Robert Innes, Director of Communications and Community Relations briefed the Council on the progress of upgrading to the City’s aging infrastructure, which is part of a state-wide project. He estimates the completion is on target for a mid-November 2013 completion. He highlighted the areas and streets that are being worked on and the reconstruction of the paving. He thanked the Council and citizens for their patience as the work is being completed. He thanked the Public Works Department for their continued assistance. 18392 Regular Meeting 10/8/13 Councilor Devine asked about the last time Mr. Innes presented to Council, regarding the above versus below ground vault at the corner of George and Hanover. She stated it was her understanding the tree was going to be preserved at that site. She asked about landscaping that site and if there would be any other trees lost during this project. A Columbia Gas representative stated when it was decided that an underground vault was going to be installed, an arborist was consulted. The arborist determined that the drip line of the tree would be impaired and in time, bring demise to the tree, therefore it was removed. He assured the Council that landscaping will be installed at that site, including trees. Councilor Kelly voiced concerns of the work done on Hanover Street and the numerous calls he received from citizens encountering the five to six inch trenches left open in the street. Mr. Innes stated he was aware of those concerns and will make sure that doesn’t happen again. Citizen Comment. The following speakers came forward to participate in the citizen comment portion of this evening’s meeting. Kenneth Green, 6016 Massaponox Drive, thanked Council for addressing the taxi concerns through appointing a taxi board. He asked Council to consider that since Fredericksburg citizens will be paying for the ball stadium, perhaps a discount on tickets can be given to them. Karen Kallay (D13-391.2), 530 George Street, spoke about mental health needs and services and invited Council to attend the Rappahannock Community Services Board Open House on October 16, 2013. Council Agenda. The following items were presented to Council. 7A. Resolution 13-92, Approved, Endorsing FAMPO’s 2035 Constrained Long-Range Transportation Plan and I-95 Rest Area Interchange and Toll Road - Councilor Kelly 7B. Holiday Extended Parking for Downtown – Councilor Paolucci 18393 Regular Meeting 10/8/13 7C. Railroad Avenue Fence – Councilor Paolucci 7D. Lease Private Parking Lots – Councilor Howe 7E. Fredericksburg City Schools – Mayor Greenlaw Resolution 13-92, Approved, Endorsing FAMPO’s 2035 Constrained Long- Range Transportation Plan and I-95 Rest Area Interchange and Toll Road (D13- 392). Councilor Kelly briefed the Council on the item. He noted Spotsylvania Board of Supervisors has brought an alternative to the greenway project. Transportation Secretary Connaughton has asked for the City’s input on the project. Councilor Kelly motioned to approve Resolution 13-92, Endorsing FAMPO’s 2035 Constrained Long-Range Transportation Plan and I-95 Rest Area Interchange and Toll Road. The 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). Holiday Extended Parking in the Downtown. Councilor Paolucci reminded staff of the upcoming holiday open house and the past year’s extension of parking from two to four hours during the holiday period, for encouraging shopping and dining in the downtown. Railroad Avenue Fence. Councilor Paolucci reported that the construction of the fence is underway. She thanked CSX and Transflo for the generous donation. She also thanked City Attorney Dooley and City Manager Cameron and numerous other staff members that assisted in making this happen. She also thanked the Mayfield Civic Association and Janice Davies for her quiet determination. Lease Private Parking Lots. Councilor Howe stated a business owner suggested the City explore leasing private parking lots beginning at 6 p.m. to open up more evening parking in the 18394 Regular Meeting 10/8/13 downtown. He stated the City Manager has already began the process of identifying what lots would be most beneficial. He encouraged Council to support this idea. City Schools – Standards of Learning. Mayor Greenlaw noted that of the 132 school divisions in the state, only 36 are fully accredited and Fredericksburg schools are one of those 36. She congratulated the city schools on their accomplishments. City Manager’s Consent Agenda Accepted for Transmittal as Recommended (D13-393 thru D13-398). Following review and as recommended, Councilor Kelly moved approval of the consent agenda items; 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). • Ordinance 13-17, Second Read, Changing the Business License (BPOL) Gross Receipt Tiers, and Substituting a Minimum Tax of $50.00 for Businesses With Gross Receipts Between $100,000 and $350,000, by Amending City Code Chapter 70 “Taxation”, Article VIII “License Taxes”, Division 2 “Classified Business and Occupational Licenses” (D13-393). • Ordinance 13-20, First Read, Requiring Pawnbrokers and Precious Metal Dealers to Make Their Required Reports to the Police Department Electronically, by Adding a New Fredericksburg City Code Chapter 22, “Businesses”, Article II, “Pawnbrokers”, Division I “Generally” Section 22-23 “Reporting”, and Amending Chapter 22 “Businesses”, Article III “Dealers in Precious Metals”, Section 22-89 “Records of Purchase”. (D13-394). 18395 Regular Meeting 10/8/13 • Resolution 13-93, Amending the FY 2014 Budget to Appropriate General Fund Contingency for Repairs on the Bank of the Rappahannock Canal and the Treasurer Turnover Audit (D13-395). • Site Bond Release for Navy Federal Credit Union – 3445 Fall Hill Avenue (D13- 395.1). • Site Bond Release for Thornton Street Parking Lot – 1213, 1215, 1217 Thornton Street (D13-396). • Transmittal Memo on Virginia Department of Transportation Grant (D13-397). • Transmittal of the FRED Transit Report – September 2013 (D13-398). Taxi Board Appointments. (D13-399). Councilor Paolucci motioned to add an additional person to the board, increasing it from eight to nine members to prevent any future tie votes. The additional member could be either an owner or operator. Councilor Solley seconded the motion and it passed by the following recorded votes: Ayes (6). Councilors Greenlaw, Ellis, Devine, Kelly, Paolucci and Solley. Nays (1). Councilor Howe. Council voted and by the majority, the following appointments were made to the Taxi Board. Dispatcher representatives – Paula Foster and Kenneth Green, Owner representative – Anthony Thomas, Operator representative – Clarence Patrick, Owner/Operator representative – Darryl Green, Council Representative – Councilor Frederic N. Howe, III, Mary Washington Hospital Representative – Ravi Mathur, Rappahannock Area Agency on Aging Representative – Dennis Paddeau, and Customer Representative – Hashmel Turner. Dispatcher representatives – K. Green (5) Councilors Greenlaw, Ellis, Devine, Paolucci, Solley. Foster (4) Councilors Greenlaw, Devine, Paolucci, Solley. Haney (3) Councilors Ellis, Howe, Kelly. Akram (2) Councilors Kelly, Howe. 18396 Regular Meeting 10/8/13 Owner representative – Thomas (4) Councilors Greenlaw, Devine, Kelly, Paolucci. D. Green (5) Councilors Greenlaw, Ellis, Devine, Paolucci, Solley. Howe. Shahzad (1) Councilor Kelly. Akram (1) Councilor Howe. Operator representative – Patrick (5) Councilors Greenlaw, Ellis, Howe, Kelly, Paolucci. D. Green (2) Councilors Devine, Solley. Council Representative – Howe (7) Councilors, Greenlaw, Ellis, Devine, Howe, Kelly, Paolucci, Solley. Mary Washington Hospital Representative – Mathur (7) Councilors, Greenlaw, Ellis, Devine, Howe, Kelly, Paolucci, Solley. Rappahannock Area Agency on Aging Representative – Paddeau (7) Councilors, Greenlaw, Ellis, Devine, Howe, Kelly, Paolucci, Solley. Customer Representative – Turner (5) Councilors Greenlaw, Ellis, Howe, Kelly, Paolucci. Rodriguez (2) Councilors Devine, Solley. Board of Social Services Appointment. (D13-399.1). Councilor Paolucci motioned to appoint Debra Fults to the Board of Social Services. Councilor Kelly seconded the motion and it passed unanimously by the following recorded votes: Ayes (7). Councilors Greenlaw, Ellis, Devine, Howe, Kelly, Paolucci and Solley. Nays (0). Resolution 13-94, Approved, First Read, Amending the Fiscal Year 2014 Budget by Appropriating Fiscal Year 2013 Encumbrances and for Capital and Grant Carryovers (D13-400). Budget Manager Lickey briefed Council on the item she noted a public hearing and second reading would be held at the next Council meeting. Councilor Kelly moved approval of Resolution 13-94, Amending the Fiscal Year 2014 Budget by Appropriating Fiscal Year 2013 Encumbrances and for Capital and Grant Carryovers. 18397 Regular Meeting 10/8/13 The 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). Resolution 13-95, Approved, First Read, Amending Fiscal Year 2013 School Grants Fund Budget for Final Adjustments (D13-401). Budget Manager Lickey briefed Council on the item. Councilor Kelly moved approval of Resolution 13-95, Amending Fiscal Year 2013 School Grants Fund Budget for Final Adjustments. The 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). Resolution 13-96, Approved, Adopting Irrevocable Election Not to Participate in Virginia Local Disability Program (D13-402). Human Resources Director Robert Bell briefed the Council on the details of the item. Councilor Kelly moved approval of Resolution 13-96, Adopting Irrevocable Election Not to Participate in Virginia Local Disability Program. The 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). Ordinance 13-16, Approved, Second Read, Adopting a Unified Development Code for the City of Fredericksburg, and Amending the City Code by Repealing Chapter 78, “Zoning, Planning and Development,” Article I “In General”, Article II “Comprehensive Plan,” Article III “Zoning,” Article IV “Subdivisions,” and Article VI, “Wetlands” and Section 18-1 of the City Code, and Adopting the Document Entitled “City of Fredericksburg United 18398 Regular Meeting 10/8/13 Development Ordinance,” Dated August 30, 2013 as the New City Code Chapter 72. (D13-403 thru D13-404). Planning and Building Departments Director Johnston reviewed the memo presented in the Council packet. He highlighted special exceptions and Historic District Regulations review. The item before Council was to adopt the August 30, 2013 draft with the red text changes. Director Johnston explained the Procedures Manual which accompanies the UDO was before Council for the first time. He stated both the UDO and Procedures Manual will be amended, changed and improved over time. The ordinance must be kept up to date to be a living and viable usable tool. Councilor Kelly noted special exceptions and the concerns expressed with the Historic District downtown. He stated a lot of recent projects have been passed by special exceptions. Staff memos, as an example One Hanover, have been more zoning in natural, general and broad. Nothing was noted as to why it warranted a special exception. The specifics need to be included in the staff report. Councilor Solley thanked Director Johnston and moved approval of Adopting a Unified Development Code for the City of Fredericksburg, and Amending the City Code by Repealing Chapter 78, “Zoning, Planning and Development,” Article I “In General”, Article II “Comprehensive Plan,” Article III “Zoning,” Article IV “Subdivisions,” and Article VI, “Wetlands” and Section 18-1 of the City Code, and Adopting the Document Entitled “City of Fredericksburg United Development Ordinance,” Dated August 30, 2013 as the New City Code Chapter 72. City Attorney clarified the changes for the record as presented in the Council memo dated October 2, 2013 and August 30, 2013 draft with changes in red text. Councilor Howe thanked Director Johnston for accepting the position and taking on the task of finalizing the UDO. He also thanked the Steering Committee for their efforts and time. Steering 18399 Regular Meeting 10/8/13 committee concerns, as noted in the work session, are of technical review which Director Johnston agreed will be continued to be reviewed. Mayor Greenlaw also commended the Planning Director Johnston and the Steering Committee for all their hard work and efforts. Director Johnston recognized the Planning staff for all their hard work as well, not only since he has been working with them but prior to his arrival. Councilor Devine seconded the motion and it passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Ellis, Devine, Howe, Kelly, Paolucci and Solley. Nays (0). Resolution 13-97, Adopting the Procedures Manual for the Unified Development Ordinance (D13-405). Councilor Solley motioned approval of Resolution 13- 97, Adopting the Procedures Manual for the Unified Development Ordinance. Councilor Devine seconded the motion and it 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 (D13-406 thru D13-407). City Manager Cameron noted the R-Board has decided to initiate a new procurement process on a waste to energy facility at the landfill. Comments on a draft request for proposal are being requested from citizens through October 16, 2013. The City’s website has further details. The downtown pedestrian signal improvement project has gone out to bid. Bids will be opened on October 15, 2013 and award of contract will be brought to Council in November 2013. The Commonwealth Transportation Board will be hosting public meetings across the state. The local meeting will be held on November 13, 2013 at 6 p.m. at the Stafford Campus of University of Mary Washington. Details are posted on Virginia Department of Transportation’s website. 18400 Regular Meeting 10/8/13 Activities highlighted in the report were as follows: Fredericksburg DSS Implements Therapy Dog Program, Detective Shares Info about Internet Scams, and Governor’s Technology Award. Adjournment. There being no further business to come before the Council at this time, Mayor Greenlaw declared the meeting officially adjourned at 9:05 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Brenda T. Martin Brenda T. Martin, Deputy Clerk of Council 18401 Regular Meeting 10/8/13 [This page intentionally left blank.] 18402