City Council

Public Hearing 06/10/14 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 June 10, 2014 The Council of the City of Fredericksburg, Virginia, held a public hearing on Tuesday, June 10, 2014, beginning at 7:39 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 Cameron, Assistant City Manager Mark Whitley, City Attorney Kathleen Dooley, Assistant City Attorney Robert Eckstrom, Budget Manager Amanda Lickey, Planning Director Charles Johnston, Stormwater Administrator & Environmental Planner Kevin Utt, Economic Development Director Karen Hedelt and Clerk of Council Tonya B. Lacey. Notice of Public Hearings (D14-230 thru D14-231). The Clerk read the notice of the public hearings as they appeared in the local newspaper, the purpose being to solicit citizen input. Ordinance 14-28 First Read Approved, Granting a Fifteen Year Non-Exclusive Franchise to Comcast to Provide Cable Television Services in the City (D14-230). – 1 speaker. After a brief overview there was one speaker. 18663 Public Hearing 06/10/14 Marie Schuler, Comcast Representative, stated that she had been working with the Cable Commission to get the franchise ready for approval and she said it will be a beneficial franchise for the City. Councilor Howe added that the City has been trying to get the franchise approved since 2007 and he thanked City Attorney Dooley and Assistant City Attorney Eckstrom for helping. As recommended Councilor Howe moved approval of Ordinance 14-28, on first read, granting a fifteen year non-exclusive franchise to Comcast to provide cable television services in the City; 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 14-29, First Read Approved, Establishing a Local Virginia Stormwater Management Program for Land-Disturbing Activities (D14-231). – 1 speaker. Councilor Kelly asked how much additional time would be needed by staff and whether this change would require additional staff to carry this through. Mr. Johnston stated that he felt Mr. Utt would be stretched very thin because a great deal of time would be spent on understanding the regulations. He said that while this was a burden to take on, it was also a benefit because Mr. Utt would be the local person to call on and he would know the local players, but it will be a challenge with all his other responsibilities. Councilor Kelly said he would like to know sooner rather than later what the staffing needs are because there are a lot of issues. He added that he felt Mr. Johnston’s staff was stretched very thin. 18664 Public Hearing 06/10/14 Councilor Devine agreed and she shared the same concerns. She also asked when the ordinance would be in effect and Mr. Johnston said the State expects it to be in effect July 1. Theron Keller, 237 Farrell Lane, was concerned that some of the provisions in the ordinance go overboard in what is expected. He said in the ordinance it says the City has a choice in whether to enforce these regulations with individual single-family homes and he requested council not to enforce this with individual single-family homes. He asked that it be enforced with larger commercial, multi-site developments. The provisions are unfair to individual homeowners because of the fees and costs that will be passed on to the homeowner and he felt it would be too expensive for individual homeowners to cover the requirements. He also had concerns with the Best Management Practice (BMP) agreement he said it would encumber a property forever. He said he didn’t like the wording for inspection it required the homeowner to have inspections at any time. He requested Council remove single-family homes from the ordinance. Mayor Greenlaw asked for an explanation on how the BMP would work for a single-family home and Mr. Johnston said it’s clear in the State regulations that disturbances less than 2,500 square feet are accepted. Mr. Johnston stated that what’s not clear is whether individual single-family homes are a common plan where the disturbance is greater than 2,500 square feet. He said this would be clarified before the next meeting. Councilor Howe cautioned that BMP’s on single-family lots were not good and even worse on infill lots. He was concerned because it can make a large piece of a lot unusable. Mr. Utt explained that there are several types of BMP’s, there are swales, rain gardens, underground, rain barrels and cisterns. He said there are several practices that a 18665 Public Hearing 06/10/14 developer could use to meet the regulations. Councilor Howe said that he was concerned that on smaller lots there wouldn’t be enough land mass and he’s not sure how that would work. Mr. Utt said there are also other ways to achieve and accomplish the State regulations. Councilor Kelly said the City must look at the end game and what it wants to achieve and whether this is achieving what the City wants. He said he would like to balance the pros and the cons. Mayor asked if this was to conform to the State regulations and Mr. Johnston said it was and that the City was not in a position to debate because it would be applied to all of the State. Upon a motion and as recommended Councilor Solley moved approval of Ordinance 14-29, on first read, establishing a local Virginia Stormwater Management Program for land-disturbing activities; motion was seconded by Councilor Devine and passed by the following recorded votes. Ayes (7). Councilor Greenlaw, Ellis, Devine, Howe, Kelly, Paolucci and Solley. Nays (0). None. 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 Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 18666 Regular Session 06/10/14 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 June 10, 2014 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, June 10, 2014, 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 Cameron, Assistant City Manager Mark Whitley, City Attorney Kathleen Dooley, Assistant City Attorney Robert Eckstrom, Budget Manager Amanda Lickey, Planning Director Charles Johnston, Stormwater Administrator & Environmental Planner Kevin Utt, 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 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 Paul Peterson at this evening’s meeting. Presentation of City Programs for 2014 Virginia Enterprise Zone Application (D14-229). Economic Development Director Hedelt gave a brief 18667 Regular Session 06/10/14 synopsis stating that the VEZ incentive grant program was a partnership between state and local government to improve economic conditions within designated localities. The program is meant to complement local, state and federal economic development activities to create an improved climate for private sector investment and job creation and to focus limited local resources on strategically targeted areas. Applications for the 2015 VEZ designation round are due June 30 to the Virginia Department of Housing and Community Development. There are five openings in 2015 due to the year-end expiration of four communities’ zones. The Governor designates up to 30 Enterprise Zones which are good for a period of ten years. The Governor’s announcement of the four awards is expected by late September. State incentive grants in designated VEZ communities are twofold: a) Job Creation Grants to employers in local zones creating four or more qualifying jobs ($2,500 per job paid over five years). The jobs must pay at least 175% of federal minimum wage. Retail, food & beverage and personal service positions are not eligible. b) Real Property Investment Grants to developers of new, expanded or rehabilitated commercial, mixed use and industrial buildings in local enterprise zones. To qualify, the developer must make at least a $100,000 capital investment for a rehabilitation or expansion project. For new construction, the minimum capital investment is $500,000. In 2011, the state grants averaged from $75,000 to $95,000, depending on the project type. Participating communities must provide a local incentive package strategically tailored to its enterprise zones. If the application is approved, the incentive package must be in operation by January. 18668 Regular Session 06/10/14 Citizen Comment. The following speakers came forward to participate in the citizen comment portion of this evening's meeting. Richard Friesner, 1231 Hanover Street, stated that the Planning Commission had been reviewing special exceptions and he said they plan to hold a public hearing next month on the whether to keep them or do away with them. Public Hearing Conducted (D14-230 thru D14-231). The regular session was recessed in order to conduct the scheduled public hearings and immediately reconvened upon their conclusion. Council Agenda Presented. The following items were presented to Council. 7A. Budget Advisory Appointments-Election Date Change – Councilor Howe 7B. Riverfront Taskforce Update – Councilor Solley Budget Advisory Appointments – Election Date Change (D14- 232). Councilor Howe read a statement discussing his efforts of establishing a ‘Budget Advisory Board’ and his support of moving the Council elections to November to save taxpayers on the cost. See D14-232 for more information. Riverfront Taskforce Update. Councilor Solley gave an update on the Riverfront Taskforce. He stated that the first weekend in May the Taskforce and the Design Team held the 2nd open house at the Dorothy Hart Community Center and it was well attended. The open house allowed the attendees to view the summary of activities to date and it offered two designs to review and offer input and concerns. There were 242 responses to the two designs between the open house attendees and the reviews online. 18669 Regular Session 06/10/14 The design team summarized the surveys for the taskforce and they also met with the ARB for an informal session. The ARB offered several observations in particular to the Masonic Lodge on the site. There were no clear indications on whether the ARB would support demolition of the Lodge. The Taskforce met to discuss the Masonic Lodge and to examine the two concepts and provide direction to Rhodeside and Harwell concerning which concept they preferred and which desired modifications they wanted for the concept. The Taskforce overwhelmingly desired removal of the Masonic Lodge because it would be difficult to create a design around. The final plans will go to ARB for review. The Taskforce selected Option A as the preferred design with a number of modifications some from which came from Option B. Rhodeside and Harwell will develop a sketch of the modified Option A for the Taskforce to review. Once the elements of the design are selected a more formal concept drawing will be posted on the website for comment. The final concept will be reviewed by the Taskforce with Rhodeside and Harwell and that will be followed by the final concept plan to be approved by City Council. Councilor Solley thanked the Taskforce for their hardwork and for working so well together. Councilor Solley noted that at the end of June he would no longer be on Council and he requested that Council allow him to remain on the Taskforce to see this project through completion. Councilor Devine moved to appoint Councilor Solley as a citizen representative to the Riverfront Taskforce Committee; motion was seconded by Vice-Mayor Ellis and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Ellis, Devine, Howe, Kelly, Paolucci and Solley. Nays (0). City Manager’s Consent Agenda Accepted for Transmittal as 18670 Regular Session 06/10/14 Recommended (D14-233 thru D14-241). Following review and as recommended, Councilor Kelly moved approval of the City Manager's consent agenda items; 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 14-41, Second Read Approved, Amending the Fiscal Year 2014 Budget by Appropriating Funding to Replace the Commonwealth Attorney’s Case Management Software (D14-233). • Ordinance 14-24, Second Read, Assessing a $5 Fee in Criminal and Traffic Cases in General District and Circuit Court, to Fund the Costs of an Electronic Summons System (D14-234). • Resolution 14-48, Certifying the Virginia Retirement System the City of Fredericksburg Employer Contribution Rate Effective July 1, 2014 (D14-235). • Resolution 14-49, Approving the City of Fredericksburg’s Concurrence with Fredericksburg City Schools Electing to Pay the Virginia Retirement System Board Certified Rate (D14-236). • Transmittal of Boards and Commission Minutes o Archeology Working Group – March 4, 2014 (D14-237). o Board of Social Services – January 10, 2014 (D14-238). o Board of Social Services – March 13, 2014 (D14-239). o Planning Commission – May 14, 2014 (D14-240). o Public Transit Advisory Board – April 2, 2014 (D14-241) 18671 Regular Session 06/10/14 Adoption of Minutes. Councilor Devine moved approval of the May 27, 2014 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). Economic Development Authority Appointments – Michael Colangelo and Joseph Wilson (D14-242). After the recorded votes taken, Michael Colangelo and Joseph Wilson were reappointed to the Economic Development Authority with a vote resulting between applicants Bill Beck, Michael Colangelo, Christopher Muldrow, and Joseph Wilson. Beck (1) Councilor Kelly. Colangelo (6) Councilors Greenlaw, Ellis, Devine, Howe, Paolucci, Solley. Muldrow (2) Councilors Kelly, Howe. Wilson (5) Councilors Greenlaw, Ellis, Devine, Paolucci, Solley. Planning Commission Appointment (D14-243). The following recorded votes taken for the Planning Commission and as a result of not having a majority vote elections will resume at the next regular meeting between applicants Barry Clark, Richard Dynes, Kenneth Gantt, Jason Graham, Rene Rodriguez, Helen Ross and Mary Ellen Wheeler. Clark (1) Councilor Howe. Dynes (2) Councilors Kelly, Solley. Gantt (3) Councilors Paolucci, Ellis, Greenlaw. Graham (0). Rodriguez (0). Ross (1) Councilor Devine. Wheeler (0). Central Rappahannock Regional Library Board of Trustees Appointment – Janet Gibson (D14-244). Upon a motion Councilor Devine moved to appoint Janet Gibson to the Central Rappahannock Regional Library Board of Trustees; motion was seconded by Councilor Paolucci and passed by the following 18672 Regular Session 06/10/14 unanimously recorded votes. Ayes (7). Councilors Greenlaw, Ellis, Devine, Howe, Kelly, Paolucci and Solley. Nays (0). Resolution 14-50, Approved, Granting a Special Use Permit to CVAS Boulevard, LLC for an Assisted Living Facility on Property Located in Celebrate Virginia South, at the Intersection of Gordon W. Shelton Boulevard and Haven Terrace (D14-245). Upon a motion and as recommended Councilor Kelly moved to approve Resolution 14-50, granting a Special Use Permit to CVAS Boulevard, LLC for an assisted living facility on property located in Celebrate Virginia South, at the intersection of Gordon W. Shelton Boulevard and Haven Terrace; motion was seconded by Councilor Paolucci and passed by the following recorded vote. Ayes (7). Councilors Greenlaw, Ellis, Devine, Howe, Kelly, Paolucci and Solley. Nays (0). Ordinance 14-21, Second Read Approved, Amending the Unified Development Ordinance to Allow the Use of Private Streets and Access Easements to Serve Only Single-Family Attached (Townhouse) and Multi-Family Residential Developments and to Make Corresponding Changes to Lot Orientation Requirements (D14-246). Upon a motion and as recommended Councilor Kelly moved to approve Ordinance 14-21, on second read, amending the Unified Development Ordinance to allow the use of private streets and access easements to serve only single-family attached (townhouse) and multi-family residential developments and to make corresponding changes to lot orientation requirements; motion was seconded by Councilor Ellis and passed by the following 18673 Regular Session 06/10/14 recorded votes. Ayes (5). Councilors Greenlaw, Ellis, Devine, Kelly, Paolucci and Solley. Nays (2) Councilors Howe and Devine. Ordinance 14-23, Second Read Approved, Amending the Unified Development Ordinance to Reduce the Parking Requirements for Fast Food Restaurants (D14-247). Upon a motion and as recommended Councilor Paolucci moved to approve Ordinance 14-23, on second read, amending the Unified Development Ordinance to reduce the parking requirements for fast food restaurants; motion was seconded by Councilor Kelly and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Ellis, Devine, Howe, Kelly Paolucci and Solley. Nays (0). Ordinance 14-25, Second Read Approved, Amending the Chesapeake Bay Preservation Act Overlay District Regulations, to Permit a Larger Construction Footprint and to Place Administrative Authority in the Stormwater Administrator (D14-248). Upon a motion and as recommended Councilor Kelly moved to approve Ordinance 14-25, on second read, amending the Chesapeake Bay Preservation Act Overlay District Regulations, to permit a larger construction footprint and to place administrative authority in the Stormwater Administrator; 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). Resolution 14-51, First Read Approved, Amending the Fiscal Year 2014 Social Services Fund by $334,000 to Appropriate Additional 18674 Regular Session 06/10/14 State and Federal Funding (D14-249). Upon a motion and as recommended Councilor Paolucci moved to approve Resolution 14-51, on first read, amending the Fiscal Year 2014 Social Services Fund by $334,000 to appropriate additional State and Federal Funding; 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 14-52, Approved, Suspending City Council Consideration of Additional Applicants for Real Estate Tax Exemption for Certain Not-For-Profit Organizations Under City Code §70-92.1 (D14-250). After brief staff overview Councilor Devine stated that she would be voting against the resolution because she had some concerns with the timing and the fact that there are six other institutions that qualify for the exemption status. She said she understood that they serve other regions and the Counties needed to help with their share. Upon a motion and as recommended Councilor Howe moved to approve Resolution 14-52, suspending City Council consideration of additional applicants for real estate tax exemption for certain not-for-profit organizations under City Code §70-92.1; motion was seconded by Councilor Ellis Mayor Greenlaw stated that she supported the resolution because there are many cities dealing with agencies through the budget process and she feels it’s a better way to go about assisting the agencies. Councilor Kelly noted that the organizations could still apply for funding it’s just going to be in a different manner. The motion passed by the following recorded votes. Ayes (5). Councilors 18675 Regular Session 06/10/14 Greenlaw, Ellis, Howe, Kelly and Solley. Nays (2) Councilors Devine and Paolucci. Resolution 14-53, Increasing the Parking Fees in Sophia Street Parking Garage (D14-251). After brief summary from staff Councilor Solley asked if there was a way to measure the degree of changes in the parking garage after the increase and City Manager Cameron said they were aware of the current occupancy numbers and they could check the numbers after the new fees go into effect. Councilor Solley asked that after some reasonable time that the City Manager update Council on the effects of the changes. Upon a motion and as recommended Councilor Howe moved to approve Resolution 14-53, increasing the parking fees in Sophia Street parking garage; motion was seconded by Councilor Solley and 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 (D14-252 thru D14- 253). 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: Refuse/Recycling Collection Pilot Program, Solar Powered Refuse and Recycling Containers, The Free Lance-Star and Cox Classic Soap Box Derby, Economic Development & Tourism Launches New Quarterly e-Newsletter Design, City Employees Receive Forklift Training and Fire Department Personnel Receive Specialized Training. City Manager Cameron highlighted the upcoming refuse/recycling collection program that will begin June 25. He also noted that the City would be hosting the Soap Box Derby on June 14 on William Street. 18676 Regular Session 06/10/14 Adjournment. There being no further business to come before the Council at this time, Mayor Greenlaw declared the meeting officially adjourned at 8:48 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 18677 Regular Session 06/10/14 [This page intentionally left blank.] 18678