City Council

Public Hearing 08/12/14 CITY OF FREDERICKSBURG, VIRGINIA HON. MARY KATHERINE GREENLAW , MAYOR HON. WILLIAM C. WITHERS, JR., VICE -MAYOR, WARD TWO CITY COUNCIL HON. KERRY P. DEVINE, AT-LARGE HON. MATTHEW J. KELLY, AT-LARGE HON. BRADFORD C. ELLIS, WARD ONE HON. DR. TIMOTHY P. DUFFY, WARD THREE Council Chambers, 715 Princess Anne Street HON. CHARLIE L. FRYE, JR., WARD FOUR Fredericksburg, Virginia 22401 August 12, 2014 The Council of the City of Fredericksburg, Virginia, held a public hearing on Tuesday, August 12, 2014, beginning at 7:33 p.m. in the Council Chambers of City Hall. City Council Present. Mayor Mary Katherine Greenlaw, Vice-Mayor William C. Withers, Jr. and Council members Kerry P. Devine, Dr. Timothy P. Duffy, Bradford C. Ellis, Charlie L. Frye, Jr. and Matthew J. Kelly. Also Present. City Manager Beverly Cameron, Assistant City Manager Mark Whitley, City Attorney Kathleen Dooley, Community Planning & Building Development Director Charles Johnston, Planning & Community Development Planner Hunter Snellings, Development Administrator and Code Enforcement Officer Marne Sherman, Zoning Administrator Michael Craig, Economic Development Director Karen Hedelt, Assistant Economic Development Director Bill Freehling, and Clerk of Council Tonya B. Lacey. Notice of Public Hearings (D14-293 thru D14-298). The Clerk read the notice of the public hearings as they appeared in the local newspaper, the purpose being to solicit citizen input. Consolidated Annual Performance and Evaluation Report for Community Development Block Grant Programs (D14-293). – 1 speaker. 18705 Public Hearing 08/12/14 Community Development Planner Hunter Snellings stated that the purpose of the public hearing was to solicit public comment on the Annual Report on the performance in the Community Development Block Grant Program. Staff stated that there were $202,807.22 in expended resources $131,463.22 was used on emergency home repairs, $4,300.00 for homeless prevention and public services, $12,400.00 for Rappahannock Legal Services, $5,500.00 for HIV/AIDS Support services, $1,800.00 to Fredericksburg Area Food Bank, $14,578.00 for removal of architectural barriers, $250.00 for fair housing, $318.64 used for public information and $32,156.36 for administration. Mr. Snelling said all unexpended resources would be carried over to the next program year to continue designed programs. Ryguy Mau Muhammed, 1112 Caroline Street, Chairman of the Independent Green Party in Fredericksburg, spoke in regards the $5,500 for HIV/AIDS he felt there needed to be additional funding for that portion of the grant to support those with albinism. He said those with albinism have AIDS and he felt it should be a part of the grant. Resolution 14-60, Approved, Granting a Special Use Permit to Sandra R. Bundy for a Family Day Home on Property Located at 904 White Street, GPINs 7789-19-7706 and 7788-19-7709 (D14-294). – 2 speakers. After a brief staff overview Councilor Devine asked the ages of the kids that would be at the day home. Zoning Administrator Mr. Craig stated that the ages were an institutional requirement and the limit was 12 and the applicant could only have 5 under the age of 30 months. Mr. Johnston added that it derived from a building code that states, if you have more than 12 underage children (up to the age of 13) then it would be 18706 Public Hearing 08/12/14 considered an institutional building code category. Sandra Bundy, 904 White Street, stated that during the day when the kids are in school she would only have 2 or 3 kids and when the older ones come home some of the younger ones have already left, but she may have more than 5. She was requesting the special use permit because she could not have more than 5 kids without it. Ms. Bundy said she would never have 12 kids at one time. She also provided Council with the State requirements to review. Trakeisha Lane, spoke in support of the day home and stated that she had known Sandra Bundy for over 20 years and she was a very loving and nurturing person, she also noted that Ms. Bundy teaches the kids at her Family Day Home. As recommended Councilor Devine moved approval of Resolution 14-60, granting a special use permit to Sandra R. Bundy for a Family day home on property located at 904 White Street, GPINs 7789-19-7706 and 7788-19-7709; motion was seconded by Councilor Frye and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). Resolution 14-61, Approved, Granting a Special Use Permit to JFH-316 Bridgewater Street, LLC for a Retail Sales Establishment on Property Located at 316 Bridgewater Street, GPIN 7779-79-9690 (D14- 295). – 1 speaker. After a brief staff overview Councilor Devine asked whether this business was complimentary to another existing business in town. Zoning Administrator Mr. Craig said it was, but the other business would not be relocating. Jay Jarrell, 1311 Washington Avenue, operations manager, stated that his son runs the Tool Box store which buys and sells used tools. He said he takes the left overs 18707 Public Hearing 08/12/14 and sell them at an online auctions. He said there would not be many customers on site except for the auction preview day and the day of pick up. He said it would be a very low impact business. As recommended Councilor Kelly moved approval of Resolution 14-61, granting a special use permit to JFH-316 Bridgewater Street, LLC for a retail sales establishment on property located at 316 Bridgewater Street, GPIN 7779-79-9690; motion was seconded by Councilor Withers and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). Ordinance 14-31, First Read Approved, Vacating a Portion of the Amelia Street Right-of-Way for the Liberty Place Mixed Use Development (D14-296 thru D14-297). – 1 speaker. Staff gave a brief staff overview. Charlie Payne, with Hirschler Fleischer, 725 Jackson Street, representing the applicant, gave a brief PowerPoint overview showing the boundaries of the portion of property to be vacated. He said they were only requesting 0.04 acres for vacation, 10 feet across Amelia Street grassy area behind the trees. Councilor Kelly stated that because this project would involve city resources he would prefer to defer action until the City made the public aware of the money that would be spent on this project. Vice-Mayor Withers agreed that the public needed to be aware, but he was willing to pass the ordinance but add a condition tying the vacation to the plans that were submitted. Councilor Ellis also said he didn’t completely disagree with Councilor Kelly, but 18708 Public Hearing 08/12/14 he disagreed that the application presented involved spending tax payers money. He said there would be an opportunity to discuss the financial implications. He also asked if the vacation wasn’t approved would it negatively impact the project. Attorney Payne said it would impact, because the property is subject to a bankruptcy proceeding and they have it under contract and there is a time issue with closing on that property and getting approval of the SUP and the right-of-way is a condition in that process. Councilor Duffy asked for clarification on whether this vacation only applies to this project. Mr. Johnston stated that once the property is vacated, it’s vacated, whether it’s this project or another that’s placed there. City Attorney Dooley clarified citing the statue that authorizes Council to vacate a right-of-way which provides that “if the application is to accommodate a development that the governing body may condition vacation on the proposed expansion or development in a specified period of time.” She said the ordinance does not specify as well as it could, but she said if Council decided to approve the ordinance it could be amended to clarify. Mayor Greenlaw noted that the Public Works department considered this an improvement for the streets involved and she added that it would be required for any project on this property. As recommended Councilor Ellis moved approval on first read, Ordinance 14-31, vacating a portion of the Amelia Street right-of-way for the Liberty Place mixed use development, adding a condition “the development of the Liberty Place project, as shown on the Generalized Development Plan which shall commence within 36 months of the adoption of this ordinance; motion was seconded by Councilor Withers and passed by the 18709 Public Hearing 08/12/14 following recorded votes. Ayes (6). Councilors Greenlaw, Withers, Devine, Duffy, Ellis and Frye. Nays (1). Councilor Kelly. Suspension of the Rules. In order to place Ordinance 14-31 on for second read Councilor Ellis moved to suspend the rules; motion was seconded by Vice-Mayor Withers and passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Withers, Devine, Duffy, Ellis and Frye. Nays (1). Councilor Kelly. Ordinance 14-31, Second Read Approved, Vacating a Portion of the Amelia Street Right-of-Way for the Liberty Place Mixed Use Development (D14-296 thru D14-297). – Councilor Ellis moved approval on second read, Ordinance 14-31, vacating a portion of the Amelia Street right-of-way for the Liberty Place mixed use development as amended; motion was seconded by Councilor Devine and passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Withers, Devine, Duffy, Ellis and Frye. Nays (1). Councilor Kelly. Resolution 14-62, Approved, Granting a Special Use Permit to Free Lance-Star Publishing Co. of Fredericksburg, Virginia for Residential Density of 36 Units Per Acre for the “Liberty Place” Project on Property Located at 605 William Street (D14-298). – 1 speaker. After a staff overview Councilor Kelly asked if a study had been done on the build out of downtown and what the parking and infrastructure transportation needs would be to support all the new development in the downtown. Mr. Johnston noted that the focus for this project was the addition of the 17 additional units. He said he did not think the traffic from the additional 17 units would cause much of an impact. He said the applicant 18710 Public Hearing 08/12/14 was not close to pushing the density limit. Vice-Mayor Withers clarified that the driving area would be increased and Mr. Johnston said it would it would increase from 20.99 feet to 22.51 feet along Amelia Street. He also added that additional right-of-way would be dedicated on William and Douglas Streets to allow a better street flow. Winchester Street was also proposed to be changed to a two-way street. Vice-Mayor asked what some of the negative and positive comments were at the Planning Commission public hearing. Mr. Johnston summarized that those that were in closer proximity of the project were uncomfortable with having a 4 story apartment townhouse-office building next to them, but he said that was allowed in that zoning area. Councilor Frye stated he would like to see that the developer hiring people within the 22401 zip code. Councilor Devine asked if there were an increase in street trees on the generalized development plan and Mr. Johnston said it was. Charlie Payne, with Hirschler Fleischer, 725 Jackson Street, representing the applicant, noted that the applicant was located locally and many times hire local contractors. Mr. Payne presented a PowerPoint presentation overviewing the project. As recommended Councilor Ellis moved approval of Resolution 14-62, granting a special use permit to Free Lance-Star Publishing Co. of Fredericksburg, Virginia for residential density of 36 units per acre for the “Liberty Place” project on property located at 605 William Street; motion was seconded by Vice-Mayor Withers Councilor Kelly noted his concerns for the infrastructure in the downtown. He said the City needed to watch how it developed the downtown. He said the impacts 18711 Public Hearing 08/12/14 should be discussed as a full project and it was owed to the public. Vice-Mayor Withers said he understood the concerns of Councilor Kelly, but he said under the circumstances of the sale he would support and felt the citizens would understand going from $3 million property to a $45 million dollar property. Councilor Ellis stated this was a terrific example of a mixed use project and it increased density. This project will broaden the tax base. He also thanked the applicant and for addressing the traffic concerns. The motion passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Withers, Devine, Duffy, Ellis and Frye. Nays (1). Kelly. Adjournment. There being no speakers to come before the Council at this time, Mayor Greenlaw declared the hearing officially adjourned at 8:57 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 18712 Regular Session 08/12/14 CITY OF FREDERICKSBURG, VIRGINIA HON. MARY KATHERINE GREENLAW, MAYOR HON. WILLIAM C. WITHERS, JR., VICE -MAYOR, WARD TWO CITY COUNCIL HON. KERRY P. DEVINE, AT-LARGE HON. MATTHEW J. KELLY, AT-LARGE HON. BRADFORD C. ELLIS, WARD ONE HON. DR. TIMOTHY P. DUFFY, WARD THREE Council Chambers, 715 Princess Anne Street HON. CHARLIE L. FRYE, JR., WARD FOUR Fredericksburg, Virginia 22401 August 12, 2014 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, August 12, 2014, beginning at 7:30 p.m. in the Council Chambers of City Hall. City Council Present. Mayor Mary Katherine Greenlaw, Vice-Mayor William C. Withers, Jr. and Council members Kerry P. Devine, Dr. Timothy P. Duffy, Bradford C. Ellis, Charlie L. Frye, Jr. and Matthew J. Kelly. Also Present. City Manager Beverly Cameron, Assistant City Manager Mark Whitley, City Attorney Kathleen Dooley, Community Planning & Building Development Director Charles Johnston, Planning & Community Development Planner Hunter Snellings, Development Administrator and Code Enforcement Officer Marne Sherman, Zoning Administrator Michael Craig, Economic Development Director Karen Hedelt, Assistant Economic Development Director Bill Freehling, and Clerk of Council Tonya B. Lacey. Opening Prayer and Pledge of Allegiance. Council was led in prayer by Councilor Bradford C. Ellis 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. Citizen Comment. There were no speakers that participated in the citizen 18713 Regular Session 08/12/14 comment portion of this evening's meeting. Public Hearing Conducted (D14-293 thru D14-298). The regular session was recessed in order to conduct the scheduled public hearings and immediately reconvened upon their conclusion. Resolution 14-63, Approved, Approving a Technology Zone Performance Agreement with Cogent Solutions, Inc. (D14-321). Upon a motion Councilor Kelly moved to approve Resolution 14-63, approving a Technology Zone Performance Agreement with Cogent Solutions, Inc.; motion was seconded by Councilor Ellis and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). Council Agenda Presented. The following items were presented to Council. 7A. Baseball Update – Councilor Ellis Baseball Update. Councilor Kelly asked City Manager Cameron to give an update on the baseball project. Mr. Cameron stated that negotiations were completed last summer with Diamond Nation. The City and Diamond Nation reach a deal and a performance agreement was approved by City Council on first read in September of 2013. The team has done extensive work with the architects and construction advisors and they have determined that they have a sizable budget shortfall, approximately $18 million. Much of the shortfall is related to soil development on the National Slavery Museum property. Diamond Nation will not proceed with the project until the shortfall is eliminated. It was suggested that the City step forward and provide the $18 million. Last year the City agreed to provide $8 million for a parking facility and to return all the marginal tax revenues generated by the project, a preliminary value of $23 million over 20 18714 Regular Session 08/12/14 years. It has further been suggested, that the $18 million be derived from city issued bonds supported by a special service tax district comprised of all the taxable properties in Celebrate Virginia South and Central Park. A special service tax district levy in the amount of approximately $0.20 per $100 would be required to support the $18 million amount. The special service tax levy would be in addition to the real estate tax which is $0.79 per $100. The team has commissioned and Economic Impact Study prepared by Dr. Steven Fuller of George Mason University. The report concluded that the project does generate substantial economic and revenue benefits for the City and the core businesses in the City and the area around the stadium. Councilor Kelly said the deficit goes from $12 to $18 million and he has been looking at potential State support for the project. He said this was a large project that would have a significantly large revenue impact on the City in the long term. Councilor Kelly said people needed to understand that this region will double in population in the next 30 years and there will not be any concerns about this project getting support. Another point he made is that this project was going in an under developed area and it would impact potential development. An advantage with putting this stadium in the currently proposed location is that it would have parking to support it and it would support other projects in and around that area. Councilor Kelly said this could jump starts development in the Celebrate Virginia area. He discussed one of the options could be a special tax district in the area in the amount of $0.13 to $0.18. He noted that Spotsylvania has an average special tax amount of $0.35 on their projects. He said in the past the City had two special tax districts in Central Park area for transportation improvements that went as high as $0.24. He said having a special tax district would not put us out of 18715 Regular Session 08/12/14 competition with our neighboring counties. Councilor Kelly also added that with all the other developments that are similar to Central Park and Celebrate Virginia the City needed to find something to help jumpstart the redevelopment in the area and he feels this project would do that. Councilor Kelly proposed meeting with the team and putting a proposal together and he offered to be a part of the discussions and he would like to get the information out to the public as soon as possible. Councilor Ellis noted that this was an important project and that it would generate significant direct revenue for the City. He noted that the Dr. Fullers economic analysis estimate of $2.7 million was direct revenue to the City. He said this would be a 178 percent return on the investment over several years. He noted no projects of this size were being presented to the City. He said he doesn’t think the City should bridge the entire gap and there are many ways to address it. Some of the options he listed were: asking the developer to lower the price of the land, a special tax district, bond issue or a combination of all those options. Councilor Ellis also offered to be a part of the discussions. He said a project like this would differentiate the City. Councilor Withers asked if it were possible and if anyone had suggested to Diamond Nation to move to another site where the land was more level. Councilor Ellis stated that there were two sites that were possible for this project and this was the second of the two. Councilor Devine agreed that the site may need a fresh look and she said the City Manager did discuss the site limitations and concerns from the beginning, so she felt the site costs were not completely unknown. She hoped there was a way to bridge the gap, but said the City has really stepped up from the beginning. She said everyone would like 18716 Regular Session 08/12/14 to see the project move forward, but the City needs to understand the opportunity costs if the City were to move forward with this project. Councilor Devine said those opportunity costs are important. She noted that the more we build the more we need Fire Station III and to add capacity to our schools and funding this project is going to impact all that potential. She said she doesn’t mind meeting with Diamond Nation and maybe meeting in the middle, but she was not for automatically raising taxes and putting all those taxes towards this project. She complemented staff for doing an amazing job meeting the needs as the city knew them. Mayor Greenlaw stated that because the Council does not have the full information on this project and said a Council work session would be needed on August 26. Council Withers asked if there would be time to get an independent consultant to look at the numbers and let the Council know whether there were any downsides. City Manager Cameron said there would not be time for that. Mayor pointed out that Dr. Fuller is one of the highest respected analysis in the State. Councilor Kelly stated that at the August 26 meeting he would like to make a decision on whether to proceed. City Manager’s Consent Agenda Accepted for Transmittal as Recommended (D14-299 thru D14-314). Following review and as recommended, Councilor Kelly moved approval of the remaining City Manager's consent agenda item; motion was seconded by Councilor Devine and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). 18717 Regular Session 08/12/14 • Transmittal of the FRED Transit Progress Report – June 2014 (D14- 299). • Resolution 14-58, Second Read, Amending the Fiscal Year 2015 Budget to Appropriate Funding Related to the Fiscal Year VDOT Revenue Sharing Program (D14-300). • Transmitting Information Regarding Land Use Public Hearings – Applicant’s Presentation (D14-301). • Transmittal of Boards and Commission Minutes o Board of Social Services – June 12, 2014 (D14-302). o Economic Development Authority – June 9, 2014 (D14-303). o Planning Commission – June 11, 2014 (D14-304). o Planning Commission – June 25, 2014 (D14-305). o Planning Commission – July 9, 2014 (D14-306). o Potomac, Rappahannock Transportation Commission – June 5, 2014 (D14-307). o Public Transit Advisory Board – June 4, 2014 (D14-308). o Public Transit Advisory Board – July 9, 2014 (D14-309). o Recreation Commission – June 19, 2014 (D14-310). o Wetlands Board – October 24, 2013 (D14-311). o Wetlands Board – November 21, 2013 (D14-312). o Wetlands Board – January 23, 2014 (D14-313). o Wetlands Board – April 24, 2014 (D14-314). Adoption of Minutes (D14-315thru D14-317). Councilor Devine moved 18718 Regular Session 08/12/14 approval of the April 29, May 27 and June 10, 2014 Work Sessions, and the July 8, 2014 Regular Session minutes; motion was seconded by Councilor Kelly and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). Council Alternate Appointment to the Virginia Railway Express Operations Board – Vice-Mayor William C. Withers, Jr. (D14-318). Councilor Kelly moved to appoint Vice-Mayor William C. Withers, Jr. as the alternate appointment to the Virginia Railway Express Operations Board; motion was seconded by Councilor Devine and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). Memorials Commission Appointment – Paula Raudenbush (D14- 319).Councilor Kelly moved to appoint Paula Raudenbush to the Memorials Commission; motion was seconded by Councilor Withers and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). Appointments to the Fredericksburg Arts Commission (D12-320). After the recorded votes taken, Steven Cameli, Harvey Gold, Ellen Killough, Kimberly Leone and Preston Thayer were appointed to the Fredericksburg Arts Commission with a vote resulting between applicants Steve Cameli, Daniel Fong, Harvey Gold, Ellen Killough, Kimberly Leone, Ryguy Mau Muhammedd and Preston Thayer. Cameli (7) Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye, Kelly. Fong (3) Councilors Greenlaw, Frye, Kelly. Gold (7) Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye, Kelly. Killough (6) Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye. 18719 Regular Session 08/12/14 Leone (7) Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye, Kelly. Mauhammedd (0). Thayer (5) Councilors Withers, Devine, Duffy, Ellis, Kelly. Resolution 14-64, Approved, Authorizing the Issuance and Sale of its General Obligation Bond Refunding Bond, Series 2014 A and 2014 B in Aggregate Principle Amount Not to Exceed $13,750,000, and the Execution and Delivery of Certain Documents Prepared in Connection Therewith (D14-322). Upon a motion and as recommended Councilor Kelly moved to approve Resolution 14-64, authorizing the issuance and sale of its General Obligation Bond Refunding Bond, Series 2014 A and 2014 B in aggregate principle amount not to exceed $13,750,000, and the execution and delivery of certain documents prepared in connection therewith; motion was seconded by Councilor Devine and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). City Manager’s Report and Council Calendar (D14-323 thru D14- 324). 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: New Sandwich Invitational Kicks Off Summer Restaurant Week, Camp Crime Fighters 2014, Fredericksburg Regional Continuum of Care, New Applicant Tracking System – Phase II, VDOT Primary Extension Program, Grants Funds Community – Based Eligibility Worker Program and Rappahannock Regional Detention Center FY 2014 True-up Results. Adjournment. There being no further business to come before the Council at this time, Mayor Greenlaw declared the meeting officially adjourned at 9:55 p.m. 18720 Regular Session 08/12/14 Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 18721 Regular Session 08/12/14 [This page intentionally left blank.] 18722