City Council

Regular Session 06/14/16 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 June 14, 2016 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, June 14, 2016, 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 R. Cameron, Assistant City Manager Mark Whitley, City Attorney Kathleen Dooley, Budget Manager Deidre Jett, Planning Services Director Charles Johnston, Zoning Administrator Michael Craig 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 Nate Porter and Ethan Starke of Troop 49. Officer Recognized. Mayor Greenlaw recognized the presence of Officer Stu Butterfield at this evening’s meeting. Resolution 16-49, Approved, Commendation of City Manager Beverly R. Cameron on His Retirement (D16-229). Vice-Mayor Withers made a motion to approve Resolution 16-49, commendation of City Manager Beverly R. 19361 Regular Session 06/14/16 Cameron on his retirement; 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). Mayor Greenlaw read the resolution of Mr. Cameron’s accomplishments during his tenure with the City. Vice-Mayor Withers thanked Mr. Cameron for all of his help during his time on Council. Councilor Kelly said that Mr. Cameron was a great teacher to him and he is the Councilor he is because of Mr. Cameron’s teaching. He added that Mr. Cameron has always had the City’s interest at heart. Councilor Frye thanked Mr. Cameron for his help during his short time on Council and for his help with getting the gun giveback program started. Councilor Devine said in the 20 years she has known Mr. Cameron she has watched his steady hand and patient guiding principles. She said she loved his professionalism and she wished him and his family good, happy relaxing times. Councilor Duffy stated that he has always known Mr. Cameron’s reputation and after seeing him work, he earned a great admiration for him. Councilor Ellis stated that it had been a pleasure to work with Mr. Cameron and he said they did not always agree on things but he liked how Mr. Cameron would find a middle ground. He wished him the best. Mayor Greenlaw thanked MaryBeth Cameron for sharing Mr. Cameron with the City. She noted that the City had benefitted greatly and he has left the City in great 19362 Regular Session 06/14/16 financial shape for years to come. She said it has been an honor and privilege to serve with him. Mr. Cameron said it has been an honor to serve almost his entire public service career with the City. He said the achievements are a product of teamwork and he said he has worked with many great and talented employees. Mr. Cameron said he was humbled to have led such committed and hardworking employees over the past 7 years. He offered God’s blessings to City Council and the City of Fredericksburg. Citizen Comment. The following speaker participated in the citizen comment portion of this evening’s meeting. Ed Whalen, 1707 Princess Anne Street, spoke in regards to the planning study. He was concerned that this study could delay approvals needed with the power plant and the revitalization efforts in the Princess Anne corridor and the Mill District. He asked that the City continue to consider and vote upon subsequent phases that are critical to enabling his team to move forward with the planning already in progress. He said his efforts are in line with the comprehensive plan as well as other plans the City has had done in the past. He was concerned that the planning area studies would delay his project further. Mr. Whalen also said he would like to find a permanent home for the American Canoe Association in this process. He said this property near the Old Mill Park area would be a perfect location for the ACA and the University Row program. He discussed a possible land swap between the City and the ACA where the City would trade approximately 18 acres of riverfront property at Old Mill Park for the land the ACA owns in Celebrate VA to place it in land conservation. He said this ended his initiative before he had the chance to start. He offered a solution stating that according to the appraisal the 19363 Regular Session 06/14/16 City had done the land valued at $300,000 and he proposed to pay the City twenty-five percent more for the property to allow the ACA to sell the land they currently own to pay for a building on the river and he would donate property to the ACA at Old Mill Park. He said he would also provide a building site for University of Mary Washington Row Team to access the river. He said he had also spoken with Bill Micks about using the property for camping activities. Melissa Columbo, 418 Bunker Hill Street, spoke in opposition of the two port-a- potties that were located in Market Square. She said it was unacceptable to have them in the square because they were being frequented by the vagrants and homeless. She said they are also sleeping in the square and using the electricity to charge their phones. She felt they were defiling the area. She suggested putting the port-a-potties there only for events and having them removed after each event. Brook Farquhar, 117 Madison Avenue, also spoke in opposition of the port-a- potties. He said he also had photos from the nearby cameras showing how the vagrants defile the square. He said from an economic standpoint the City was losing by allowing these port-a-potties to be located in such a prominent spot. Council Agenda Presented. The following items were presented to Council for discussion. 7A. City Tree Plans (POSTPONED) – Councilor Devine 7B. Shootings in the City/Murder Free Fredericksburg – Councilor Frye 7C. Hazardous Materials Fires Notifications – Councilor Frye 7D. Midnight Madness 2016 – Councilor Frye 7E. Residential Parking on College Avenue – Councilor Kelly 19364 Regular Session 06/14/16 7F. Preservation Oversight Committee – Councilor Kelly 7G. Market Square – Councilor Kelly Shootings in the City/Murder Free Fredericksburg – Councilor Frye spoke on “Murder Free Fredericksburg” and reported that there had not been any senseless murders in the City this year. He was not happy to report that there had been two shooting in the last month and one was at the W.L. Harris Playground. He said other than near a school this was one of the worst places for a shooting to occur. Councilor Frye said he would be placing signs throughout the City saying “Stop the Violence, stop shooting, increase the peace and protect the future.” Hazardous Materials Fires Notifications – Councilor Frye stated there was a fire at Quarrels Petroleum is Spotsylvania County on Route 2. He added that Route 2 was surrounded by hazardous materials and he would like for those living in the area to be alerted if there are emergencies such as this happening. He said he had spoken with Fire Chief Eddie Allen and he would like to see if the City and the County’s alert systems could be connected because this was in the County and the City residents were not alerted. Councilor Kelly informed Council that the State has a new regulation requiring regional efforts on hazardous fire mitigations. He said the regional fire departments would be meeting on a regular basis to discuss this topic. He agreed that Route 2 was one of the biggest hazardous material locations. He said the first step would be to determine where the materials were and what type of materials there are. Midnight Madness 2016 – Councilor Frye thanked the media for reaching out on the Midnight Madness program. He reported that the program would be starting soon for City residents ages 11-17. There would be free bus rides and all the information 19365 Regular Session 06/14/16 can be found on the Parks and Recreations website. Councilor Frye thanked City Council for supporting the initiative and he thanked the Police Department, Parks and Recreations and the schools for their support as well. Residential Parking on College Avenue – Councilor Kelly reported that the residents along College Avenue have difficulty enjoying their homes because there was no parking because of the college students. They cannot have events at their homes because of this and Councilor Kelly thought it was time to look into permit parking along the residential side of College Avenue. Councilor Duffy was in support of looking into permit parking along the residential side of College Avenue because he said it was not only a problem during the school year but during the summer as well. Preservation Oversight Committee – Councilor Kelly stated that he had spoken with the City Attorney and the preservationist and they plan to bring the archeological ordinance to Council in the next few meetings to reestablish the taskforce to draft the ordinance. He said he would like put together a committee that would show the City once a year or so the high and low points. He would like this committee to consist of National Park Service, Historic Fredericksburg Foundation Inc. (HFFI) and a Preservationist from the University. Market Square – Councilor Kelly addressed the comments made by the public and stated that the biggest issue was that the Museum was shut down and the restrooms were not available therefore the port-a-potties were there to assist. He suggested that in the future the event organizers provide the port-a-potties and have them removed after the event was over. 19366 Regular Session 06/14/16 Councilor Devine said she would support that suggestion. Council asked that staff look into this and reevaluate the port-a-potties in Market Square. City Manager’s Consent Agenda Accepted for Transmittal as Recommended (D16-230 thru D16-246). Councilor Kelly pulled item 8B for further discussion and Councilor Duffy pulled item 8A for further discussion. Following review and as recommended Councilor Devine moved approval of the City Manager’s consent agenda items; motion was seconded by Councilor Kelly and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). • Resolution 16-51, Approved, Accepting Streets in the Vicinity of Mary Washington Hospital into the City Street System and Petitioning the Virginia Department of Transportation to Accept the Streets into the State Street System (D16-232 thru D16-233). • Transmittal of Boards and Commission Minutes o Cable Commission – September 17, 2015 (D16-234). o Cable Commission – November 19, 2015 (D16-235). o Cable Commission – January 21, 2016 (D16-236). o Cable Commission – March 17, 2106 (D16-237). o Clean and Green Commission – January 4, 2016 (D16-238). o Clean and Green Commission – February 8, 2016 (D16-239). o Clean and Green Commission – April 4, 2016 (D16-240). o Clean and Green Commission – May 2, 2016 (D16-241). 19367 Regular Session 06/14/16 o Clean and Green Sub-Committee Green – May 10, 2016 (D16-242). o Memorials Advisory Commission – November 18, 2015 (D16-243). o Memorials Advisory Commission – January 20, 2016 (D16-244) o Memorials Advisory Commission – March 16, 2016 (D16-245). o Potomac & Rappahannock Transportation Commission – May 5, 2016 (D16-246). Approving the Wall of Honor Nominations (D16-230). Councilor Duffy wanted to recognize the candidates that were nominated and they were as follows: Barbara Crookshanks, Charles Rowe, Ralph Smith and Gladys Todd. Councilor Duffy moved approved of the nominations; 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). Resolution 16-50, Approved, Authorizing the City Manager to Award a Planning Consultant Services Contract for Area Plans (D16- 231). Councilor Kelly asked staff to explain whether there would be a moratorium on future development in the City and he asked how this would affect future projects in the City. Mr. Johnston explained that there would not be any moratoriums placed on future developments. The area plans would very specific neighborhood and corridor specific plans. This would look at the current patterns and determine whether the City would like to continue those patterns moving forward. The existing rules would remain in place and would be applied by staff. The goal is to have the area plans wrapped up in a year. He explained that there may be an occasion where the Planning Commission or City Council may look at a project and say there may be a better way to do a project. 19368 Regular Session 06/14/16 Councilor Kelly made a motion to approve Resolution 16-50, authorizing the City Manager to award a planning consultant services contract for area plans; motion was seconded by Councilor Frye and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye, and Kelly. Nays (0). Adoption of Minutes (D16-247 Thru D16-248). Councilor Kelly moved approval of the April 12 & 26 Work Sessions and the May 24, 2016 Regular Session minutes; 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). Reappointment to Wetlands Board – Terrell Dorn (D16-249). Councilor Devine made a motion to reappoint Terrell Dorn to the Wetlands Board; motion was seconded by Vice-Mayor Withers and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye, and Kelly. Nays (0). Appointment to Recreation Commission – David Dorsey (D16- 250). Councilor Kelly made a motion to appoint David Dorsey to the Recreation Commission; motion was seconded by Councilor Duffy and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye, and Kelly. Nays (0). Resolution 16-52, Frist Read Approved, Amending Fiscal Year 2017 Budget by Increasing the Appropriations to the School Operating Fund by $141,368 (D16-251 thru D16-254). – Councilors Duffy and Devine disclosed that they were members of a business, profession, occupation or group of three 19369 Regular Session 06/14/16 or more members affected by the transaction, namely they are employees of the Fredericksburg Public School system. Councilors Frye and Ellis disclosed that their spouses are members of a business, profession, occupation or group of three or more members affected by the transaction, namely they are employees of the Fredericksburg Public School system. Councilor Kelly made a motion to approve Resolution 16-52 on first read, amending Fiscal Year 2017 budget by increasing the appropriations to the School Operating Fund by $141,368; 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). Resolution 16-53, Initiating an Amendment to the Official Zoning Map, as Amended by Ordinance 14-06, to Rezone Approximately 0.806 Acres of Land Adjacent to the Unbuilt Bakersfield Lane Right of Way, a Portion of Former Bragg Hill Parcel B-5, Identified as GPIN 7870-00- 3906, from R-12 to R-2 (D16-255 thru D16-256). After a brief presentation Councilor Kelly made a motion to approve Resolution 16-53, initiating an amendment to the official zoning map, as amended by Ordinance 14-06, to rezone approximately 0.806 acres of land adjacent to the unbuilt Bakersfield Lane right of way, a portion of former Bragg Hill Parcel B-5, identified as GPIN 7870-00-3906, from R-12 to R-2; motion was seconded by Vice-Mayor Withers and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). 19370 Regular Session 06/14/16 City Manager’s Report and Council Calendar (D16-257 thru D16- 258). 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: City Receives Twenty-Sixth Consecutive Financial Reporting Award, Sergeant Betsy Mason named Fraternal Order of Police Officer of the Year, the 2oth Anniversary of the Soap Box Derby, Dixon Pool is Now Open for the Season, Picnic in the Park, 25th Annual Kid’s Fishing Derby, Police Officers Share the Sweetness on National Donut Day, Property Maintenance Report for April 2016 and Building Construction Report for April 2016. 1016 Charles Street Lot – City Manager Cameron reported that the lot opened for public use and there were 42 parking spaces and 29 were for use by the public all the time the others were available after 6 p.m. and on weekends. Rappahannock United Way Golf Tournament – this was the 4th tournament there were 122 golfers and Mr. Cameron reported that he was sure they surpassed last year’s income $13,000. He thanked tournament Director Doug Fawcett, Chief Allen, Teresa Payne, Brenda Martin, Robert Bell and Donna Crump. Badges for Baseball – this event will be sponsored by Fire, Police and Sheriff Departments. It will be held at the Sunshine ball field June 20-24 for underprivileged kids in the 22401 zip code, from 9:00-12 noon. They expect over 100 kids. City Manager Transition – Mr. Cameron reported that he had been meeting with the newly appointed manager Tim Baroody for the past 8 weeks. He prepared detailed briefings on each City department and he had updated him on a range of issues that may come before Council over the next 6 months. 19371 Regular Session 06/14/16 Adjournment. There being no further business to come before the Council at this time, Mayor Greenlaw Declared the meeting officially adjourned at 8:54 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 19372