City Council

Public Hearing 09/13/16 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 September 13, 2016 The Council of the City of Fredericksburg, Virginia, held a public hearing on Tuesday, September 13, 2016, beginning at 8:08 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 Timothy J. Baroody, Assistant City Manager Mark Whitley, City Attorney Kathleen Dooley, Public Works Director Doug Fawcett, Community Planning and Building Development Director Charles Johnston, Development Administrator Marne Sherman, Interim Economic Development Director Bill Freehling and Clerk of Council Tonya B. Lacey. Notice of Public Hearings (D16-355). The Clerk read the notice of the public hearings as they appeared in the local newspaper, the purpose being to solicit citizen input. Implementation of 2015-2016 Community Development Block Grant Programs for the Consolidated Annual Performance and Evaluation Report (CAPER) (D16-355). 1 speaker. Ms. Finn stated that each 19435 Public Hearing 09/13/16 year the City submits a Consolidated Annual Performance Evaluation Report (CAPER) to the U. S. Department of Housing and Urban Development in order to meet federal guidelines under the Community Development Block Grant (CDBG) Programs. The purpose of the public hearing was to offer the public the chance to provide feedback on the execution of the CDBG programs during 2015-2016. In addition to the public hearing staff contacted neighborhood associations, civic groups, and interested parties to solicit public input. A summary of the CAPER appeared in the Free Lance-Star on August 30, 2016. This notice opened the public comment period. The final report will be brought back to City Council on September 27 for final approval. Councilor Kelly asked that due to the housing development that was purchased and is planned to be redeveloped if the City had programs available for the tenants if and when they may have to move out. He said he would like the City to be prepared and have everything in place. Ms. Finn said through the City the most applicable program would be the homeowner’s assistance program. She also said the Lend-a-Hand program also offered one-time assistance with rent and utilities which could help with the start-up fees and initial down payments. She also noted that the staff was working with the tenants to see what their needs were and they would be bringing resources to them in October to try and get them into a more stable situation before the deadline hits. Councilor Duffy thanked staff for their work on this and she also noted the City Manager Baroody was also working on this. Ryguy Mau Muhammed, 1112 Caroline Street, suggested using the grant monies for a youth music program to help the children. Adjournment. There being no more speakers to come before the Council at 19436 Public Hearing 09/13/16 this time. Mayor Greenlaw declared the hearing officially adjourned at 8:19 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 19437 Public Hearing 09/13/16 19438 Public Hearing 09/13/16 [This page intentionally left blank.] 19439 Regular Session 09/13/16 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 September 13, 2016 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, September 13, 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 Timothy J. Baroody, Assistant City Manager Mark Whitley, City Attorney Kathleen Dooley, Public Works Director Doug Fawcett, Community Planning and Building Development Director Charles Johnston, Development Administrator Marne Sherman, Interim 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 Matthew J. Kelly followed by the Pledge of Allegiance led by Mayor Mary Katherine Greenlaw. Officer Recognized. Mayor Greenlaw recognized the presence of Stuart Butterfield at this evening’s meeting. 19439 Regular Session 09/13/16 Presentation of Proceeds of the 4th Annual United Way Benefit Golf Tournament – Janel Donohue, United Way President. Mayor Greenlaw presented Ms. Donohue with a check for the Rappahannock United Way in the amount of $16,100 from the City’s 4th Annual Golf Tournament. Ms. Donohue thanked the City on behalf of the Board for such a generous donation and she said it would be used in the community for those in need. Public Works Director Fawcett also the Chair of the golf tournament introduced the members of the committee. The committee consisted of Lesley Sale (Graphics), Robert Bell (Human Resources), Chief Eddie Allen (Fire), Brenda Martin (City Manager’s Office), Becky Lane (RUW), Donna Crump (City Manager’s Office) and Teresa Payne (Fire). Mr. Fawcett said there were 122 participants, 15 percent more than the year prior and the money raised was also up 15 percent. He said the goal was to increase both each year. In the past four years they have raised $46,000 for RUW. Arts Commission Public Art Presentation (D16-354). A member of the Arts Commission Preston Thayer gave an introductory of the public art sculptures for the City. The Arts Commission took on the project of bringing public sculpture to the City. The Commission received support from Parks and Recreation, Tourism and financial support from the Economic Development Authority. The art sculptures will be placed in the gateways of the City: Princess Anne and Route 1, Old Mill Park and Heritage Trail, Frederick and Caroline Streets and Dixon Park. There were several entries and four were selected. The selected artists were from Connecticut, North Carolina, New York and Charlottesville. The art sculptures will be temporarily displayed for a year and new sculptures will replace them. (See D16-354 for more information). 19440 Regular Session 09/13/16 Hazel Hill Gas Issues – Robert Innes, Columbia Gas. Mr. Innes said they have been working with the owners of Hazel Hill to replace and takeover the ownership and maintenance of the natural gas lines that serve the apartments. They have 600 of the 3,200 feet installed and they were working near the office area and the apartments that surround the office. They have met with the residents to explain the process and they will continue to update them throughout the process. Mr. Innes said he would continue to keep City Council updated as well as staff. Councilor Frye thanked Mr. Innes for coming and sharing the update. He also thanked staff for stepping up and taking care of things. He said this incident was a reality check for how underprivileged people were being treated. He said it is frustrating that this issue went this far. He said he was not blaming the gas company because it was not their issue it was a Hazel Hill owner’s issue that was supposed to be taken care of years ago. Mayor Greenlaw said it was important to let people know that the gas lines were owned by the complex and it was unfortunate that the residents went as long as they did without heat. She thanked Columbia Gas for moving forward with the repairs. Mr. Innes informed the Council that once they install the lines it would be Columbia Gas’ responsibility to make sure nothing like this happens again. Vice-Mayor Withers asked what the chances were that the lines in the buildings had deficiencies. Mr. Innes stated that the City was working with the building owners on that end. He also explained that Columbia gas currently serves the gas up to a single master meter and beyond that there were underground lines that distributed to the apartments and those lines were owned by the current owner of the apartments. He said 19441 Regular Session 09/13/16 they were called in to locate a safety issue last spring and because of safety issues the gas company would not put gas back into the line. He said they will remove the master meter and they would install meters to each of the individual buildings. He said they told the owners that they would need to make sure the internal piping’s were in good shape and the City was working with them on that. Councilor Devine reminded citizens the City did not know about this problem for 8 days and she said if there was a problem like this please let the City know and the City will try to help facilitate the fix. CSX Track Project Update – Randy Marcus. Mr. Marcus stated that several months ago he had spoken to Council about CSX’s plans to build a sidetrack at the south end of the Fredericksburg yard. He reported that CSX was committed to being a positive partner in ever town and City they are located in and they planned to get the work done as soon as possible. He said they have finalized the design and engineering plans, as well as agreements with Virginia Department of Rail and Public Transportation (DRPT) who will be contributing a significant amount of money for this project, they have ordered signals and construction will start soon thereafter. Once the sidetrack is complete there will be empty tank cars sitting there waiting to be transported back to Richmond. Councilor Frye thanked Mr. Marcus for his work on this project. He said this had been an ongoing issue with the tankers being stored on the track and it was a hazard to Mayfield as well as the entire City. Mr. Frye also addressed the bridges in the City and he said he had pictures to send showing the exposed rebar. He said he would like the other bridges repaired like the one repaired on Princess Anne Street. Mr. Marcus said the 19442 Regular Session 09/13/16 Charles Street overpass was just inspected and it was determined to be structurally sound. They have put in a request to get a facelift for it and they were working to get it scheduled. Councilor Kelly noted that there were drainage issues on the track and he said it would make more sense to address the drainage problem as opposed to giving it a facelift. He said the City does not own the station and in 2010 there were discussion on coming up with a master plan but they would need CSX’s support. He said he would like to have a meeting of the minds to come up with a master plan agreement. Public Hearings Conducted (D16-355). The regular session was recessed in order to conduct the scheduled public hearings and immediately reconvened upon their conclusion. Citizen Comment. The following speaker participated in the citizen comment portion of this evening’s meeting. Tina Morris, 1711 Franklin Street, spoke in regards to the noise ordinance. She said she attempted to use it and it did not work. She said the noise ordinance needed to be made clearer on the website and the citizens needed to understand it. James Streets, 100 Princess Anne Street, Mr. Streets is a resident of the Hazel Hill Apartments community and he thanked Mayor Greenlaw and Councilor Frye for their help over the winter when they had no heat and hot water. Council Agenda Presented. The following items were presented to Council for discussion. 7A. Midnight Madness Update – Councilor Frye Midnight Madness Update – Councilor Frye thanked the City Council and staff for their support of the Midnight Madness program. The program was a success with 19443 Regular Session 09/13/16 the collaboration of the police department, schools and parks and recreation department. Councilor Frye said he would bring a more detailed update once he was done studying the crime rates during the time of the midnight madness program. City Manager’s Consent Agenda Accepted for Transmittal as Recommended (D16-356 thru D16-362). Following review and as recommended Councilor Kelly moved approval of the City Manager’s consent agenda items; 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). • Transmittal of the FRED Transit Report – 2nd Quarter April, May, June 2016 (D16-356). • Ordinance 16-23, Second Read, Granting a Fifteen-Year Non-Exclusive License to Extenet Systems, Inc. to Install, Maintain, and Use Telecommunication Cable and Equipment in City Rights-of-Way (D16-357). • Resolution 16-76, Second Read, Amending the Fiscal Year 2016 Budget for Final Adjustments (D16-358). • Resolution 16-79, Amending the Fiscal Year 2017 Budget for the City Grants Fund for Police Department Programs (D16-359). • Resolution 16-80, Authorizing the City Manager to Execute a License Agreement with the Estate of Dr. Martin Luther King, Jr. Related to the Naming of the Fall Hill Avenue Bridge over Interstate 95 the “Dr. Martin Luther King, Jr. Memorial Bridge”(D16-360). • Transmittal of Recommended Comprehensive Plan Amendments Related to New Proffer Legislation (D16-361). 19444 Regular Session 09/13/16 • Proposing the Cancellation of October 11, 2016 Council Meeting (D16-362). Adoption of Minutes (D16-363 thru D16-365). Councilor Devine moved approval of the July 12, August 9, August 23, 2016 Work Sessions and the August 23, 2016 Public Hearing and Regular Session minutes; 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 16-81, Amending the Fiscal Year 2017 Budget for the Social Services Fund for a Vehicle Replacement (D16-366). – After staff presentation Councilor Kelly made a motion to approve Resolution 16-81, on first read, amending the Fiscal Year 2017 budget for the Social Services fund for a vehicle replacement; 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). Resolution 16-82, Initiating a Unified Development Ordinance Text Amendment to Change the Regulations of Fences in all Zoning Districts, Including Changes in the Definitions of Required Yards (D16- 368). – After staff presentation Councilor Kelly made a motion to approve Resolution 16-82, initiating a Unified Development Ordinance text amendment to change the regulations of fences in all zoning districts, including changes in the definitions of required yards; 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). 19445 Regular Session 09/13/16 Planning Services Director Johnston reminded Council of the area planning meetings that were going to be held for the public on Monday, September 19 at 7:30 p.m. at the Idlewild Clubhouse for Area 3 and on September 20 at 7:30 p.m. at James Monroe High School for Area 6. Resolution 16-83, Approving a Settlement Agreement for NBB, LLC to Provide for the Potential Settlement of Litigation (D16-369-D16- 370). – City Attorney Dooley gave an overview of the proposed settlement agreement between the City Council and NBB, LLC. This agreement was a little different from a typical settlement agreement this agreement was more like a roadmap. The agreement showed how the parties together could reach a final settlement of their lawsuits and it offered assurances that both sides needed in order to work together towards a successful outcome. The roadmaps to a final agreement would include City Council holding a public hearing on the proposed certificate of appropriateness (COA) for the revised plans. If the Council approved the COA and the incentive agreement, then the parties would dismiss the pending litigation. The second potential path is if the Council was not able to approve the revised plans, then the parties would resume litigation activities. The public hearing is scheduled for September 27 and Council can take action at the October 25 or the November 8 meeting or a special meeting could be scheduled if that is required. The roadmap ends on November 8 this would allow time for Council and the applicant to work together after the public hearing. The other Council action that was a contingent was an incentive for the mixed use project. The incentive would be for the rehabilitation of the National Bank Building 19446 Regular Session 09/13/16 where the investor invested over a million dollars into that building and when the residential units are approved there would be a mixed used redevelopment project. The Economic Development Authority approved the agreement on September 12. The incentives would come for approval after the COA is approved. The proposed resolution authorizes the City Attorney to execute the settlement agreement on behalf of City Council and directs staff to implement the terms of the agreement. Councilor Kelly said the action the council took in regards to this project was the right decision to make for maintaining the character of the City. He said Mr. Adams should also be recognized for his exemplary job with the renovations of the bank building. He also thanked Mr. Adams for meeting many of the requests Council made in bringing the building back into compliance. Councilor Kelly noted that in regards to the incentives the City had a tax abatement program for renovations of historic buildings downtown and Mr. Adams would have qualified for and it would have lasted 10 years and this was a basis for the number that the Council was looking at for the incentives. Councilor Kelly made a motion to approve Resolution 16-83, approving a settlement agreement for NBB, LLC to provide for the potential settlement of litigation; motion was seconded by Vice-Mayor Withers. Councilor Ellis said the project had come a long way and he thanked the City Manager and the City Attorney for going to the settlement talks. He also thanked City Manager Baroody for discussing the process and for working on improving the process. Councilor Duffy agreed with Councilor Kelly and he thanked everyone for their work on this project. 19447 Regular Session 09/13/16 Mayor Greenlaw agreed the process was difficult but it turned out well. She thanked everyone and said this was good resolution for the community. The motion 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 (D16-371 thru D16- 372). City Manager Baroody reviewed the Manager’s report and Council Calendar. Activities highlighted on the report were as follows: National Bank Stairs Relocated, Naming of the Pool, Picnic in the Park, Motts Reservoir Fishing Pier Repair, Parks and Recreation’s Fall Program Brochure, Officers Donate their Hair to Children with Hair Loss, Fredericksburg Police Department Welcomes New Patrol Officers and New Communications Officer, Midnight Madness, and Building Statistics. Adjournment. There being no further business to come before the Council at this time, Mayor Greenlaw Declared the meeting officially adjourned at 8:55 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 19448 Regular Session 09/13/16 19449