City Council

Public Hearing 04/11/17 CITY OF FREDERICKSBURG, VIRGINIA HON. MARY KATHERINE GREENLAW, MAYOR CITY COUNCIL HON. WILLIAM C. WITHERS, JR., VICE -MAYOR, WARD TWO 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 April 11, 2017 The Council of the City of Fredericksburg, Virginia, held a public hearing on Tuesday, April 11, 2017, beginning at 7:31 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, Assistant City Manager Doug Fawcett, City Attorney Kathleen Dooley, Community Planning and Building Development Director Charles Johnston, Zoning Administrator Michael Craig, Economic Development Director Bill Freehling, Human Resources Director Robert Bell, Budget Manager Deidre Jett and Clerk of Council Tonya B. Lacey. Notice of Public Hearings (D17-117 thru D17-120). The Clerk read the notice of the public hearings as they appeared in the local newspaper, the purpose being to solicit citizen input. Resolution 17-25, Approved, Granting a Special Use Permit for a Telecommunications Tower in the Battlefield Industrial Park (D17-117 thru D17-118). 2 speakers. Zoning Administrator Craig presented a PowerPoint presentation discussing the background, the tower proposal, conformance to the 19619 Public Hearing 04/11/17 Comprehensive Plan, conformance to the Unified Development Ordinance (UDO) and staff recommendation. After staff presentation Vice-Mayor Withers expressed concerns with the number of antennas on the tower and Mr. Craig said they must conform to the plans and application that were submitted. Harold Bernadzikowski, applicant asked that the approval not be conditioned on what was shown in the picture with the application because some carriers use different types of antennas some are smaller and some are larger. He explained that what usually governs the capacity of the tower was the structure analysis when each carrier adds their antennas. Vice-Mayor Withers said he would like to approve a number and if any additional antennas were added that it would come back before the Council for approval. Mr. Bernadzikowski stated that they would not know how may antennas the structure could hold until a structural analysis was completed after each additional install. After some considerable discussion Mr. Bernadzikowski explained that the proposed location was selected after they did a search ring and it was determined that there was no service in that area. He said they tried to work out agreements with other land owners and this was the only land owner that they were able to work out an agreement with. Council expressed concerns with the tower possibly looking like the smoke stack tower which currently has a lot of antennas on it. There were concerns because the tower could be seen from the Mayfield subdivision. Council asked if the tower could be lower and Mr. Bernadzilowski explained that the provocation maps determine the height of the tower and it was determined that a 150 foot tower was needed in this location. Mr. Craig explained that this location was better than the suggested location listed in the Comprehensive Plan because it gave more of a buffer from the neighborhood. 19620 Public Hearing 04/11/17 Paul Milstead, 1350 Belman Road, owner of Milstead & Milstead, spoke against the tower being located on this site because he thought the area was wetlands. He also expressed concerns that the area was a small triangle and the land falls off on both sides. Mr. Milstead asked if there was a survey done for wildlife because there were a lot of animals in the area and Mr. Bernadzikowski said they evaluated the environmental features and endangered species but there were no concerns. Vice-Mayor Withers made a motion to approve Resolution 17-25, granting a special use permit for a telecommunications tower in the Battlefield Industrial Park; motion was seconded by Councilor Kelly and passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Withers, Devine, Duffy, Ellis and Kelly. Nays (1). Councilor Frye. Resolution 17-26, Approved, Amending the Unified Development Ordinance Article 6, “Nonconformities,” to Permit the Rebuilding of Existing Electric Power Transmission Lines (D17-119 thru D17-120). 2 speakers. Staff presented a PowerPoint presentation which covered transmission line 47, structure location, height, existing transmission lines and the UDO Text amendment. Hamilton Palmer, 1500 Caroline Street, stated that he requested the OSMOS surveys report from Virginia Dominion Power and he was denied he also said the City was denied the same report. Mr. Palmer said the City should be required to receive the report because it outlines unsafe infrastructure and deficiencies within the Virginia Dominion Power system. He also asked if the citizens should be taken out of the review process Les O’Donald, Line 47 Project Manager, said he heard the concerns of Mr. Palmer at the Planning Commission and his concerns seemed to be with all structures in the City. Mr. O’Donald said he spoke with the forestry supervisor and he said it had been over twenty (20) years since an application of OSMOS product was put on the poles and there had been 19621 Public Hearing 04/11/17 no residual chemical remaining. The Environmental Protection Agency recognizes this as solid waste product. He said they would be removing the poles and discarding them and putting up more weathered steel poles which would weather throughout the life of the pole. Councilor Kelly asked the staff if the City was refused the report and Mr. Craig said they had not asked for the report. Councilor Kelly made a motion to approve Ordinance 17-03, on first read, amending the Unified Development Ordinance Article 6, “Nonconformities,” to permit the rebuilding of existing electric power transmission lines; 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). Adjournment. There being no more speakers to come before the Council at this time. Mayor Greenlaw declared the hearing officially adjourned at 8:33 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 19622 Public Hearing 04/11/17 19623 Regular Session 04/11/17 CITY OF FREDERICKSBURG, VIRGINIA HON. MARY KATHERINE GREENLAW, MAYOR CITY COUNCIL HON. WILLIAM C. WITHERS, JR., VICE -MAYOR, WARD TWO 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 April 11, 2017 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, April 11, 2017, 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, Assistant City Manager Doug Fawcett, City Attorney Kathleen Dooley, Community Planning and Building Development Director Charles Johnston, Zoning Administrator Michael Craig, Economic Development Director Bill Freehling, Human Resources Director Robert Bell, Budget Manager Deidre Jett 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 Scott Worley at this evening’s meeting. Public Hearings (D17-117 thru D17-120). The regular session was recessed in order to conduct the scheduled public hearings and immediately reconvened upon their conclusion. 19623 Regular Session 04/11/17 Citizen Comment. The following speakers participated in the citizen comment portion of this evening’s meeting. Kevin Brown, 460 Riverside Drive, requested that the School Board/City Council budget work sessions be televised in the future because it is a large portion of the budget and it was important for the public to see. He thanked the City for the investment in the Heritage Trail he said it was a great asset and he estimated that 3,000 to 5,000 people use the trail a day. Mr. Brown suggested that maybe the City should wait on Riverfront Park to see what the outcome was from the area plan analysis. Anne Little, 726 William Street, thanked the City Council on the support of the Riverfront project. She said just as the trails have brought visitors to the City and provided an amazing amenity she believes the park will do the same. George Solley, 1303 Caroline Street, Thanked the Council and City Manager for continuing to move forward on the park. The development of the park had been ongoing for the past 10 years. The park was to be an integral part of the City bringing the City to the River, it was to create an amenity that would attract and serve the citizens and visitors of Fredericksburg. It would provide an outdoor entertainment venue and it was going to be a park that would respect and acknowledge the city’s historic context and celebrate the river in an environmentally friendly way. The Park would also stimulate economic development to the downtown. Mr. Solley stated that it was important to have different types of development to draw people downtown. He said the overwhelming public response to the trails would be a good indication of how the park would be received. Councilor Solley thanked the Council for moving forward with the Riverfront project plans. Hap Connors, 503 Hanover Street, thanked the Council for the revitalization of the City over the years and creating a city that was vibrant and welcoming. He also thanked the 19624 Regular Session 04/11/17 business leaders, artist and restaurant owners who supported the Council. The rebirth is bringing revenue to the City and he encouraged the Council to continue by going through with the plans for the park. He also suggested that maybe they could bring in private investors and he also promised to help find enhancement funds for the park. Council Agenda Presented. The following item was presented to Council for discussion. 7A. Original Walker-Grant – Councilor Frye 7B. Murder Free Fredericksburg – Councilor Frye Original Walker-Grant – Councilor Frye stated that the original Walker Grant building was an important building. He reviewed the history of the school and how it became the school for the African Americans. He said the black history of Fredericksburg was tied to this school. Councilor Frye said he would like to find a way to preserve the history in the City. This piece of property is important and he feels the School Board also has the responsibility of telling the story and he would like to see the preservation of this building moving forward. Councilor Duffy agreed that there needed to be renovations of the older building and he was hopeful that the momentum would continue after the work was completed on the annex building. He said the story does need to be told and this was a great opportunity to bring the community together. Mayor Greenlaw agreed this was a very important part of the City’s history and she said this building needed to be preserved and the history told. Councilor Devine said there are two issues telling the story and getting the building revitalized. She said the history needed to be told to the students because they do not know the history. 19625 Regular Session 04/11/17 Murder Free Fredericksburg – Councilor Frye reported that there had not been any homicides in the City although there had been reports of random shootings around the City. He also reminded residents that if they had a firearm that they would like to get rid of they could voluntarily turn them into the Fredericksburg Police Department. City Manager’s Consent Agenda Accepted for Transmittal as Recommended (D17-121 thru D17-123). Councilor Devine pulled Item 8A for discussion. Following review and as recommended Councilor Kelly moved approval of the City Manager’s consent agenda items; 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). • Transmitting Board and Commission Minutes o Fredericksburg Clean and Green Commission – March 6, 2017 (D17-122). o Planning Commission – March 15, 2017 (D17-123). Transmitting the Planning Commission Action Regarding the Comprehensive Plan Compliance Review for Proposed Public Parking Facility at 700 William Street (D16-121). Councilor Devine asked for clarity on the parking hours and whether people could park for an extended period of time. City Manager Baroody said that he was not putting restrictions on the parking. He said he was going to monitor the lot and see how things went and if he needed to, he would make changes. Councilor Devine moved to accept the Planning Commission’s action regarding the Comprehensive Plan Compliance Review for a proposed public parking facility at 700 William Street; motion was seconded by Councilor Kelly and passed by the following 19626 Regular Session 04/11/17 recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). Adoption of Minutes (D17-124). Councilor Devine moved approval of the February 14, 2017 Work Session and the March 28, 2017 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 17-26, Authorizing the City Manager to Execute a Contract for Administrative Services and Reinsurance to Anthem Blue Cross and Blue Shield (D17-125 thru D17-126). Staff presented a PowerPoint presentation recommending the award of contract to Anthem Blue Cross & Blue Shield. The current contract was with Cigna and through that contract the City offers three separate plans and the current expected medical including fees would be about $7,086,277. The staff requested proposals and received very competitive proposals from Anthem and Cigna in addition, the City requested a quote from the Local Choice program of the Commonwealth of Virginia which was also very competitive. In Addition, Mr. Whitley reviewed the plan comparison, the proposals and the transition costs. After staff presentation discussion ensued and Councilor Kelly moved to approve Resolution 17-26, authorizing the City Manager to execute a contract for administrative services and reinsurance to Anthem Blue Cross and Blue Shield with the understanding that the savings go toward full implementation on the pay and compensation plan; 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). 19627 Regular Session 04/11/17 Resolution 17-27, Approved, Setting the Personal Property Tax Relief Percentage for the 2017 Billing in Accordance with the Changes to the Personal Property Tax Relief Act of 1998 (D17-127). After a brief summary from staff Vice-Mayor Withers moved approval of Resolution 17-28, setting the personal property tax relief percentage for the 2017 billing in accordance with the changes to the Personal Property Tax Relief Act of 1998; 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 17-28, Approved, Final Vision, Desired Future States and Priorities (D17-128 thru D17-129). After a brief overview and some discussion Councilor Devine moved to approve Resolution 17-28 adopting vision, desired future states and priorities for 2017-2019; 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). Resolution 17-29, Approved, Authorizing the City Manager to Execute a Contract with Rhodeside and Harwell for the Development of Design Documents, Construction Documents and Other Services Necessary to Award of a Construction Contract for the Riverfront Park (D17-130 thru D17-132). After staff presented a PowerPoint presentation Councilor Devine moved to approve Resolution 17-29, authorizing the City Manager to execute a contract with Rhodeside and Harwell for the development of design documents, construction documents and other services necessary to award of a construction contract for the 19628 Regular Session 04/11/17 Riverfront Park; motion was seconded by Councilor Duffy. Discussion ensued and it was requested that the parking and restrooms be addressed. 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 (D16-133 thru D16- 134). Due to the late hour, City Manager Baroody did not review the Manager’s report and Council Calendar. Activities highlighted on the report were as follows: Neighborhood Small Area Plans Meeting, Elderly and Disabled Tax Relief Applications Due by May 1, Police Department Hosts Safety Class for Convenience Store Owners/Employees, April is National Child Abuse Prevention Month, New Fire Department Tow Vehicle in Use, Fire Stations Undergoing Improvements, Vote for Meet Me at the Park, Arbor Day Celebration, Little Library, Dog Easter Hunt and Earth Day. Adjournment. There being no further business to come before the Council at this time, Mayor Greenlaw declared the meeting officially adjourned at 10:22 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 19629 Regular Session 04/11/17 [This page intentionally left blank.] 19630