City Council

Public Hearing 04/25/17 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 25, 2017 The Council of the City of Fredericksburg, Virginia, held a public hearing on Tuesday, April 25, 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, Economic Development Director Bill Freehling, Community Planning and Building Development Director Charles Johnston, Zoning Administrator Michael Craig, Development Administrator Marne Sherman, Building Official John Schaeffer, Budget Manager Deidre Jett, Information Technology Director Suzanne Tills and Clerk of Council Tonya B. Lacey. Notice of Public Hearings (D17-144 thru D17-146). The Clerk read the notice of the public hearings as they appeared in the local newspaper, the purpose being to solicit citizen input. 2016 Proffer Reform Legislation (D17-144 thru D17-145). no speakers. Planning Director Johnston presented a PowerPoint presentation discussing the new Virginia Code section that limits proffers for residential uses and the new code containing provisions for when residential proffer limits do not apply. In the presentation, he also 19637 Public Hearing 04/25/17 discussed the Comprehensive Plan amendments: Revitalization, Mass Transit, Mixed-use appropriate areas and Zoning Districts and Floor Area Ratio. Mr. Johnston also discussed the amendments to the Unified Development Ordinance: Special User Permit review criteria, and the small area plan revitalization analysis. Councilor Kelly expressed his concerns with the State making decisions for the entire state that do not work in every jurisdiction as well as the fact that they could not give him an explanation of why they made the changes. He said if the State could not explain the reason for the changes he could not support it. Vice-Mayor Withers expressed his concern with the 3.0 FAR in the Princess Anne corridor near Carl’s Ice Cream and he wanted to discuss further. Vice-Mayor Withers moved to delay action until the May 23 meeting and a Council Work Session; 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. Ordinance 17-04, First Read Approved, Increasing Fees for Zoning and Land Use Application and Plan Review (D17-146). no speakers. Staff gave a brief presentation and Councilor Devine made a motion to approve Ordinance 17-04, on first read, increasing fees for zoning and land use application and plan review; 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). Adjournment. There being no more speakers to come before the Council at this time. Mayor Greenlaw declared the hearing officially adjourned at 8:09 p.m. 19638 Public Hearing 04/25/17 Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 19639 Public Hearing 04/25/17 [This page intentionally left blank.] 19640 Regular Session 04/25/17 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 25, 2017 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, April 25, 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, Economic Development Director Bill Freehling, Community Planning and Building Development Director Charles Johnston, Zoning Administrator Michael Craig, Development Administrator Marne Sherman, Building Official John Schaeffer, Budget Manager Deidre Jett, Information Technology Director Suzanne Tills 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. 19641 Regular Session 04/25/17 Small Business Week Proclamation (D17-142). Mayor Greenlaw presented Economic Development Director Freehling with a proclamation proclaiming April 30 through May 6 as Small Business Week. Mr. Freehling accepted the proclamation and thanks the Mayor and the Council for their support of Small Businesses. Municipal Clerks Week (D17-143). Mayor Greenlaw presented Clerk Lacey with a proclamation proclaiming the week of May 7 through May 13 as Municipal Clerks Week and further extended appreciation to the Clerk and to all Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent. Public Hearings (D17-144 thru D17-146). The regular session was recessed in order to conduct the scheduled public hearings and immediately reconvened upon their conclusion. Citizen Comment. The following speakers participated in the citizen comment portion of this evening’s meeting. Robert Courtnage, Fredericksburg Clean and Green Commission Chair, spoke in support of exempting certified solar energy equipment, facilities and devices form local taxation for a period of five years. He said solar was the fastest growing industry and he hoped the tax initiative would help to get people to invest in solar. Mr. Courtnage also announced the partnership between Greater Fredericksburg Habitat for Humanity, Grid Alternatives and the Clean & Green Commission. Grid Alternatives will work with Habitat for Humanity to place solar panels on the rooftops of Habitat for Humanity homes. 19642 Regular Session 04/25/17 Mr. Courtnage also spoke about the “Butts are Litter Too” Campaign and he encouraged businesses to contact public works for the “Butts are Litter Too” pails to place in front of their businesses. Richard Finklestein, Professor at University of Mary Washington, also the leader of the Executive Committee that has worked with the City and 300 stakeholders regarding the solar cause. Mr. Finkelstein thanked the Mayor and Council, City Manager, City Attorney for speaking in favor of the solar cause. He said there has been an interest among the residents and over 100 attended the solar sessions and a couple dozen have moved forward with solar. Mr. Finklestein explained that solar was a job creation and it out paces any other energy sector. This would position the City well to offer itself green friendly. Council Agenda Presented. The following item was presented to Council for discussion. 7A. Clean & Green Solar – Councilor Frye 7B. Hoemless Camps/Missing Persons – Councilor Frye Clean & Green Solar – Councilor Frye thanked Mr. Courtnage for the work on the solar cause. He said it was great to see one of the Boards and Commissions follow through on a plan. Councilor Frye also noted that when he met with Mr. Courtnage he informed him that people could get hands on training for solar installs. Homeless Camps/Missing Persons – Councilor Frye asked City Manager Baroody to schedule a work session to inform the Council about the homeless camps and what the rules are in the City for those homeless camps. He said he would like to know legally what the City was dealing with. He also wanted to know the process for dealing with missing persons. 19643 Regular Session 04/25/17 Councilor Kelly stated that the camps were not a new issue in the City and there had been ongoing discussions and he invited the Council to go on the next homeless count. He said if the homeless were to set up on private properties then the police would be involved but otherwise the City does not go looking for the camps. Councilor Kelly mentioned that in the past they had gone out and removed camps and that did not go over so well. Councilor Ellis said there was a problem in Ward 1 and he visited all the camp sites but said if you run them out they just move to another location. He said this was a difficult problem that needs a regional solution. City Manager’s Consent Agenda Accepted for Transmittal as Recommended (D17-147 thru D17-156). 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). • Ordinance 17-03, Second Read, Amending the Unified Development Ordinance Article 6, “Nonconformities,” to Permit the Rebuilding of Existing Electric Power Transmission Lines (D17-147). • Resolution 17-30, Amending the Parking Fee at the Sophia Street Parking Garage to Include a Category for City Vehicles and City Employees (D17-148). • Resolution 17-31, Releasing Prior Allocations of Motor Fuels Tax Funds for Various Projects (D17-149). • Resolution 17-32, Authorizing Use of $871,774 of Motor Fuels Tax Funds for Various Transportation Projects (D17-150). • Transmitting Board and Commission Minutes 19644 Regular Session 04/25/17 o Economic Development Authority – March 13, 2017 (D17-151). o Planning Commission – March 29, 2017 (D17-152). o Planning Commission Work Session – March 29, 2017 (D17-153). o Potomac & Rappahannock Transportation Commission – March 2, 2017 (D17-154). o Public Transit Advisory Board – December 7, 2016 (D17-155). o Public Transit Advisory Board – February 8, 2017 (D17-156). Appointment to the Germanna Community College Board – Teri McNally (D17-157). Councilor Devine moved to reappoint Teri McNally to the Germanna Community College 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). Ordinance 17-05, First Read Approved, Setting the Real Estate Tax Rate at $0.80 Per Every $100.00 of Assessed Value of Real Estate for Fiscal Year 2018 (D17-158). After Staff presentation Councilor Kelly moved to approve Ordinance 17-05, on first read, setting the real estate tax rate at $0.80 per every $100.00 of assessed value of real estate for Fiscal Year 2018; motion was seconded by Vice- Mayor Withers. Council expressed their thanks to staff for the work on the budget and Councilor Frye reminded the elderly of the tax relief program for those who qualify. The motion passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). 19645 Regular Session 04/25/17 Ordinance 17-06, First Read Approved, Amending the Water and Sewer Fees, Rates, and Charges (D17-159). After Staff presentation Councilor Kelly moved to approve Ordinance 17-06, on first read, amending the water and sewer fees, rates, and charges; 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). Ordinance 17-07, First Read Approved, Increasing Fees for Fire Department Fireworks Permits and for Reinspection; Removing Fees from the City Code and Consolidating them in this Ordinance (D17-160). After Staff presentation Councilor Kelly moved to approve Ordinance 17-07, on first read, increasing fees for Fire Department Fireworks Permits and for reinspection; removing fees from the City Code and consolidating them in this; 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 17-33, First Read Approved, Amending the Schedule of Fees for Building Permits, Inspections, and Certificates in Accordance with City Code Section 18-43 (D17-161). After a brief summary from staff, Councilor Kelly moved approval of Resolution 17-33, on first read, amending the schedule of fees for building permits, inspections, and certificates in accordance with City Code Section 18-43; 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). 19646 Regular Session 04/25/17 Resolution 17-34, First Read Approved, Appropriating Funds for Fiscal Year 2018 Beginning July 1, 2017 Through June 30, 2018 (D17-162). Councilor Duffy disclosed that he was employed by the Fredericksburg School System but he could participate fairly and objectively in the decision. Councilors Ellis and Frye disclosed that their spouses are employed by the Fredericksburg School System but they could participate fairly and objectively in the decision. After a brief from staff, Councilor Kelly moved to approve Resolution 17-34, on first read, appropriating funds for Fiscal Year 2018 beginning July 1, 2017 through June 30, 2018 as amended (page 2 of resolution, the regional agencies line would change to $1,624,359 and the contingency line would change to $498,620); 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). Ordinance 17-08, First Read Approved, Adopting a $25 Annual License Fee for Itinerant Merchants that Transact Business at Organized Events with No Umbrella License (D17-163). After staff presentation, Councilor Devine moved to approve Ordinance 17-08, on first read, adopting a $25 annual license fee for itinerant merchants that transact business at organized events with no umbrella license; 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). Ordinance 17-09, First Read Failed, Reducing the Concealed Weapons Permit Fee (D17-164). After staff presentation, Vice-Mayor Withers said he was not comfortable with lowering the fee for the concealed weapons permit when all other fees were being increased. 19647 Regular Session 04/25/17 Councilor Ellis stated that he requested staff review of the fees and they came back with a cost of $25 so he did not think residents should be paying more for something that cost less. Councilor Kelly agreed he said the City was approaching this fee as they do all fees. Councilor Frye stated that this would open the door for every fee in the City to be evaluated and he did not want to go down that path. Councilors Devine stated that this goes against what Councilor Frye and the Police were working to accomplish by trying to get guns off the streets. She did not think the fee was unreasonable. Councilor Duffy and Mayor Greenlaw were also in agreement with leaving the fee at the current rate. Councilor Ellis moved to approve Ordinance 17-09, on first read, reducing the concealed weapons permit fee; motion was seconded by Councilor Kelly and failed by the following recorded votes. Ayes (2). Councilors Ellis and Kelly. Nays (5). Greenlaw, Withers, Devine, Duffy and Frye. Ordinance 17-10, First Read Approved, Exempting Certified Solar Energy Equipment, Facilities, and Devices from Local Taxation for a Period of Five Years (D17-165). After staff presentation, Councilor Devine moved to approve Ordinance 17-10, on first read, exempting certified solar energy equipment, facilities, and devices from local taxation for a period of five years; 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 17-35, First Read Approved, Amending the Fiscal Year 2017 Budget by Using $113,000 of General Fund Contingency to Extend 19648 Regular Session 04/25/17 the City Fiber Communications Network (D17-166 thru D17-167). After staff presented a PowerPoint presentation, Councilor Kelly moved to approve Resolution 17-35, on first read, amending the Fiscal Year 2017 budget by using $113,000 of general fund contingency to extend the city fiber communications network; 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). Motion to Suspend the Rules. In order to place Resolution 17-35 on for second read Councilor Kelly moved to suspend the rules; 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 17-35, Second Read Approved, Amending the Fiscal Year 2017 Budget by Using $113,000 of General Fund Contingency to Extend the City Fiber Communications Network. Councilor Kelly moved to approve Resolution 17-35, on second read, amending the Fiscal Year 2017 budget by using $113,000 of general fund contingency to extend the city fiber communications network; 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). City Manager’s Report and Council Calendar (D16-168 thru D16- 169). City Manager Baroody reviewed the Manager’s report and Council Calendar. Activities highlighted on the report were as follows: Elderly and Disabled Tax Relief Applications Due by May 1, Earth Day This Saturday, Vote for Meet Me at the Park, Washington Avenue Mall, Arbor Day Celebration, Mother/Son Dance, Picnic in the Park, and Neighborhood Small Area Plans Meetings. 19649 Regular Session 04/25/17 Adjournment. There being no further business to come before the Council at this time, Mayor Greenlaw declared the meeting officially adjourned at 9:30 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 19650