City Council

Public Hearing 05/09/17 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 May 9, 2017 The Council of the City of Fredericksburg, Virginia, held a public hearing on Tuesday, May 9, 2017, beginning at 7:51 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, Fire Chief Eddie Allen, Deputy Fire Chief Mike Jones, Lieutenant Victor T. Podbielski, Community Planning and Building Development Director Charles Johnston, Development Administrator Marne Sherman, Community Development Planner Susanna Finn, Grant Budget Manager Deidre Jett, and Clerk of Council Tonya B. Lacey. Notice of Public Hearings (D17-172 thru D17-173). The Clerk read the notice of the public hearings as they appeared in the local newspaper, the purpose being to solicit citizen input. Ordinance 17-11, First Read Approved, Renewing a Lease With New Cingular Wireless PCS, LLC for Space on the Roof and Sixth Floor of 601 Caroline Street for the Operation of Telecommunications Equipment (D17-172). no speakers. After staff presentation Councilor Kelly made a 19651 Public Hearing 05/09/17 motion to approve Ordinance 17-11, on first read, renewing a lease with new Cingular Wireless PCS, LLC for space on the roof and sixth floor of 601 Caroline Street for the operation of telecommunications equipment; 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 17-12, First Read Approved, Amending Article 1 of the Unified Development Ordinance to Exempt Certain Common Public and Utility Structures From the UDO, or From the Minimum Yard Requirements, and Amending Article 8 of the Unified Development Ordinance to Add Definitions For These Structures (D17-173). no speakers. Staff gave a brief presentation and Councilor Kelly made a motion to approve Ordinance 17-12, on first read, amending Article 1 of the Unified Development Ordinance to exempt certain common public and utility structures from the UDO, or From the minimum yard requirements, and amending Article 8 of the Unified Development Ordinance to add definitions for these structures; 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 17-13, First Read Approved, Amending Article 2, “Administration,” of the Unified Development Ordinance to Clarify the Authority of the Zoning Administrator and Development Administrator, to Conform Processes to the Code Of Virginia and Applicable State Law, and to Make Technical Changes Throughout (D17-173). no speakers. 19652 Public Hearing 05/09/17 Councilor Kelly made a motion to approve Ordinance 17-13, on first read, amending Article 2, “Administration,” of the Unified Development Ordinance to clarify the authority of the Zoning Administrator and Development Administrator, to conform processes to the Code Of Virginia and applicable State Law, and to make technical changes throughout; 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). Adjournment. There being no more speakers to come before the Council at this time. Mayor Greenlaw declared the hearing officially adjourned at 8:07 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 19653 Public Hearing 05/09/17 [This page intentionally left blank.] 19654 Regular Session 05/09/17 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 May 9, 2017 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, May 9, 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, Fire Chief Eddie Allen, Deputy Fire Chief Mike Jones, Lieutenant Victor T. Podbielski, Community Planning and Building Development Director Charles Johnston, Development Administrator Marne Sherman, Community Development Planner Susanna Finn, Grant Budget Manager Deidre Jett, 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 Officer Amber Hoaglund at this evening’s meeting. Heart Safe Community Designation Presentation – Kevin Dillard, President of the Rappahannock Emergency Medical Services presented Mayor Greenlaw with 19655 Regular Session 05/09/17 the Virginia Heart Safe Community Designation. The City of Fredericksburg was only the third designated City/County to receive the designation through the hard work of the Fire Department. Mayor Greenlaw said the City was proud and honored to receive the designation and she said it was a result of a concerted efforts of the fire Department working in conjunction with the hospital and folks throughout the Community. Fire Chief Allen said it was all possible through the efforts of Sharon Allen, Mary Washington Healthcare; Jacob Parcell, Fredericksburg Rescue Squad; Victor Podbielski, Fredericksburg Fire Department; Fredericksburg Sheriff’s Department and Fredericksburg Police Department. Chief Allen presented everyone with a public safety challenge coin. Proclamation for Letter Carriers’ Stamp Out Hunger Food Drive (D17-170) – Mayor Greenlaw presented Food Drive Coordinator Paula Schenemann with a proclamation proclaiming May 13, 2017, as Letter Carriers’ Food Drive Day, and she asked for an abundance of community participation in this event. Proclamation for Marine Corps Historic Half Day (D17-171) – Mayor Greenlaw presented Rick Nealis, Marine Corps Marathon Director and Angela Anderson, Marine Corps Marathon Deputy Director with a proclamation celebrating the 10 year anniversary of the Historic Half and proclaiming Sunday, May 21, 2017, as Marine Corps Historic Half Day and she encouraged the citizens of the community to cheer, volunteer and welcome the thousands of participants and visitors to our City. Public Hearings (D17-172 thru D17-173). The regular session was recessed in order to conduct the scheduled public hearings and immediately reconvened upon their conclusion. 19656 Regular Session 05/09/17 Citizen Comment. There were no speakers participating in the citizen comment portion of this evening’s meeting. Council Agenda Presented. The following item was presented to Council for discussion. 7A. City Branding – Mayor Greenlaw City Branding (D17-174). – Mayor Greenlaw stated that the City Council had adopted a Vision, Desired Future States, and 35 priorities and number 21 calls for the completion of a gateway improvement study. Before that can happen a Citywide branding effort needed to be prioritized. The goal would be to create a unified design standard so that all City agencies/departments communicate similarly. This uniformity would create a more cohesive communication platform. In order to advance this work it was recommended that both the Economic Development Authority and Council appoint members to a subcommittee to work through this priority. The EDA approved Bob Carter and Tom Crimmins. Vice-Mayor Withers motioned to nominate Councilors Devine and Kelly to the Committee; motion was seconded by Councilor Ellis. Councilor Frye offered to be an alternate and Vice-Mayor Withers accepted that as part of his original motion; Councilor Ellis accepted and it was passed with the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). City Council Disclosures for Agenda Items 11B and 11C. – Councilor Duffy disclosed that he was employed by the Fredericksburg School System but he could participate fairly and objectively in the decision. 19657 Regular Session 05/09/17 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. City Manager’s Consent Agenda Accepted for Transmittal as Recommended (D17-175 thru D17-187). 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 17-04, Second Read, Increasing Fees for Zoning and Land Use Application and Plan Review (D17-175). • Ordinance 17-06, Second Read, Amending the Water and Sewer Fees, Rates, and Charges (D17-176). • Ordinance 17-07, Second Read, Increasing Fees for Fire Department Fireworks Permits and for Re-inspections; Removing Fees from the City Code and Consolidating them in this Ordinance (D17-177). • Resolution 17-33, Second Read, Amending the Schedule of Fees for Building Permits, Inspections, and Certificates in Accordance with City Code Section 18-43 (D17-178). • Ordinance 17-08, Second Read, Adopting a $25 Annual License Fee for Itinerant Merchants that Transact Business at Organized Events With No Umbrella License (D17-179). • Ordinance 17-09, Second Read, Exempting Certified Solar Energy Equipment, Facilities, and Devices from Local Taxation For a Period of Five Years (D17-180). 19658 Regular Session 05/09/17 • Resolution 17-36, Approving the 2017-2018 Community Development Block Grant Annual Action Plan (D17-181). • Resolution 17-37, Authorizing the City Manager to Execute a Change Order to the 2015 Contract for Caroline Street Water Line Improvements to Provide for Traffic Management in the Downtown Business District, Construction Delays Due to Weather and Underground Utility Coordination Efforts (D17-182). • Transmittal of the Third Quarter Financial Report – March 31, 2017 (D17-183). • Virginia Municipal League Policy Committee Nominations (D17-184). • Transmitting Board and Commission Minutes o Board of Social Services – February 9, 2017 (D17-185). o Recreation Commission – February 16, 2017 (D17-186). o Recreation Commission – March 16, 2017 (D17-187). Adoption of Minutes. Councilor Devine made a correction to the April 18 Public Hearing minutes stating she was not present. Councilor Devine moved approval of the April 11, April 18, and April 25, 2017 Public Hearings and April 11 and April 25, 2017 Regular Session minutes with the correction to the April 18 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). Appointment to the Quantico Innovation Center Board of Directors (D17-188). Vice-Mayor Withers moved to appoint Mayor Greenlaw to the Quantico Innovation Center Board of Directors; 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). 19659 Regular Session 05/09/17 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 (D17-189). Councilor Ellis moved to approve Ordinance 17-05, on second 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 and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). Resolution 17-34, First Read Approved, Appropriating Funds for Fiscal Year 2018 Beginning July 1, 2017 Through June 30, 2018 (D17-190). Councilor Duffy moved to approve Resolution 17-34, on second read, appropriating funds for Fiscal Year 2018 beginning July 1, 2017 through June 30, 2018; 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 17-38, Approved, Committing Unassigned General Fund Balance for Future Capital Projects and School Capital Projects (D17-191). After staff presentation, Councilor Ellis moved to approve Resolution 17-38, committing unassigned general fund balance for future capital projects and school capital projects; 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 17-39, Approved, Declaring Official Intent Regarding Reimbursement of Certain Expenditures from Proceeds of City Obligations (D17-192). After staff presentation, Councilor Duffy moved to approve 19660 Regular Session 05/09/17 Resolution 17-39, declaring official intent regarding reimbursement of certain expenditures from proceeds of city obligations; 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). Resolution 17-40, Approved, Authorizing the Use of $417,278 In Motor Fuels Taxes for the Virginia Railway Express and $36.500 for the Potomac & Rappahannock Transportation Commission for Fiscal Year 2018 (D17-193). After staff presentation, Councilor Kelly moved to approve Resolution 17-40, authorizing the use of $417,278 in motor fuels taxes for the Virginia Railway Express and $36.500 for the Potomac & Rappahannock Transportation Commission for Fiscal Year 2018; 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). City Manager’s Report and Council Calendar (D16-194 thru D16- 195). City Manager Baroody reviewed the Manager’s report and Council Calendar. Activities highlighted on the report were as follows: City Staff Support “Wounded Walkers”, Safe Sleep Campaign Fundraiser, Caroline Street Water Line Project, Police Department’s Annual Report, May is Adult/Elder Abuse Prevention Month, HEARTSafe City, Farmer’s Market Season Opens and Picnic in the Park Season Opens. Adjournment. There being no further business to come before the Council at this time, Mayor Greenlaw declared the meeting officially adjourned at 8:42 p.m. 19661 Regular Session 05/09/17 Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 19662