City Council

Regular Session 11/14/17 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 November 14, 2017 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, November 14, 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. (8:13) 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, Assistant City Attorney Robert Eckstrom, Planning and Building Development Director Charles Johnston, Development Administrator Marne Sherman, Police Chief David Nye, Economic Development Director Bill Freehling, Transportation Administrator Erik Nelson, Public Works Director David King 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. Proclamation Honoring Dr. Roy Gratz (D17-435). Mayor Greenlaw present Dr. Roy Gratz with a proclamation expressing her sincere appreciation for his 19823 Regular Session 11/14/17 outstanding service to the City of Fredericksburg while serving on the Planning Commission for 11 years. Dr. Gratz thanked the City for the recognition and stated that he had served 4 years on the Board of Zoning Appeals before serving on the Planning Commission. Proclamation for Small Business Saturday (D17-436). Mayor Greenlaw presented Main Street President D.D. Lecky and Vice-President April Peterson with a proclamation proclaiming November 25 as Small Business Saturday and she urged the residents of the community, and communities across the country, to support small businesses and merchants on Small Business Saturday and throughout the year. Ms. Lecky thanked the City for its support and she said the businesses would not be what they are without the City’s support. 5th Annual United Way Benefit Golf Tournament (D17-437) – Mayor Greenlaw announced that the 5th annual RUW golf tournament raised $17,739. The Golf tournaments have generated or $67,000 over the past five years. The proceeds are generated by sponsors and golfers. Mayor Greenlaw presented Janel Donohue the President of the Rappahannock United Way with a check in the amount of $17,739.59. Mayor Greenlaw thanked the tournament organizing committee and announced the date (June 11, 2018) of the Sixth Annual Golf tournament. Ms. Donohue said the best part of her job was seeing the collaboration of people coming together to give back to the community. She said the money would be put back into the community and she thanked the City for all its support. Citizen Comment. The following speakers participated in the citizen comment portion of this evening’s meeting. 19824 Regular Session 11/14/17 Beatrice Paolucci (D17-438) – 1500 Caroline Street, spoke as the Chairman of the Board of Social Services. Ms. Paolucci stated that on September 12 the Department underwent an Agency State review of Child Welfare Cases, which included child protective services, foster care, adoptions and adoptive family recruitment and training. There were 37 children in foster care, 8 children available for adoption and 40 approved foster families. Ms. Paolucci read a quote from the final report which read as follows: “Consultants inquired about how the agency has been so successful in maintaining their case contacts and documentations in OASIS. It was noted that they have experienced staff turnover and an increase in work responsibilities just as other agencies, but have been able to maintain their high level of documentation. Supervisors and staff agreed that it is an agency expectation that the documentation is completed thoroughly and in a timely manner. The agency workers also shared that they receive support from the management team. There is a sense of teamwork amongst the entire agency and they strive for excellence in their casework”. She asked the Council to congratulate Director Gallik and her entire team for an outstanding review. (See D17-438 for more information). Marcel Rotter (D17-439) – 115 Hawke Street, Chair of the University of Mary Washington Faculty Council spoke on behalf of the Council’s opposition to the proposed parking changes along College Avenue and in the College Heights and College Terrace neighborhoods. He stated that 50% of the residents had their own driveways and parking was always available along the street. Mr. Rotter said if the Council was willing to hand over whole streets for the sole use of adjacent property owners, then they should extend the same courtesy to UMW, the property owner along the east side of College Avenue. (See D17-39 for more information). 19825 Regular Session 11/14/17 Nabil Al-Tikriti – Stafford Resident and faculty of UMW, spoke in opposition of the proposed parking changes along College Avenue. He touch on the safety issues along Sunken Road. Mr. Al-Tikriti said this was discriminatory against the students and the employees at the university. Paul Fallon (D17-439.1) – 1813 Genther Lane, spoke in opposition of the parking ordinances that were proposed for the parking around the university. He asked the City to reconsider the proposed ordinances and to weigh whether the benefits for one group of residents merit a tremendous burden of cost and time on other residents, employees and students. (See D17-439.1 for more information). Dr. Roy Gratz (D17-440) – 1007 Albert Rennolds Drive, spoke in opposition of the parking in the City. Dr. Gratz said the installing of parking meters in the downtown and along College Avenue was shortsighted and bad planning. He also offered suggestions for employee parking in the downtown. Dr. Gratz said the proposed parking sends a message to the university staff and students that they are not wanted in the City. (See D17-440 for more information). Rupert Farley – 1305 Caroline Street, thanked the Council for tightening up on the sign ordinance but he felt other areas had been watered down. He listed four things that needed correcting: • Interior windows outlining, Mr. Farley would like this banned. • Exemption M – allows message changing LED anywhere in the City as long as they are behind glass. • Exemption E – Seasonal lighting allowed but there was no definition for seasonal • Costume Characters has been struck from the ordinance and may be allowed now. 19826 Regular Session 11/14/17 Mr. Farley asked the Council to make these changes. Council Agenda Presented. The following items were presented to Council for discussion. 7A. Mobile Home Taskforce Update – Councilor Duffy 7B. Unity Festival – Councilor Duffy 7C. Slave Auction Block Option A Update – Councilor Frye 7D. 4th Annual Gun Giveback – Councilor Frye 7E. Beulah Salisbury Drive – Councilor Kelly Mobile Home Taskforce Update – Councilor Duffy updated the Council on the relocating of those living in the mobile home park. It has been over a year and several events had been held and they have knocked on doors but there had not been much progress made. Councilor Duffy stated that because there was no end date for when they needed to be out of the mobile home park many are not motivated to move. He said they needed a deadline to get the residents motivated to relocate. Unity Festival – Councilor Duffy said he had participated in organizational meetings with Forest Parker, Director of the Boys and Girls Club. Mr. Parker, would like to hold a Unity Festival which he said would attract young people and adults to celebrate the connections the City has among the diverse groups within the City. This was a great opportunity to build community where a lot of those relations are breaking down. Beulah Salisbury Drive – Councilor Kelly announced that Virginia Department of Transportation (VDOT) would do an in house project and Fredericksburg Area Metropolitan Planning Organization (FAMPO) would be contributing funding, there were also proffered funds and VDOT would be contributing and this would total roughly 19827 Regular Session 11/14/17 $300,000. Councilor Kelly said this would only be a partial improvement to include turn lanes on Route 2 and 17 going south into the facility. He applauded VDOT and FAMPO for their efforts to get this project moving. He said they would continue to press to get the project completed. Vice-Mayor Withers said Spotsylvania may be interested in going in on this project so he suggest Councilor Kelly reach out to them. Councilor Frye said any work on Beulah Salisbury Drive would be greatly appreciated. Slave Auction Block Option A Update – Councilor Frye noted that he and the City Manager and the Mayor would be traveling to New York to discuss Option A to see how the City could better display the Slave Auction Block and to better tell the City’s story. Mayor Greenlaw said 50 percent engineering plans were being created for all four corners of the intersection. She noted that they would be going to New York to talk with the International Coalition of Sites of Conscience who have experience helping groups with issues of their past. There will be a community kickoff meeting, a final design process but on a parallel track they were trying to find out the best way to tell the City’s story. Councilor Frye added that the Walker-Grant and segregation stories would play a big role but he’s not sure how it would fit in. Mayor Greenlaw agreed that that was a great story that needed to be told. 4th Annual Gun Giveback – Councilor Frye announced that the 4th Annual Gun Giveback would be held December 9 from 10:00 a.m. to 2:00 p.m. at the Fredericksburg Police Headquarters. He said to date they had collected over 125 guns total. Councilor Frye said this year there would be no sponsor to donate to the local charities as they had in the past. Councilor Frye thanked Mrs. Doris Buffet for her support in the past. 19828 Regular Session 11/14/17 City Manager’s Consent Agenda Accepted for Transmittal as Recommended (D17-441 thru D17-452). 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). • Transmittal of FRED Transit First & Second Quarter 2017 Progress Reports (D17-441 thru D17-442). • Transmittal of Board and Commission Minutes o Architectural Review Board – July 10, 2017 (D17-443). o Architectural Review Board – August 14, 2017 (D17-444). o Architectural Review Board – September 11, 2017 (D17-445). o Cable Commission – January 19, 2017 (D17-446). o Clean and Green Commission – August 7, 2017 (D17-447). o Clean and Green Commission – September 11, 2017 (D17-448). o Economic Development Authority – September 11, 2017 (D17-449). o Fredericksburg School Board – May 1, 2017 (D17-450). o Fredericksburg School Board – June 5, 2017 (D17-451). o Recreation Commission – September 21, 2017 (D17-452). Adoption of Minutes. Councilor Ellis moved approval of the October 24 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). 19829 Regular Session 11/14/17 Appointments to the Memorials Advisory Commission (D17-453). Councilor Devine moved to appoint Betty Massey, Nancy Moore, Tina Morris and Michael Spencer to the Memorials Advisory Commission: 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 17-22, Second Read Approved, Repealing and Replacing the Sign Provisions of the Unified Development Ordinance (D17-454). Staff briefed the Council on the changes that were made to the ordinance. Councilor Kelly expressed his concerns with banning the variable message signs everywhere. He did not like the idea of banning them for everyone except the City and Schools. Councilor Ellis stated that after working with Main Street he would like to rescind his original amendment prohibiting any interior permanent lighting either by exposes tubing or strings of lights, wither outlining any part of a building or affixed to any architectural feature thereof. Councilor Ellis made a motion to approve Ordinance 17-22, on second read, repealing and replacing the sign provision of the Unified Development Ordinance and restoring the following language §72-59.3.M, “Any sign within a building, if the sign does not display animation, flashing or intermittent lights, or lights changing degrees of intensity, have message changes that are on less than an eight-second cycle, and if the sign is not in motion by any means, unless otherwise prohibited by Section 72-59”; motion was seconded by Vice- Mayor Withers and passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Withers, Devine, Duffy, Ellis and Frye. Nays (1). Councilor Kelly. 19830 Regular Session 11/14/17 Ordinance 17-31, Second Read Approved, Designating the Block Located Between William, Douglas, Amelia, and Winchester Streets (GPIN#7789-04-0822) as the “Liberty Place Development Project Area,” and Adopting Tax Increment Financing in this Area (D17-455 thru D17- 457). Mayor Greenlaw read a disclosure and disqualification statement saying that she was the executor of the estate of Wilson Greenlaw and the estate had a contract for the sale of land in Stafford County with the Wack Company. The land was not involved in the Liberty Place project, however, the pending sales contract may give rise to an appearance of impropriety, which would be avoided by recusal from the City Council actions on the foregoing transactions. Mayor Greenlaw stepped down and Vice- Mayor Withers presided for this portion of the meeting. After a brief staff overview Councilor Kelly expressed concerns with the incentive package. He stated that the City should have spoken with the developer of the property next door to see what type of parking package they could offer the City. Councilor Frye said the other developer had not submitted any information so it would be hard to discuss those options. City Manager Baroody said he has had long conversations but they had not submitted any plans. Councilor Duffy made a motion to approve Ordinance 17-31 on second read, designating the block located between William, Douglas, Amelia, and Winchester Streets (GPIN#7789-04-0822) as the “Liberty Place Development Project Area,” and adopting Tax Increment Financing in this area; motion was seconded by Councilor Devine and passed by 19831 Regular Session 11/14/17 the following recorded votes. Ayes (5). Councilors Withers, Devine, Duffy, Ellis and Frye. Nays (1). Councilor Kelly. Abstain (1). Mayor Greenlaw. Vice-Mayor Withers stepped down and Mayor Greenlaw began presiding the meeting again. Ordinance, First Read, Increasing Fines for Parking Overtime Violations (D17-458). This item was withdrawn for further discussion by the Parking Advisory Committee. Ordinance, First Read, Repealing Restrictions on Parking on Public Streets Near the University of Mary Washington Campus, by UMW Commuting and Resident Students (D17-459). This item was withdrawn for further discussion by the Parking Advisory Committee. Ordinance, First Read, Amending the Residential Permit Parking Program (D17-460). This item was withdrawn for further discussion by the Parking Advisory Committee. Resolution 17-92, Approved, Supporting Lafayette Boulevard Roundabout (D17-461). After a brief summary by staff Councilor Kelly made a motion to approve Resolution 17-92, supporting Lafayette Boulevard roundabout; 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 17-93, Approved, Supporting the Northbound Interstate- 95 Project by Virginia Department of Transportation (D17-462). After staff presentation Councilor Kelly made a motion to approve Resolution 17-93, supporting the 19832 Regular Session 11/14/17 Northbound Interstate-95 project by Virginia Department of Transportation; 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 17-94, Approved, Adopting the List of Streets to be Improved During the Fiscal Year 2018 Asphalt Rehabilitation Program (D17-463). After staff presentation Councilor Kelly made a motion to approve Resolution 17-94, adopting the list of streets to be improved during the Fiscal Year 2018 Asphalt Rehabilitation Program; 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). City Manager’s Report and Council Calendar (D17-464 thru D16- 465). City Manager Baroody reviewed the Manager’s report and Council Calendar. Activities highlighted on the report were as follows: City Emergency Operations Center Participates in Amateur Radio Drill, Public Works Training for Respirators, FREDericksburg Regional Transit Successfully Completes Triennial Review, Motts Run Family Campout, Volunteer Banquet and Extended Parking. Adjournment. There being no further business to come before the Council at this time, Mayor Greenlaw declared the meeting officially adjourned at 9:22 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 19833 Regular Session 11/14/17 [This page intentionally left blank.] 19834