City Council

Public Hearing 5/22/18 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 22, 2018 The Council of the City of Fredericksburg, Virginia, held a public hearing on Tuesday, May 22, 2018, beginning at 7:36 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, Planning and Building Development Director Charles Johnston, Zoning Administrator Michael Craig, Public Works Director David King, Parks, Recreation and Events Director Jane Shelhorse and Deputy Clerk of Council Brenda Martin. Notice of Public Hearings (D18-178). The Clerk read the notice of the public hearing as it appeared in the local newspaper, the purpose being to solicit citizen input. The Mayor was required to read a statement about the award of the franchise and to announce that one bid was received from Cox Wireless Access, LLC and asked if there were any other bids and then declared the bidding closed. Ordinance 18-09, First Read, Granting a Ten Year (with Three Options for Five Year Renewals Upon Mutual Agreement) Non-Exclusive 19955 Public Hearing 5/22/18 Franchise to Cox Wireless Access, LLC for Wireless Infrastructure in the Public Rights-of-Way (D18-178). 1 speaker. Mr. King gave a presentation about the Cox Wireless Access, LLC ("Cox") who approached City staff to inquire about obtaining permission to install small cell facilities in the City rights-of-way. Cox intends to install the facilities for use by one or more of the existing wireless carriers (Verizon, AT&T, T-Mobile, Sprint), rather than for Cox-branded wireless service. Cox's preference is to collocate their facilities on existing structures (poles). New structures may be installed if opportunities for collocation are not practically available. All facilities will be governed by the City's right-of-way use ordinance and design guidelines. Cox is applying for this franchise as a first step toward offering this service, and therefore has not yet identified specific locations or plans for City review. This will assist in one of our Council Priorities of being the fastest broadband city in Virginia. Eric Berry, Cox Access Wireless, LLC representative addressed various questions asked by members of Council. He stated they will install infrastructure according to current city guidelines and must go through the permitting process. Mr. King explained the city is in a good position for these type of infrastructure requests with the recent Ordinance guidelines Council put in place recently and City and Public Utilities Review Committee (CPURC) review. Harriett Rowe, 1238 Brent Street spoke about the importance of keeping natural alternatives for the appearance of the infrastructures. Councilor Kelly moved to approve Ordinance 18-09 on first read, granting a ten year (with three options for five year renewals upon mutual agreement) non-exclusive franchise to Cox Wireless Access, LLC for wireless infrastructure in the public rights-of-way; motion 19956 Public Hearing 5/22/18 was seconded by Councilor Ellis and passed by the following recorded vote. 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 8:03 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Brenda T. Martin Brenda T. Martin, Deputy Clerk of Council 19957 Public Hearing 5/22/18 [This page intentionally left blank.] 19958 Regular Session 5/22/18 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 22, 2018 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, May 22, 2018, 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, Director of Parks and Recreation and Events Jane Shelhorse, Public Works Director David King, Director of Community Planning and Building Development Charles Johnston, Zoning Administrator Michael Craig, Historic Resources Planner Kate Schwartz and Deputy Clerk of Council Brenda Martin. Opening Prayer and Pledge of Allegiance. Council was led in prayer by Councilor Matthew Kelly followed by the Pledge of Allegiance led by Mayor Mary Katherine Greenlaw. Officers Recognized. Mayor Greenlaw recognized the presence of the police officers at this evening’s meeting. Proclamation – Recognizing Linda Bailey for 24 Years of City Service (D18-177). Mayor Greenlaw presented a proclamation recognizing Linda Bailey, 19959 Regular Session 5/22/18 Nature Education Coordinator in her twenty-four years of service to Parks, Recreation and Public Facilities. Parks, Recreation and Events Director Jane Shelhorse joined Mayor Greenlaw in the proclamation presentation. Mrs. Bailey stated the honor was hers to serve the City and that she will miss the area greatly as she moves out of state. Public Hearings (D18-178). The regular session was recessed in order to conduct the scheduled public hearing and immediately reconvened upon their conclusion. Citizen Comment. The following speakers participated in the citizen comment portion of this evening’s meeting. Harriet Brooks Rowe, 1238 Brent Street, spoke about her attendance at the recent College Heights Civic Association meeting and heard the concerns of the amount of traffic coming through on Stafford Avenue to get to Cowan Boulevard. She had the following concerns: more fast food restaurants coming along Route 1, size and architecture of data centers, and preserving College Heights from commercial buildings creeping in. Frank Widic, 119 Caroline Street, spoke about the Alms House and the money offered to preserve the house and the precedent it sets for a house outside of the historic district. A member of Tree Fredericksburg asked him to speak about the removal of the trees along Parcel Street as needed for the movement of the house. Council Agenda Presented. The following item was presented to Council for discussion. 7A. Alms House – Councilor Duffy 7B. Unity Festival – Council Duffy Alms House (D18-179) – Councilor Duffy thanked staff and Mr. Littek for all the work they have done in exploring saving and moving the historic house. He stated it is 19960 Regular Session 5/22/18 one of the oldest houses in College Heights and has already been moved twice therefore it does not qualify for historic preservation grants or any tax credit programs. As a resident of College Heights he cares deeply about history preservation of neighborhoods, not just the oldest buildings in the historic district downtown. Dr. Duffy and members of the College Heights Civic Association reached out to the new owners of the property to see if they could provide some leniency to when they begin the construction of the parking lot which would mean demolishing or moving the house prior. They are firm with their deadline to begin the construction. Mr. Littek stated he is trying to do something good and make it work for everyone. The moving of the overhead lines from Dominion Power and Cox would be at an estimated cost of $34,500. Verizon initially wanted to require placing all the lines underground if they needed to be dropped down and charge $72,000. They are now willing to drop the lines down and only charge $38,000 but would require the tree trimming, some substantial trimming perhaps even some removal. With other costs such as tree and tree limb removal and the actual costs of the move of the house, the total estimated costs would total $148,300. Currently the staff recommendation is to authorize the use of $20,000 to offset the costs of relocation. Ms. Schwartz and Mr. King answered questions voiced by Council. Councilor Kelly thanked Dr. Duffy for trying to find a way to save this historic house. He stated it was important to save our history since it is uniquely ours. Councilor Frye echoed thanking Dr. Duffy and he will follow his lead on his recommendation since it is in his ward. Vice-Mayor Withers thanked Dr. Duffy and Mr. Littek for their work and asked Mr. Littek if the numbers would work for him to do the move. Mr. Littek said not with this amount of money it would take without more financial assistance. Vice-Mayor Withers is very concerned over the 19961 Regular Session 5/22/18 trimming of the trees and changing of the treescape of the street. Councilor Devine also thanked Dr. Duffy, Mr. Littek, staff and the Catholic diesis for allowing some extra time for exploring the saving of this house. She stated she is struggling with the saving of the house who’s historic integrity has somewhat been compromised versus saving the integrity of the neighborhood which would have trees greatly impacted. Mayor Greenlaw stated Councilor Devine said it well in regards to the integrity of the house which is already compromised and it is a difficult decision. She agrees the history in all of our neighborhoods are priceless and they each have their own character. This house has been significantly altered due to its various moves and therefore the history is lost for it. The fact that it does not qualify for historic preservation grants is what defines her decision the most. She thanked Mr. Littek for his kindness in trying to save the building but with the mounting costs and the tree impact to the neighborhood she can’t support this proposal. She acknowledged the amount of work that has gone into this effort by all involved. Dr. Duffy thanked Michael Spenser with the University of Mary Washington and noted that with the assistance of his students they have catalogued the building and made records of it. He thanked everyone again for considering this effort and he will not ask for any more exploration of this possibility. Special thanks to Mr. Littek for his consideration of attempting this move. Unity Festival – Dr. Duffy explained the upcoming festival to be held on June 23 the fields near the new Walker Grant Center. There will be a teen summit in the morning and a festival in the afternoon. This effort was sparked by the Boys and Girls Club as way to get to know each other better and embrace our diversities. The hope is that this will be an annual event. 19962 Regular Session 5/22/18 City Manager’s Consent Agenda Accepted for Transmittal as Recommended (D18-180 thru D18-187). Councilor Kelly moved approval of the City Manager’s consent agenda items; motion was seconded by Councilor Devine. It passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). • Ordinance 18-07, Second Read, Granting the Virginia Department of Transportation a Maintenance Easement Over the City Right-of-Way opposite 1424 and 1426 Preserve Lane. (D18-180). • Resolution 18-47, Authorizing City Manager to Execute a Funding Agreement for a Bicycle/Pedestrian Trail Project. (D18-181). • Resolution 18-48, Endorsing the Transit Development Plan for Fredericksburg Regional Transit. (D18-182). • Transmittal of Board and Commission Minutes o Economic Development Authority – April 9, 2018 (D18-183). o Fredericksburg Arts Commission – December 20, 2017 (D18-184). o Fredericksburg Arts Commission – January 31, 2018 (D18-184.1). o Fredericksburg Arts Commission – February 21, 2018 (D18-185). o Fredericksburg Arts Commission – March 28, 2018 (D18-186). o Fredericksburg Clean and Green Commission – April 2, 2018 (D18-187). Adoption of Minutes (D18-188 thru D18-190). Councilor Kelly moved approval of the February 27, 2018 Work Session, March 1, 2018 Work Session, March 13, 2018 Work Session, May 8, 2018 Public Hearing and May 8, 2018 Regular Session minutes; 19963 Regular Session 5/22/18 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). Reappointment to the Rappahannock Area Community Services Board (D18-191). Councilor Devine moved to reappoint Karen Kallay to the board; 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 Economic Development Authority – Mitzi Brown, Henry “Hap” Connors, Stacy Horne, Lynne Kennan, and Tim Liles (D18-192). The Mayor asked the Clerk to poll the Council for their choice of appointees. After the recorded votes were taken, Mitzi Brown and Henry “Hap” Connors were appointed to serve with a vote resulting between applicants Mitzi Brown, Henry “Hap” Connors, Stacy Horne, Lynne Kennan, and Tim Liles. Brown (6) Councilor Greenlaw, Withers, Devine, Duffy, Frye, Kelly. Connors (7). Councilor Greenlaw, Withers, Devine, Duffy, Ellis, Frye, Kelly. Horne (1) Councilor Ellis. Kennan (0) Liles (0). The Mayor thanked all the candidates for their willingness to serve. Ordinance 18-08, Second Read, Rezoning the Hylton Tract, Approximately 90 Acres of Land Between U.S. Route 3 and Cowan Boulevard, from R-2 and C-H to Planned Development Medical Center (D18-193). Mr. Craig gave a staff presentation for the item. He highlighted the one change in proffer number three. Mr. Freehling updated the council on a question posed before regarding the number of job. He stated there would be between 1,000 to 1,300 jobs 19964 Regular Session 5/22/18 available depending on the size of the veteran’s administration facility. He will provide further information as he gets it on the type of jobs. Vice-Mayor Withers made a motion to approve Ordinance 18-08, on Second Read, Rezoning the Hylton Tract, Approximately 90 Acres of Land Between U.S. Route 3 and Cowan Boulevard, from R-2 and C-H to Planned Development Medical Center; 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 18-49, First Read, Approving a Fiscal Year (FY) 2018 Budget Amendment Appropriating Funds in the Children’s Services Act Fund, the Social Services Fund and the Use of Contingency in the General Fund (D18-194). Budget Manager Jett introduced Social Services staff present to address any questions that may arise. She then gave a presentation on the budget item. The questions and topics discussed included the number of children in foster care, the impact of the opioid epidemic, the continued increase of private day placements and mandates, working with state legislators to regulate costs, the need of early childhood education on drug prevention since the city does not have a DARE program in the schools. Councilor Duffy made a motion to approve Resolution 18-49, First Read, Approving a Fiscal Year (FY) 2018 Budget Amendment Appropriating Funds in the Children’s Services Act Fund, the Social Services Fund and the Use of Contingency in the General Fund 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). Vice Mayor Withers made a motion to suspend the rules and have a second reading on the item, Councilor Devine seconded the motion and it was passed by the following 19965 Regular Session 5/22/18 recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). Vice Mayor Withers made a motion to approve Resolution 18-49, Second Read, Approving a Fiscal Year (FY) 2018 Budget Amendment Appropriating Funds in the Children’s Services Act Fund, the Social Services Fund and the Use of Contingency in the General Fund; motion was seconded by Council Devine and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). Resolution 18-50, First Read, Approving a Fiscal Year (FY) 2018 Budget Amendment Appropriating Funds in School Capital Funds (D18- 195 thru D18-195.2). Dr. Duffy made his disclosure statement stating he is the assistant principal at Walker Grant Middle School but he is able to participate in this transaction fairly, objectively and in the public interest. Councilor Frye also made a disclosure statement that his wife is employed by the city schools is able to participate in this transaction fairly, objectively and in the public interest. After a staff presentation by Budget Manager Jett, Vice Mayor Withers made a motion to approve Resolution 18-50, on First Read, Approving a Fiscal Year (FY) 2018 Budget Amendment Appropriating Funds in School Capital Funds; 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). Quarter-End Financial Results – Fiscal Year 2018 (July 1, 2017 – March 31, 2018) (D18-196). Fiscal Affairs Director Robinson gave a staff report on the 19966 Regular Session 5/22/18 first three quarters of FY18 and compared the first three quarters of FY15 – FY17 for comparison purposes. City Manager’s Report and Council Calendar (D18-197 thru D18- 198). City Manager Baroody reviewed the Manager’s report and Council Calendar. Activities highlighted on the report were as follows: VMLIP Risk Management Award, Annual Asphalt Rehabilitation Program Continues, Phase 1 Underway with International Coalition of Sites of Conscience in the City, Downtown Parking Updates on Facebook, Picnic in the Park, Jason Monroe Museum Loans City Two Paintings, and Fredericksburg Fallen Heroes Memorial. The Mayor highlighted the many Memorial Day events coming up over the weekend. Adjournment. There being no further business to come before the Council at this time, Mayor Greenlaw declared the meeting officially adjourned at 9:33 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Brenda T. Martin Brenda T. Martin, Deputy Clerk of Council 19967 Regular Session 5/22/18 [This page intentionally left blank.] 19968