City Council

Public Hearing 10/09/18 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. JASON N. GRAHAM, 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 October 9, 2018 The Council of the City of Fredericksburg, Virginia, held a public hearing on Tuesday, October 9, 2018, beginning at 7:58 p.m. in the Council Chambers of City Hall. City Council Present. Mayor Mary Katherine Greenlaw, William C. Withers, Jr., Council members Kerry P. Devine, Dr. Timothy P. Duffy, Charlie L. Frye, Jr, Jason N. Graham 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, Budget Manager Deidre Jett, Director of Community Planning & Building Services Charles Johnston, Senior Planner Michael Craig, Building Official John Shaffer, Public Works Director David King, Director of Economic Development Bill Freehling, Business Development Manager Angela Freeman, Finance Director Robyn Shugart, and Clerk of Council Tonya B. Lacey. Notice of Public Hearings (D18-359 thru D18-360). The Clerk read the notice of the public hearings as they appeared in the local newspaper, the purpose being to solicit citizen input. Providing For Issuance and Sale of General Obligation Bonds of the City of Fredericksburg, Virginia, in an Amount Not to Exceed $17,000,000, and the Form, Details and Payment Thereof (D18-359). no 20067 Public Hearing 10/09/18 speakers. Budget Manager Jett presented the issuance and sale of General Obligation Bonds in an amount not to exceed $17,000,000. The bonds are scheduled to be issued in December 2018. The following are projects to be included: General Government Project – ambulance, College Terrace Storm Sewer, Enterprise Resource Planning software (ERP), Executive Plaza, Riverfront Park, Water System Improvements projects – College Terrace (lower College Heights) Water Line, Greenbrier Drive Water Main; Wastewater System Improvement projects – Caroline Street Sewer, College Terrace Sanitary Sewer, National Park Service (NPS)/Farrell Lane, Rolling Stock, Snowden Pump Station and Force Main. (For specifics on projects see D18-359). Councilor Kelly expressed concern with the improvements at the Executive Plaza building and with the Riverfront Park costs. Council voted on this item during the regular session. See the October 9, 2018, Regular Session Minutes for the vote. Ordinance 18-16, First Read, Defining, Permitting and Regulating Small Data Centers and Data Centers (D18-360). no speakers. After staff presentation Councilor Graham asked if the City could incentivize solar panels in the ordinance to encourage them. City Attorney Dooley said the building codes establishes the minimum standards for construction including energy systems for buildings and the City could not override that in the zoning regulations. She said there were tax reduction programs and they were continuing to study those, but she said they would not come through zoning regulations. Vice-Mayor Withers expressed concern that these data centers require less parking than other uses but said if the use changed there would not be much the City could do about requiring additional parking. He was concerned that the parking would filter into 20068 Public Hearing 10/09/18 neighborhoods. He said there needed to be a change in the ordinance that allowed the city to address parking when it goes from a low parking density usage and changes to a more intense parking density usage. Councilor Duffy asked that since data centers were fairly new was there any examples of these buildings being repurposed and Mr. Craig said he would have to look into it because the building he toured it was built for this use and he did not see how the building could be repurposed. Councilor Duffy made a motion to approve Ordinance 18-13, on first read, defining, permitting and regulating small data centers and data centers; motion was seconded by Vice- Mayor Withers and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Frye, Graham and Kelly. Nays (0). Adjourned. There being no more speakers to come before the Council at this time, Mayor Greenlaw declared the hearing officially adjourned at 8:19 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 20069 Public Hearing 10/09/18 [This page intentionally left blank.] 20070 Regular Session 10/09/18 WE’LL HAVE TO CITY OF FREDERICKSBURG, VHIRGINIA ON. 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. JASON N. GRAHAM, 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 October 9, 2018 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, October 9, 2018, beginning at 7:30 p.m. in the Council Chambers of City Hall. City Council Present. Mayor Mary Katherine Greenlaw, William C. Withers, Jr., Council members Kerry P. Devine, Dr. Timothy P. Duffy, Charlie L. Frye, Jr, Jason N. Graham 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, Budget Manager Deidre Jett, Director of Community Planning & Building Services Charles Johnston, Senior Planner Michael Craig, Building Official John Shaffer, Public Works Director David King, Director of Economic Development Bill Freehling, Business Development Manager Angela Freeman, Finance Director Robyn Shugart, and Clerk of Council Tonya B. Lacey. Opening Prayer and Pledge of Allegiance. Council was led in prayer by Councilor Charlie L. Frye followed by the Pledge of Allegiance led by Mayor Mary Katherine Greenlaw. Officer Recognized. Mayor Greenlaw recognized the presence of Officer Tedd Marrs at this evening’s meeting. 20071 Regular Session 10/09/18 Wall of Honor Ceremony – Nancy Moore, Chair of Memorials Advisory Commission. The Chair of the Memorials Advisory Commission Nancy Moore gave a brief overview of the wall of honor process and she gave a summary of Lemuel “Lem” Houston’s life and his many contributions to the Fredericksburg community. Commissioner Jervis Hairston presented Ms. Anne Rowe and recapped her contributions to the Fredericksburg community. Vice-Chair Michael Spencer revealed the names on the wall. The 2018 Wall of Honor honorees were Lemuel “Lem” W. Houston and Anne M. W. Rowe. Presentation of Proceeds of Sixth Annual United Way Benefit Golf Tournament to the Rappahannock United Way. – Assistant City Manager Fawcett announced that the sixth annual RUW golf tournament raised $12,853. The Golf tournaments have generated $77,175 over the past six years. The proceeds were generated by sponsors and golfers. Mayor Greenlaw presented Janel Donohue the President of the Rappahannock United Way with a check in the amount of $12,853. Mayor Greenlaw thanked the tournament’s organizing committee and announced the date of June 10, 2019, for the Seventh Annual Golf tournament. Ms. Donohue thanked the committee for their hard work and she said the money would be put back into the community to improve the lives of those within the community. Empowerhouse Update (D18-358). – Cathy Anderson, Executive Director and Paul Eakin, Board Member announced that October was National Domestic Violence Awareness Month and that Empowerhouse had been serving the community for 40 years. Mr. Eakin and Ms. Anderson shared a few expressions from four boys who attend their teen boys program. She said one-third of the 15 boys were court referred from juvenile based 20072 Regular Session 10/09/18 probation. They also highlighted initiatives and quantified services. See D18-358 for more information. Public Hearings (D18-359 thru D18-360). 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. Matt Good, 1301 College Avenue, University of Mary Washington President of Student Government and Adena Mobin, Chair of Community Relations. Mr. Good thanked Mayor Greenlaw for attending the recent Civic Action event. He told the Mayor it meant a lot to have her there to interact on issues. Mr. Good said they underwent a major change in their constitution and they were looking to get back in to good community relations with their neighbors. He came to thank the Council on all they’ve done and they look forward to working with the Council in Town and Gown. Ms. Mobin said she was excited to build a strong connection between the City and the students. Mayor Greenlaw thanked the students for coming and for inviting her to the Civic Event. She assured them that any of the Council would be willing to attend their events. Mayor Greenlaw also thanked them for making the wise choice to attend the University of Mary Washington. Council Agenda Presented. The following items were presented to Council for discussion. 7A. History Submissions – Councilor Frye 20073 Regular Session 10/09/18 7B. Public Works – Councilor Frye History Submissions. Councilor Frye stated that there was a void in African American history and there were many people in the City who had information that could be pertinent to the history. He told the public if they had information to contact any of the Council members and let them know. Mayor Greenlaw noted that there was a Heritage Center that does a good job of documenting information. Vice-Mayor Withers stated that the Heritage Center had reached out to Councilor Frye and they will make copies of any documents and make the information available to the public. Public Works. Councilor Frye took the opportunity to brag on the Public Works department. He spoke about the cut through traffic in Mayfield and he noted that Public Works had placed a sign at Airport and Lansdowne Road to prohibit left turns onto Lansdowne between 4:00 p.m. and 7:00 p.m. to try and deter the cut through traffic. He thanked Mr. Nelson for his help as well. Mr. Frye also thanked Ms. Beyer for being so responsive. City Manager’s Consent Agenda Accepted for Transmittal as Recommended (D18-361 thru D18-371). Councilor Kelly moved approval of the City Manager’s consent agenda items; motion was seconded by Councilor Devine and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Frye, Graham and Kelly. Nays (0). • Resolution 18-83, First Read, Approving a Fiscal Year (FY) 2019 Budget Amendment Appropriating Funds in the City Grants Fund for Public Safety Purposes (D18-361). 20074 Regular Session 10/09/18 • Resolution 18-84, Declaring the End of the Local Emergency for Hurricane Florence (D18-362). • Transmittal of Board and Commission Minutes o Clean & Green Commission – September 10, 2018 (18-363). o Historic Preservation Working Group – April 25, 2018 (18-364). o Historic Preservation Working Group – May 9, 2018 (18-365). o Historic Preservation Working Group – May 30, 2018 (18-366). o Memorials Commission – January 17, 2018 (18-367). o Memorials Commission – May 16, 2018 (18-368). o Planning Commission – February 14, 2018 (18-369). o Planning Commission – March 14, 2018 (18-370). o Planning Commission – June 13, 2018 (18-371). Adoption of Minutes (D18-372 thru D18-374). Councilor Kelly moved approval of the August 28, September 11 and September 25, 2018 Work Session Minutes and the September 25, 2018 Public Hearing and Regular Session Minutes; motion was seconded by Councilor Duffy and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Frye, Graham and Kelly. Nays (0). Ordinance 18-15, Second Read, Adopting the Criteria Described in the Virginia Uniform State Building Code and Statewide Fire Prevention Code as Qualifications for Membership on the Fredericksburg Board of Building Code Appeals and Fredericksburg Fire Prevention Appeals Board (D18-375). After staff review Vice-Mayor Withers apologized to Mr. Schaffer for a comment he made at the last meeting and after some considerable discussion on how to 20075 Regular Session 10/09/18 amend a section of the ordinance on membership Vice-Mayor Withers made a motion to approve Ordinance 18-15, on second read, adopting the criteria described in the Virginia Uniform State Building Code and Statewide Fire Prevention Code as qualifications for membership on the Fredericksburg Board of Building Code Appeals and Fredericksburg Fire Prevention Appeals Board with the exceptions of §10-213(B) he would like it to read “Member preference shall be given to City residents”; motion was seconded by Councilor Devine and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Frye, Graham and Kelly. Nays (0). Resolution 18-85, First Read, Approving a Fiscal Year (FY) 2019 Budget Amendment Appropriating Funds in the Wastewater Enterprise Fund and the Wastewater System Improvement Fund (D18-376). After staff review and a brief discussion, Councilor Kelly made a motion to approve Resolution 18-85, approving a Fiscal Year (FY) 2019 budget amendment appropriating funds in the Wastewater Enterprise Fund and the Wastewater System Improvement Fund; motion was seconded by Vice-Mayor Withers and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Frye, Graham and Kelly. Nays (0). Resolution 18-86, Authorizing the City Manager to Complete Design of the Riverfront Park, Prepare Contract Bid Documents, Advertise the Project for Construction Bids and Present a Recommendation for Contract Award (D18-377). Assistant City Manager Fawcett explained that the resolution was designed to authorize and direct the City Manager to perform task leading up to the recommendation to the City Council to award contract for the construction of the Riverfront Park. The actions he would be authorized to take are 20076 Regular Session 10/09/18 complete the design, preparation of the construction documents and solicit bids for construction, evaluate bids and bring the bids to City Council for contract award. He would also be directed to use all tools to bring the bids within the budget. Councilor Kelly stated that he has been getting questions from constituents why the park cost $5,000,000 and why was the City spending that in a floodway. He review a list of things that was supposed to happen before the park was build but he said now the City was moving forward without creating the parking, as well as, moving the people further away from the river. He also expressed concern that everything was being crammed in a much smaller space. Councilor Kelly said he would like more information on the needs of the schools before moving forward with the park. Vice-Mayor Withers said the parking issue had been addressed with the parking garage. He said the garage was under used and there was some space available there. City Manager Baroody said 90-100 can park in the garage today and with the current plan the park preserves about 55 spaces. He said the garage was a great alternative. On the weekend, in the garage, the number of available spaces increases to about 200 and after adding the commuter lot the number jumps to 264 spaces. He also reviewed the number of spaces available throughout other areas of the downtown. Mayor Greenlaw said the issue with parking was signage, wayfinding signs were needed and she said the City needed technology that would show where available parking was located (i.e. Parking App). Councilor Frye reviewed where the project started and where it has landed and he was in support of the changes. He was not in favor of having slavery stories told at the park. He said he recently received complaints regarding parking from Shiloh Old Site and he said they 20077 Regular Session 10/09/18 had a seat at the table but he was working on trying to see if it was possible not to hold events during the same time as church service. Councilor Devine said this project has been a goal for the City for decades and the City had been planning and working of this for years. She said the project was 90-percent complete and she believes this is the time to move. She said parking was always going to be an issue and she believes the City had addressed the parking. She said it was a council decision to focus on this area for the park. She also noted that there was a lack of restrooms and that was also addressed in the plans. Councilor Devine spoke about the comments made on the $5 million dollars that could be spent on education and she noted that not all education occurs in the classroom. She is a huge proponent to play and the connectivity to nature for kids. She stated that there were studies that say kids who play outside are better analytical thinkers, problem solvers and that interaction with peers was a critical life skill. Ms. Devine said the park was designed to be an economic driver as an investment in the community. The park would be an economic driver that spur economic development, attract more homebuyers and businesses. This park would allow a place for employees to walk and sit during their lunch. Councilor Devine also said the park would bring a sense of community and pride. The park could be a beacon of change for the community. Councilor Devine said downtown parks were known to promote social health, generate jobs and social growth. Councilor Duffy echoed the comments of Devine, Withers and Frye and said it would helped to bring the development the City wanted. He thanked the many people who had helped and participated in everything. 20078 Regular Session 10/09/18 Councilor Kelly said he did not disagree with all the comments, but he said it was an issue of what was being put in the park. He strongly disagreed with the meadow. Mayor Greenlaw spoke about other localities that have used their riverfronts well and had benefited and succeeded from using them well. She said one of the city’s greatest deficits was not using the riverfront. The greatest advantage was that this park was a gathering spot and it was going to be a huge advantage to the City. Mayor Greenlaw said it had a huge amount of support for it. She said she was grateful for those who spent so much time working on this project. Councilor Devine made a motion to approve Resolution 18-86, authorizing the City Manager to complete design of the Riverfront Park, prepare contract bid documents, advertise the project for construction bids and present a recommendation for contract award; motion was seconded by Councilor Duffy. Councilor Frye said the events held at the park needed to be more diverse. He said if the City wanted the park to be used by everyone there needed to be more diverse events especially if the city’s tax dollars are at use. The motion passed by the following recorded votes. Ayes (5). Councilors Greenlaw, Withers, Devine, Duffy, and Frye. Nays (2). Councilors Graham and Kelly. Ordinance 18-17, First Read, Providing For Issuance and Sale of General Obligation Bonds of the City of Fredericksburg, Virginia, in an Amount Not to Exceed $17,000,000, and the Form, Details and Payment Thereof (D18-359). Councilor Duffy made a motion to approve Ordinance 18-17, on first read, providing for issuance and sale of General Obligation Bonds of the City of Fredericksburg, Virginia, in an amount not to exceed $17,000,000, and the form, details and 20079 Regular Session 10/09/18 payment thereof; motion was seconded by Vice-Mayor Withers and passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Withers, Devine, Duffy, Frye and Graham. Nays (1). Councilor Kelly. City Manager’s Report and Council Calendar (D18-378 thru D18- 379). City Manager Baroody reviewed the Manager’s report and Council Calendar. Activities highlighted on the report were as follows: Fredericksburg Hosts Mass Casualty Incident Training, Phase 3 Community Collaboration Meetings, Neighborhood Planning, Police Department Goes Code Pink for Breast Cancer Awareness Month, New Nature Based Mindfulness Classes, Day of Opportunity Event Held, Kathmandu Sister City Delegation Visit Fredericksburg and Virginia Museum of Fine Arts Launches Artmobile Exhibit in Fredericksburg. Closed Meeting Approved (D18-380). Upon a motion Councilor Duffy, moved approval of a closed session under Virginia Freedom of Information Act Section 2.2- 3711 (A)(8) for consultation with the City Attorney for legal advice regarding the proposed Multi-purpose Stadium Definitive Agreement and associated legal instruments; motion was seconded by Councilor Devine and passed by the following recorded votes. Ayes (7) Councilors Greenlaw, Withers, Devine, Duffy, Frye, Graham and Kelly. Nays (0). Return to Open Meeting Approved. Upon the motion of Councilor Duffy seconded by Councilor Devine and passed by the following recorded votes, Council approved a return to an open meeting. Ayes (7) Councilors Greenlaw, Withers, Devine, Duffy, Frye, Graham and Kelly. Nays (0). Resolution 18-87, Approved, Certifying Closed Meeting. Upon the motion Councilor Duffy approved Resolution 18-87 certifying the closed meeting; seconded 20080 Regular Session 10/09/18 by Councilor Devine and passed by the following recorded votes. Ayes (7) Councilors Greenlaw, Withers, Devine, Duffy, Frye, Graham and Kelly. Nays (0). Adjournment. There being no further business to come before the Council at this time, Mayor Greenlaw declared the meeting officially adjourned at 10:59 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 20081 Regular Session 10/09/18 [This page intentionally left blank.] 20082