City Council

Public Hearing 10/23/18 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 23, 2018 The Council of the City of Fredericksburg, Virginia, held a public hearing on Tuesday, October 23, 2018, beginning at 7:47 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, Traffic Administrator Erik Nelson, Director of Economic Development Bill Freehling, and Clerk of Council Tonya B. Lacey. Notice of Public Hearings (D18-383 thru D18-384.1). The Clerk read the notice of the public hearings as they appeared in the local newspaper, the purpose being to solicit citizen input. Comprehensive Plan Amendment – The City of Fredericksburg proposes to amend Chapter 3 Transportation, Chapter 4 Public Facilities, and Chapter 11 Land Use Plan to establish the vision for a public/private use stadium in Land Use Planning Area 1 (D18-383 thru 20083 Public Hearing 10/23/18 D18-383.1). no speakers. Senior Planner Craig presented a PowerPoint presentation and in his presentation he discussed the proposed changes in Chapter 4: Public Services, Public Facilities and Preserved Open Space; Chapter 3: Transportation; Chapter 10: Land Use Plan and Chapter 11: Land Use Planning Area 1. He also reviewed the Planning Commission public hearing and recommendation and he reviewed staff’s recommendation to take action at the October 30 meeitng. See D18-383.1 for more information. The City of Fredericksburg requests the vacation of a portion of the Carl D. Silver Parkway Right-of-Way Between Haymarket Street (the Northern Entrance to the Expo Center) and the Northern Property Line of GPIN 7860-60-7626 (D18-384 thru D18-384.1). Granting a Special Use Permit to Celebrate Virginia South, LLC; CVAS Parkway, LLC; and CVAS Expo Center, LLC; for a Stadium Use at GPIN 7860-70-3653, GPIN 7769-57-9159, GPIN 7860-80-0703, GPIN 7769-79-5783, and GPIN 7860-60-7626 in Celebrate Virginia South (D18- 384 thru D18-384.1). One speaker. These two public hearings were heard together. Senior Planner Craig presented a PowerPoint and he discussed the existing conditions, proposed use and potential impacts, Carl D. Silver Parkway extended, Planning Commissions discussion and comments and recommendation. See D18-384.1 for more information. Vice-Mayor Withers asked for an explanation on the shared parking and how it would work given that they would need 70 for home games and the City gets 183 days. Mr. Craig said they would have to work it out. 20084 Public Hearing 10/23/18 Councilor Graham asked about the trail and Mr. Craig explained that it would be on one side of the roadway. He also asked if the team had mentioned the parking requirements were not necessary and whether they thought they could get away with less parking. Mr. Craig said he had not heard that from the team. Councilor Frye asked what the sound projections were going towards Central Park townhomes. Mr. Craig said there was an open area in the stadium design and they have decibel limits at the property lines. Mr. Peter Kirk, consultant for Potomac Nationals stated that ballparks are used to being in downtown locations with residences around them so they were designing the field so that sound at any property line was no more than 70 decibels. Lani Weiss, President of the Potomac Nationals thanked the Council for having them. Harriett Rowe, 1238 Brent Street, spoke on the landscape and noise. She said if there were going to be wall put up to help with the noise she wanted to be sure they landscaped them so the noise would not bounce off the walls. She also questioned whether the team was speaking about decibel A’s or decibel B’s because that would make a difference in the sound. Councilor Kelly also noted that due to the work on Interstate 95 there would be sound walls and that would be an additional barrier for the noise. Adjourned. There being no more speakers to come before the Council at this time, Mayor Greenlaw declared the hearing officially adjourned at 8:16 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 20085 Public Hearing 10/23/18 [This page intentionally left blank.] 20086 Regular Session 10/23/18 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 23, 2018 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, October 23, 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, Traffic Administrator Erik Nelson, Director of Economic Development Bill Freehling, 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 Scott Worley at this evening’s meeting. Proclamation on Red Ribbon Campaign (D18-381). – Mayor Greenlaw read a proclamation proclaiming October 23-31, 2018 as Red Ribbon week. She encouraged 20087 Regular Session 10/23/18 all citizens to participate in drug prevention education activities, not only during Red Ribbon Week, but all year long, making a visible statement that we are strongly committed to a drug- free City. Proclamation for Women’s Entrepreneurship Day (D18-382). – Mayor Greenlaw presented a proclamation to Dr. Ann Troung and Quincy Young proclaiming November 19, 2018 as a day in honor of Women’s Entrepreneurship Day Organization Incorporated. Dr. Troung thanked Mayor Greenlaw and the Council for supporting women’s businesses. Public Hearings (D18-383 thru D18-384.1). 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. Charlyn Jackson-Fields, President of Fredericksburg Branch of NAACP, said she represented more than 142 members and on September 24 they submitted a letter to Council regarding the slave auction block and the findings and recommendations by the NAACP. She said the findings and recommendations were based on continued community input, increased awareness and interest in the slave auction block, based on the International Coalition of Sites of Conscience findings in the Phase I report, based on discussions held September 11, 2018 meeting and based on the ongoing involvement of the slave auction block committee, they identified the following findings: the space was not adequate to tell the complete story of slavery and African American history of Fredericksburg, expansion at the present location may have a negative impact on local businesses, leaving the slave auction 20088 Regular Session 10/23/18 block in the present location was polarizing and African Americans are rarely included in public history materials. Ms. Jackson-Fields said their recommendations were that the NAACP position statement dated September 18, 2017 be reaffirmed, the report of the slave auction block committee be included in the Coalition Phase II report, they requested the City reconsider its position and the NAACP’s involvement and remove the block from its current location so that a complete and authentic story of African Americans could be told. Judy Love, 2216 Caroline Street, Apt 214, said she recently moved here, but she was passionate about the slave auction block. She said it hurts her to walk by it and she encouraged the Council to consider the NAACP concerns more than others concerns. Council Agenda Presented. The following items were presented to Council for discussion. 7A. African American History – Councilor Frye African American History. Councilor Frye stated that since last year’s decision and vote the Council agreed to the process that was taking place regarding African American history. He said conversations have been going on for the past year and the door has been opened for continued conversations. Councilor Frye said he was pleased with what was happening. He said those who felt they had no voice are now speaking up. He said the City took a leadership stance on how to move forward and he said he was looking forward to seeing the story of Fredericksburg being told in the history books. Mayor Greenlaw stated that another series (Phase III) of community meetings were being held at the Central Rappahannock Regional Library this week. Gaye Abdegbalola spoke out stating that they had received an email from International Coalition of Sites of Conscience that the meetings were cancelled. Mayor 20089 Regular Session 10/23/18 Greenlaw and City Manager Baroody both said the meetings had not been cancelled but they would look into it and they requested Ms. Abdegbalola send the emails to them. City Manager’s Consent Agenda Accepted for Transmittal as Recommended (D18-385 thru D18-403). Vice-Mayor Withers pulled item 8F for discussion. Councilor Kelly moved approval of the City Manager’s consent agenda items pulling item 8F; 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, Second Read Approved, Approving a Fiscal Year (FY) 2019 Budget Amendment Appropriating Funds in the City Grants Fund for Public Safety Purposes (D18-385). • Resolution 18-85, Second Read Approved, Approving a Fiscal Year (FY) 2019 Budget Amendment Appropriating Funds in the Wastewater Enterprise Fund and the Wastewater System Improvement Fund (D18-386). • Resolution 18-89, First Read Approved, Approving a Fiscal Year (FY) 2019 Budget Amendment Appropriating Funds in the Public Works Fund for Improvements to the Virginia Central Railway Trail Bridge (18-387). • Resolution 18-90, Approved, Supporting a Funding Application to the Highway Safety Improvement Program (18-388). • Transmitting Information on the Archaeological Studies to be Completed During Downtown Pedestrian Enhancements Project (18-389). • Transmittal of Board and Commission Minutes 20090 Regular Session 10/23/18 o Architectural Review Board – August 13, 2018 (18-392). o Architectural Review Board Supplementary – August 27, 2018 (18-393). o Architectural Review Board – September 10, 2018 (18-394). o Architectural Review Board Supplementary – September 11, 2018 (18-395). o Economic Development Authority – September 10, 2018 (18-396). o Economic Development Authority – September 20, 2018 (18-397). o Historic Preservation Working Group – June 27, 2018 (18-398). o Historic Preservation Working Group – July 25, 2018 (18-399). o Historic Preservation Working Group – August 15, 2018 (18-400). o Planning Commission – July 11, 2018 (18-401). o Planning Commission – August 8, 2018 (18-402). o Planning Commission – September 12, 2018 (18-403). Transmittal of Draft Ordinance Creating a Program for Clean Energy Improvements Known as “C-PACE” (18-390 thru D18-391). Economic Development Director Freehling explained the Commercial Property Assessment Clean Energy (C-PACE) was an innovative way to finance clean energy and water efficient projects on commercial, multifamily, and nonprofit buildings. The program, if enacted by City Council, could be used to help finance the mixed-use multi-purpose stadium as well as future new construction and rehabilitation projects in Fredericksburg. Mr. Freehling said C-PACE loans could be used to finance renewable energy, energy efficiency and water usage efficiency improvements to new construction or existing buildings. Mr. Freehling discussed the public benefits of the program. He envisioned the program to be attractive to owners of older buildings in the City. 20091 Regular Session 10/23/18 Mr. Freehling said the City has the opportunity to establish itself as a statewide leader in green-energy initiative because no other C-PACE loans have been made in Virginia. City Attorney Dooley said the ordinance was drafted carefully to protect the interest of taxpayers. She said there were a couple unique aspects: private lenders would be the capital providers for the program, C-PACE loans happen when construction is eminent. The borrower will cover the costs of the program through a non-refundable application fee that will cover the City’s costs. The City would review the loan document, title work, underwriting guidelines and the building improvements to make sure they qualify for C- PACE financing. In addition to the non-refundable application fee there would be periodic fees that would be made in installment payments to cover the billing and collection costs. The Treasurer would be responsible for billing the special assessment lien, and the collection for the lien and remitting the payment to the private lenders. Ms. Dooley explained that when the Treasurer receives payments under this program, if there are delinquent real property taxes any payments would go towards those taxes first and the lender second. If a real estate becomes delinquent, the City has to wait two year before filing foreclosure action but State Code allows a one year time period for special assessment liens and the City proposes to use that in the ordinance. She said she believes the ordinance was well positioned to protect the City’s interest as well as the public. Councilor Devine asked whether there was a current project that could be looked at using C-PACE and Mr. Freehling said it was used frequently all over the country but Virginia has been slow to enact it. He said DC United Stadium used C-PACE and that was how he learned about it. Mayor Greenlaw commended Mr. Freehling for bringing this forward and making it available for this project. 20092 Regular Session 10/23/18 Councilor Kelly made a motion to accept transmittal of the draft ordinance creating a program for clean energy improvements known as “C-PACE”; 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). Adoption of Minutes (D18-404 thru D18-405). Councilor Kelly moved approval of the October 9, 2018 Work Session Minutes and the October 9, 2018 Public Hearing and Regular Session Minutes and the October 12 & 13, 2018 Council Retreat 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). Appointment to the Parking Advisory Committee – James Tankersley (D18-406). Councilor Duffy moved to appoint James Tankersley to the Parking Advisory Committee; 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). Ordinance 18-16, First Read Approved, Defining, Permitting and Regulating Small Data Centers and Data Centers (D18-407). Staff explained that after discussions from Council during the public hearing regarding parking, staff increased the parking requirement from minimum to maximum parking during. Vice-Mayor Withers made a motion to approve Ordinance 18-13, on second read, defining, permitting and regulating small data centers and data centers; 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). 20093 Regular Session 10/23/18 Ordinance 18-17, Second Read Approved, 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 (D18-408). After staff summary Councilor Duffy made a motion to approve Ordinance 18-17, on second 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; motion was seconded by Councilor Devine 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 (D18-409 thru D18- 410). City Manager Baroody reviewed the Manager’s report and Council Calendar. Activities highlighted on the report were as follows: Phase 3 Community Collaboration Meetings, Public Sculpture Project, FONDO Cycling Circuit USA, State Group Holds Meeting in City, Neighborhood Planning, Virginia Museum of Fine Arts Launches Artmobile Exhibit in Fredericksburg, Police K-9 and Handler Participate in the National Law Enforcement Museum Grand Opening and Communications Officer Share Experience. Adjournment. There being no further business to come before the Council at this time, Mayor Greenlaw declared the meeting officially adjourned at 8:50 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 20094