City Council

Public Hearing 11/27/18 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 November 27, 2018 The Council of the City of Fredericksburg, Virginia, held a public hearing on Tuesday, November 27, 2018, beginning at 7:31 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, Director of Community Planning & Building Services Charles Johnston, Senior Planner Michael Craig, Director of Economic Development Bill Freehling, Business Development Manager Angela Freeman, Public Works Director David King, Budget Manager Deidre Jett, and Clerk of Council Tonya B. Lacey. Notice of Public Hearings (D18-441 thru D18-443). The Clerk read the notice of the public hearings as they appeared in the local newspaper, the purpose being to solicit citizen input. Ordinance 18-20, First Read, Approved, Granting a Forty-Year Non-Exclusive Franchise to Columbia Gas of Virginia, Inc., to Install and Operate Pipes, Mains, Manholes Connections, Meters, and Other Facilities for the Distribution of Natural Gas, Within the Public Rights- 20117 Public Hearing 11/27/18 of-Way of the City of Fredericksburg (D18-441). No speakers. Public Works Director King gave a summary of the franchise agreement and a brief on the projects they had completed in the City. He also introduced the representative from Columbia Gas Bordon Ellis and Monique Finneran. Ms. Finneran spoke on behalf of the Gas Company stating they appreciated the relationship they have had with the City over the years and they would like to continue the relationship. Councilor Devine expressed concerns with the street maintenance after the completion of projects. Her concern was that the road restorations in the past have not been properly restored to the City’s satisfaction and she wanted assurance that they would be properly repaired once a project was completed. Ms. Finneran said they always try to put the work place back to what it was or better and if not they will work with the City to make it right. Councilor Frye thanked the Gas Company for the work they did during the Hazel Hill apartment leaks last year. Councilor Kelly asked what they would do with items found underground during a dig. He explained that it happened before and the gas crew was hauling the items away and never contacted the City. Mr. Finneran assured Councilor Kelly that she would make sure the message was delivered across the organization to let the employees know if they find items during a dig they must contact the City. Vice-Mayor Withers asked how they coordinate capital projects with the gas company. Mr. King said they meet with the Gas Company annually to coordinate capital projects so that they are both aware of each other’s schedules. Mr. King also stated that the City had stepped up the standards for paving after cuts have been made in streets. He said 20118 Public Hearing 11/27/18 another change they made is, when a repair is made the entire lane is repaved and the City pays to repave the other lane and it is all cost shared. Councilor Graham made a motion to approve Ordinance 18-20 on first read, granting a forty-year non-exclusive franchise to Columbia Gas of Virginia, Inc., to install and operate pipes, mains, manholes connections, meters, and other facilities for the distribution of natural gas, within the public rights-of-way of the City of Fredericksburg; 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 18-21, First Read, Approved, Granting a Ten-Year Non- Exclusive Franchise to Newpath Networks, LLC (Crown Castle), for Wireless and Fiber Infrastructure Within the Public Rights-of-Way of the City of Fredericksburg (D18-442). No speakers. Assistant City Attorney Eckstrom presented a brief to the Council on the franchise to Newpath Networks, LLC. Councilor Devine expressed concerns regarding dangling wires and coiled up wires along poles. She said she does not want the staff to have to follow up to be sure this is not happening and she asked how they could assure that this would not happen. Mr. King said when there are situations they do their best to contact companies to make the repairs and they encourage citizens to make the City aware. Mr. King also stated that one of the benefits of new equipment much of it is wireless and they hope this will reduce those issues. Mr. Ron Wilson and Scott Knickles, representatives with Crown Castle were present. Mr. Wilson said they were sensitive to dangling wires and much of those are older wires and the wires today are more sensitive so they make sure their contractors attach them. He said they also identify themselves on every pole so that anyone could contact them to 20119 Public Hearing 11/27/18 repair any problems. He said they are very sensitive to downtown areas and they have a variety of poles to put their technology on. Councilor Graham made a motion to approve Ordinance 18-21, on first read, granting a ten-year non-exclusive franchise to Newpath Networks, LLC (Crown Castle), for wireless and fiber infrastructure within the public rights-of-way of the City of Fredericksburg; 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). Ordinance 18-22, First Read, Approved, Granting a Ten-Year Non- Exclusive Franchise to Tenebris Fiber, LLC, for Dark Fiber Infrastructure Within the Public Rights-of-Way of the City of Fredericksburg (D18-443). No speakers. Assistant City Attorney Eckstrom presented a brief to the Council on the franchise to Tenebris which was similar to the Newpath Networks franchise. Councilor Devine asked for assurance that the poles would be maintained just as she requested of Newpath Networks. Mr. Adam Knoll said they contract their work and they hold a retainer back and all repairs must be completed properly in order to get that retainer. Mr. Knoll explained their reason for requesting first and second read was, they received a contract with the City School system and it has federal dollars tied to it and they have to use the funds before June and they wanted to be sure to get the project completed in time before winter hits. Councilor Devine made a motion to approve Ordinance 18-21, on first read, granting a ten-year non-exclusive franchise to Tenebris Fiber, LLC, for dark fiber 20120 Public Hearing 11/27/18 infrastructure within the public rights-of-way of the City of Fredericksburg; 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). Motion to Suspend the Rules. In order to place Ordinance 18-22 on for second read Councilor Devine made a motion to suspend the rules; 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 18-22, Second Read, Granting a Ten-Year Non- Exclusive Franchise to Tenebris Fiber, LLC, for Dark Fiber Infrastructure Within the Public Rights-of-Way of the City of Fredericksburg (D18-443). Councilor Devine made a motion to approve Ordinance 18-22, on second read, granting a ten-year non-exclusive franchise to Tenebris Fiber, LLC, for dark fiber infrastructure within the public rights-of-way of the City of Fredericksburg; 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 8:06 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 20121 Public Hearing 11/27/18 [This page intentionally left blank.] 20122 Regular Session 11/27/18 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 November 27, 2018 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, November 27, 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, Director of Community Planning & Building Services Charles Johnston, Senior Planner Michael Craig, Director of Economic Development Bill Freehling, Business Development Manager Angela Freeman, Public Works Director David King, 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 Ryan Merrell at this evening’s meeting. 20123 Regular Session 11/27/18 Public Hearings (D18-441 thru D18-443). The regular session was recessed in order to conduct scheduled public hearings and immediately reconvened upon their conclusion. Citizen Comment. There were no speakers to participate in the citizen comment portion of this evening’s meeting. Council Agenda Presented. The following items were presented to Council for discussion. 7A. New Year’s Eve Holiday – Vice-Mayor Withers 7B. Fredericksburg 5th Annual Gun Giveback – Councilor Frye New Year’s Eve Holiday. Vice-Mayor Withers proposed to give the employees New Year’s Eve as a holiday because the State made it a holiday for their employees. He noted how hard the city staff has been working and he thought it would be a good to give staff the additional time off. Vice- Mayor Withers made a motion to make New Year’s Eve a holiday for City staff; 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). Fredericksburg 5th Annual Gun Giveback. Councilor Frye reminded everyone that the gun giveback event would be held on December 8th from 10:00 a.m. until 2:00 p.m. To date they have collected 162 guns on a volunteer basis. City Manager’s Consent Agenda Accepted for Transmittal as Recommended (D18-444 thru D18-455). Councilor Duffy pulled item 8C for discussion. Councilor Kelly moved approval of the remainder of the City Manager’s consent agenda items; motion was seconded by Councilor Devine and passed by the following 20124 Regular Session 11/27/18 recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Frye, Graham and Kelly. Nays (0). • Resolution 18-100, Approved, Approving a Fiscal Year (FY) 2019 Budget Amendment Appropriating Funds in the Public Facilities Capital Fund for the Inline Roller Hockey Rink at Dixon Park (18-444). • Transmittal – Report of the Results of 2018 Bond Sale (18-445). • Transmittal of Board and Commission Minutes. o Board of Social Services – September 6, 2018 (18-447). o Fredericksburg Arts Commission – August 15, 2018 (18-448). o Fredericksburg Arts Commission – September 18, 2018 (18-449). o Fredericksburg School Board – March 5, 2018 (18-450). o Fredericksburg School Board – April 9, 2018 (18-451). o Fredericksburg School Board – April 10, 2018 (18-452). o Fredericksburg School Board – May 14, 2018 (18-453). o Fredericksburg School Board – June 4, 2018 (18-454). o Green Committee – September 11, 2018 (18-455). Transmittal of an Ordinance Amending the Special Events Ordinance to Provide for a Tiered Structure for Event Applications, and to Clarify the Effect of the Issuance of a Special Events Permit (18-446). Councilor Duffy said the number of special event the City has was stunning and he thanked the staff and employees for all they do and he said he appreciated the planning to make it more effective. 20125 Regular Session 11/27/18 Mayor agreed and said there have been events that have come here nationally and they have only had short periods of time to get it together. Councilor Duffy moved to accept the transmittal of an ordinance amending the special events ordinance to provide for a tiered structure for event applications, and to clarify the effect of the issuance of a Special Events Permit; 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). Adoption of Minutes. Councilor Devine moved approval of the November 13, 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). Appointment to the Memorials Advisory Commission – Susan Spears (D18-456). Councilor Graham made a motion to reappoint Susan Spears to the Memorials Advisory Commission; 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 Building Code Appeals Board – Michael Taggert (D18-457). Councilor Kelly made a motion to reappoint Michael Taggert to the Building Code Appeals Board; 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). Appointment to the Tri-County/City Soil & Water Conservation District – Richard Street (D18-458). Councilor Kelly made a motion to reappoint 20126 Regular Session 11/27/18 Richard Street to the Tri-County/City Soil & Water Conservation District; 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 18-101, Approved, Approving the Trademark License Agreement from SIP Rights, LLC (D18-459). After a brief summary by staff, Councilor Kelly made a motion to approve Resolution 18-101, approving the Trademark License Agreement from SIP Rights, LLC; 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 18-102, Approved, Approving A Paid Admissions Events Agreement with Potomac Baseball, LLC (D18-460). After staff presentation Councilor Kelly made a motion to approve Resolution 18-102, approving a paid admissions events agreement with Potomac Baseball, LLC; 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 18-103, Approved, Approving a Fiscal Year (FY) 2019 Budget Amendment Appropriating Funds in the Public Work Capital Fund for Storm Sewer Improvements along the Blue-Gray Parkway (D18- 461). After staff presentation Vice-Mayor Withers made a motion to approve Resolution 18- 103, approving a Fiscal Year (FY) 2019 budget amendment appropriating funds in the Public Work Capital Fund for storm sewer improvements along the Blue-Gray Parkway; motion was seconded by Councilor Kelly and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Frye, Graham and Kelly. Nays (0). 20127 Regular Session 11/27/18 Resolution 18-104, Approved, Granting a Special Use Permit for an Automotive Service Use for a Site Located on Fall Hill Avenue Near Hospitality Lane (D18-462 thru D18-463). Staff presented a PowerPoint presentation which covered existing conditions, proposed use, potential impacts and proposed mitigation and draft resolutions. Councilor Kelly asked staff where in the side agreement it says there could not be an access point on to Fall Hill Avenue. He said it only stated that it must maintain a fifty foot buffer but it does not say there can be no access point through the berm. Councilor Devine said she appreciated the work of staff, the applicant and the Planning Commission and for trying to make this project work. Councilor Devine made a motion to approve Resolution 18-104, granting a Special Use Permit for an automotive service use for a site located on Fall Hill Avenue near Hospitality Lane; motion was seconded by Vice-Mayor Withers. Councilor Kelly expressed is disappointment in the process and in the motion that was made for approval without the access to Fall Hill Avenue. He said the City’s relationship to the development community was broken and the City needed to let the development community know what it wanted. Council Devine refuted Councilor Kelly’s comments stating that the Council was very clear on what it wanted and did not want and she does not feel like the relationship with the development community was broken. Councilor Frye also disagreed that the relationship with the development community was broken. He said the business community was thriving and that would not be the case if the relationship with developers was broken. 20128 Regular Session 11/27/18 Vice-Mayor Withers said he took issue with Coucilor Kelly’s comments because he said the City works hard to make the City a better place and it had recently shown this by giving incentives to at least three businesses. Councilor Graham said his biggest concern was the cutout onto Fall Hill Avenue and the safety of the walkers/cyclists because there was no signal there. Councilor Duffy agreed and said the city needed to protect the pedestrian thoroughfares. He also remarked to Councilor Kelly’s comments that the City was letting the developers know what it wanted through the small area plans. Mayor Greenlaw said the biggest issue was cutting through the berm. She said this has been difficult and she thanked the applicant for trying to mitigate the issue. The motion passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Withers, Devine, Duffy, Frye and Graham. Nays (1). Councilor Kelly. Resolution 18-105, Granting a Special Use Permit for a Convenience Store with Gasoline Sales for a Site Located on Fall Hill Avenue Near Hospitality Lane (D18-463 thru D18-464). Councilor Devine made a motion to approve Resolution 18-105, granting a special use permit for a convenience store with gasoline sales for a site located on Fall Hill Avenue near Hospitality Lane; 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. Transmittal of the Legislative Agenda (D18-465). Assistant City Manager Whitley presented the Legislative agenda and noted the changes made during the discussions at the work session to include the following additions: support for theater renovations at the University of Mary Washington, assistance to the School Board to get a waiver from Labor 20129 Regular Session 11/27/18 Day requirements in order to start school prior to Labor Day, gerrymandering statement and expanding on VML agenda item banning plastic and Styrofoam locally. City Manager’s Report and Council Calendar (D18-466 thru D18- 467). City Manager Baroody reviewed the Manager’s report and Council Calendar. Activities highlighted on the report were as follows: Small Business Saturday and Shop Local in 22401 Campaign, Four Hour Parking in the Downtown for the Holiday Season Continues, DMV Connect Offered in Fredericksburg, State Award Received, Phase 3 Community Collaboration Meetings, Children’s Christmas Tree Lighting, Life-Sized Holiday Greeting Cards, 2018 Fredericksburg Christmas Parade, Leaf Collection Season Continues, Annual Recreation Commission Appreciation Reception and Fredericksburg Police Department Welcomes New Officers. Adjournment. There being no further business to come before the Council at this time, Mayor Greenlaw declared the meeting officially adjourned at 9:17 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 20130