City Council

Public Hearing 12/11/18 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 December 11, 2018 The Council of the City of Fredericksburg, Virginia, held a public hearing on Tuesday, December 11, 2018, beginning at 7:42 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, Jason N. Graham and Matthew J. Kelly. City Council Absent. Charlie L. Frye, Jr, - working. Also Present. City Manager Timothy J. Baroody, Assistant City Manager Mark Whitley, City Attorney Kathleen Dooley, Assistant City Attorney Robert Eckstrom, Finance Director Robyn Shugart, Assistant Director of Finance David MacIndoe, Director of Community Planning & Building Services Charles Johnston, Senior Planner Michael Craig, Development Administrator Marne Sherman, Director of Economic Development Bill Freehling, Director of Elections and General Registrar Marc Hoffman and Clerk of Council Tonya B. Lacey. Notice of Public Hearings (D18-469). The Clerk read the notice of the public hearings as they appeared in the local newspaper, the purpose being to solicit citizen input. Ordinance 18-23, First Read, Approved, Changing the Ward 301 Polling Place from Lafayette Upper Elementary School to the Walker- 20131 Public Hearing 12/11/18 Grant Middle School (D18-469 thru D18-470). No speakers. Electoral Board Chair Rene Rodriguez presented a Powerpoint presentation to show the wards and to show the current polling location in reference to the new location. City Council had a brief discussion about the move and Mayor Greenlaw paused the meeting for a moment to explain to the visiting Cub Scouts what the purpose of a public hearing was and why the Council was having one. Councilor Duffy made a motion to approve Ordinance 18-23 on first read, changing the Ward 301 Polling Place from Lafayette Upper Elementary School to the Walker-Grant Middle School; motion was seconded by Vice-Mayor Withers and passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Withers, Devine, Duffy, Graham and Kelly. Nays (0). Granting a Special Exception to Medicorp Properties, Inc. for Installation of One Off-Premise Sign Within the Public Right-of-Way Adjacent to GPIN 7779-57-8741 (D18-471 and D18-473). Ordinance 18-24, First Read, Amending the 2012 Lease with Medicorp Properties, Inc., to Allow Installation of an Additional Sign in the Public Right-of-Way, Adjacent to GPIN 7779-57-8741. (D18-472 thru D18-473). No speakers. One public hearing was held for both items. Development Administrator Sherman presented a PowerPoint presentation to show location of the sign, the history of the sign the proposed sign information, the special exception criteria and staff’s recommendation. Council had a brief discussion and Vice-Mayor Withers made a motion to approve on first read, granting a special exception to Medicorp Properties, Inc. for installation of one 20132 Public Hearing 12/11/18 off-premise sign within the public right-of-way adjacent to GPIN 7779-57-8741; motion was seconded by Councilor Kelly. Motion was withdrawn with no objections because the Council was not supposed to vote on the special exception until after the second read of the sign lease. Councilor Devine made a motion to approved Ordinance 18-24, on first read, amending the 2012 lease with Medicorp Properties, Inc., to allow installation of an additional sign in the public right-of-way, adjacent to GPIN 7779-57-8741; motion was seconded by Vice-Mayor Withers and passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Withers, Devine, Duffy, 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 7:59 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 20133 Public Hearing 12/11/18 [This page intentionally left blank.] 20134 Regular Session 12/11/18 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 December 11, 2018 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, December 11, 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, Jason N. Graham and Matthew J. Kelly. City Council Absent. Charlie L. Frye, Jr, - working. Also Present. City Manager Timothy J. Baroody, Assistant City Manager Mark Whitley, City Attorney Kathleen Dooley, Assistant City Attorney Robert Eckstrom, Finance Director Robyn Shugart, Assistant Director of Finance David MacIndoe, Director of Community Planning & Building Services Charles Johnston, Senior Planner Michael Craig, Development Administrator Marne Sherman, Director of Economic Development Bill Freehling, Director of Elections and General Registrar Marc Hoffman 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 Cub Scout Troop Weblos Den Pack 57. Officer Recognized. Mayor Greenlaw recognized the presence of Officer Jenn Moore at this evening’s meeting. 20135 Regular Session 12/11/18 Fiscal Year 2018 Comprehensive Annual Financial Report (CAFR) – Andrew Grossnickle, Robinson, Farmer and Cox (D18-468). Finance Director Shugart introduced Mr. Andrew Grossnickle of Robinson, Farmer, Cox Accountants. Mr. Grossnickle reviewed the CAFR with the Council and noted some of the more important points in the report. See D18-468 for more detail. Public Hearings (D18-469 thru D18-473). The regular session was recessed in order to conduct scheduled public hearings and immediately reconvened upon their conclusion. Citizen Comment. The following speaker participated in the citizen comment portion of this evening’s meeting. Sabina Weitzman, (D18-474), 913 Marye Street, spoke in support of the Council’s 2019 Legislative Agenda on redistricting reform. Ms. Weitzman thanked the Council for endorsing this initiative and for being willing to speak with her on the topic. (See D18-474 for more information). Council Agenda Presented. The following items were presented to Council for discussion. 7A. Resolution Approving the Assignment of the August 2006 Inns of Historic Fredericksburg Lease of Parking Spaces to Venture Hospitality 2, LLC – Councilor Devine 7B. My Conduct at the November 27 Meeting – Councilor Kelly Resolution 18-106, Approved, Approving the Assignment of the August 2006 Inns of Historic Fredericksburg Lease of Parking Spaces to Venture Hospitality 2, LLC (D18-474.1). Councilor Devine said due to the sale of 20136 Regular Session 12/11/18 the property at the end of the year she would like Council to direct the City Manager to review the parking lease before the sale. Councilor Devine made a motion to approve Resolution 18-106, approving the assignment of the August 2006 Inns of Historic Fredericksburg lease of parking spaces to Venture Hospitality 2, LLC; motion was seconded by Vice-Mayor Withers and passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Withers, Devine, Duffy, Graham and Kelly. Nays (0). My Conduct at the November 27 Meeting. Councilor Kelly publically apologized for his conduct at the November 27 meeting regarding the Valvoline project. He said he hoped that in the future the Council would give staff a better direction on how to marry the trail system. He said the Memorandum of Understanding needed to be reviewed as the City moves forward with development on the Celebrate Virginia property. City Manager’s Consent Agenda Accepted for Transmittal as Recommended (D18-475 thru D18-483). 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 (6). Councilors Greenlaw, Withers, Devine, Duffy, Graham and Kelly. Nays (0). • Ordinance 18-20, Second 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-of-Way of the City of Fredericksburg (18- 475). 20137 Regular Session 12/11/18 • Ordinance 18-21, Second Read Approved, Granting a Ten-Year Non-Exclusive Franchise to Newpath Networks, LLC (Crown Castle), for Wireless an Fiber Infrastructure Within the Public Rights-of-Way of the City of Fredericksburg (18- 476). • Resolution 18-107, Approved, Amending the City Manager’s Contract to Permit Compensation for Unused Annual Leave (D18-477). • Transmitting FRED Transit’s 3rd Quarter 2018 Progress Report (D18-478). • Transmittal of Board and Commission Minutes. o Fredericksburg School Board – July 2, 2018 (18-479). o Fredericksburg School Board Special – August 6, 2018 (18-480). o Fredericksburg School Board – August 6, 2018 (18-481). o Fredericksburg School Board – September 10, 2018 (18-482). o Fredericksburg School Board – October 1, 2018 (18-483). Adoption of Minutes. Councilor Devine moved approval of the November 27, 2018, Public Hearing and Regular Session Minutes; motion was seconded by Vice-Mayor Withers and passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Withers, Devine, Duffy, Graham and Kelly. Nays (0). First Quarter Financial Report (D18-484). Assistant City Manager Whitley presented a PowerPoint presentation highlighting that it was very early in the fiscal year, real estate would be over the budget estimates, expenditures were generally on track and he showed the sales tax revenue, meals tax, lodging tax and telecommunications sales tax trends. (See D18-484, for more information). 20138 Regular Session 12/11/18 Councilor Graham asked if the year over year trends include inflation and Mr. Whitley stated that he does not adjust the numbers to include inflation. Mr. Graham also asked if the City should set aside some money for the shortfall because of the decrease in the telecommunication tax revenue. Mr. Whitley said that could be a solution but that there may be revenues that come from other sources to make up the difference. Resolution 18-108, Approved, Approving the Legislative Agenda (D18-485). After staff presentation Councilor Devine made a motion to approve Resolution 18-108, approving the Legislative Agenda; motion was seconded by Councilor Duffy and passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Withers, Devine, Duffy, Graham and Kelly. Nays (0). Resolution 18-104, Amendment Approved, Granting a Special Use Permit for an Automotive Service Use for a Site Located on Fall Hill Avenue Near Hospitality Lane (D18-486 thru D18-487). Staff presented a PowerPoint presentation, showed the approved general development plan, the revised site configuration showing the switch between the two lots and the staff’s recommendation. Councilor Duffy made a motion to approve the amended 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 and passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Withers, Devine, Duffy, Graham and Kelly. Nays (0). 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 (D18-486 thru D18-487). Councilor Duffy made a motion to 20139 Regular Session 12/11/18 approve the amended 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, Graham and Kelly. Nays (0). City Manager’s Report and Council Calendar (D18-488 thru D18- 489). City Manager Baroody reviewed the Manager’s report and Council Calendar. Activities highlighted on the report were as follows: Shop Local in 22401 Campaign, Four Hour Parking in the Downtown for the Holiday Season Continues, Family Fun Night New Year’s Eve Celebration, DMV Connect Offered in Fredericksburg, Lasts Sessions of Phase 3 Community Collaboration Meetings, Police Officer Retirement, Life-Sized Holiday Greeting Cards, 2018 Fredericksburg Christmas Parade, Leaf Collection Season Continues, Successful “Turnout for Toys” Gift Drive Now in its Fourth Year, Building and Property Maintenance Quarterly Reports and Final Report of Council Priorities for 2016-18. Mayor Greenlaw and Vice-Mayor Withers both spoke about the many compliments on the parade and how well the staff cleaned-up after the parade was over. Closed Meeting Approved (D18-490). Upon a motion Councilor Graham, moved approval of a closed session under Virginia Freedom of Information Act Section 2.2- 3711 (A)(39) for discussion of confidential memoranda and information related to economic development, related to the Liberty Place project, where disclosure of the information would adversely affect the financial interest of the City of Fredericksburg; motion was seconded by Councilor Frye and passed by the following recorded votes. Ayes (6) Councilors Greenlaw, Withers, Devine, Duffy, Graham and Kelly. Nays (0). 20140 Regular Session 12/11/18 Return to Open Meeting Approved. Upon the motion of Vice-Mayor Withers; seconded by Councilor Devine and passed by the following recorded votes, Council approved a return to an open meeting. Ayes (6) Councilors Greenlaw, Withers, Devine, Duffy, Graham and Kelly. Nays (0). Resolution 18-109, Approved, Certifying Closed Meeting. Upon the motion Vice-Mayor Withers approved Resolution 18-109 certifying the closed meeting; seconded by Councilor Devine and passed by the following recorded votes. Ayes (6) Councilors Greenlaw, Withers, Devine, Duffy, 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 9:49 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 20141 Regular Session 12/11/18 [This page intentionally left blank.] 20142