City Council

Public Hearing 05/27/14 CITY OF FREDERICKSBURG, VIRGINIA HON. MARY KATHERINE GREENLAW, MAYOR HON. BRADFORD C. ELLIS, VICE -MAYOR, WARD ONE CITY COUNCIL HON. KERRY P. DEVINE, AT-LARGE HON. MATTHEW J. KELLY, AT-LARGE HON. GEORGE C. SOLLEY, WARD TWO HON. FREDERIC N. HOWE, III, WARD THREE Council Chambers, 715 Princess Anne Street HON. BEATRICE R. PAOLUCCI, WARD FOUR Fredericksburg, Virginia 22401 May 27, 2014 The Council of the City of Fredericksburg, Virginia, held a public hearing on Tuesday, May 27, 2014, beginning at 8:01 p.m. in the Council Chambers of City Hall. City Council Present. Mayor Mary Katherine Greenlaw presiding. Vice- Mayor Bradford C. Ellis. Councilors Kerry P. Devine, Frederic N. Howe, III, Matthew J. Kelly, Beatrice R. Paolucci and George C. Solley. Also Present. City Manager Beverly Cameron, Assistant City Manager Mark Whitley, City Attorney Kathleen Dooley, Police Chief David Nye, Commonwealth Attorney LaBravia Jenkins, Budget Manager Amanda Lickey, Planning Director Charles Johnston and Clerk of Council Tonya B. Lacey. Notice of Public Hearings (D14-198 thru D14-202). The Clerk read the notice of the public hearings as they appeared in the local newspaper, the purpose being to solicit citizen input. Granting a Special Use Permit (SUP) to CVAS Boulevard, LLC for an Assisted Living Facility on Property Located in Celebrate Virginia South, at the Intersection of Gordon W. Shelton Boulevard and Haven Terrace (D14-198). – 2 speakers. After a brief staff overview Councilor Kelly asked about the two conditions that were added since the last meeting. Planning 18633 Public Hearing 05/27/14 Director Johnston stated that the conditions were consistent with the Unified Development Ordinance (UDO) and were standard procedure. He said the rationale is to ensure the construction occurs within reasonable time. Councilor Kelly asked Mr. Johnston if he had discussed the conditions with the applicant and he said he did not. Jervis Hairston, presenting the application, explained that the owner had built one of these memory facilities in Spotsylvania and because of its success they wanted to add another facility. Mr. Hairston said the conditions were not expected and he’s not sure what they do. Scott Little, presenting the application, stated that there was no mention of the conditions prior to the documents being posted to the website on Thursday. He said these conditions have appeared on projects in the past, but stated there are some projects that they don’t work well with and this project was one. He said because they are still working to get an agreement with the developer and by putting a 24 month use commencement condition, causes an unwanted burden. He felt as though this condition could damper the fiscal ability on the project. He said this was a great project for the City and he asked that the conditions be removed. Mayor Greenlaw stated that it was typical to have conditions on all SUP. She asked the applicant would it work better if the commencement date were longer, possibly 36 months. She also commented that the City wouldn’t want the building to sit vacant if it didn’t work so she thought that conditions were reasonable. Mr. Little said that he couldn’t randomly put a time frame on it. He said the amount of operators in this type of facility was rare and that it would be taxing to put this limit on it. He said the people are in this for the long haul. 18634 Public Hearing 05/27/14 Councilor Devine stated that the City hasn’t had a SUP without time constraints and she said she didn’t mind adjusting the time but was important for the City to have time limits. Councilor Howe noted that development was risky, but added that if we put time limits on some applicants it must be done for all because it could be seen as favoritism. He suggested they take some time to decide the time frame and get back to the City. He also suggested the possibility of coming back to Council for an extension if they find there isn’t enough time. Councilor Solley asked City Attorney Dooley if the City had placed conditions on the date of by construction commenced instead of the use of the property in the past. Ms. Dooley stated that the standard was to place it on the dated for which the use commences because someone could start construction and not complete it. She also explained that Council was permitting the use with the special use permit. She said this process was so standard that the provisions were included in the UDO. Councilor Paolucci was in agreement that the SUP should have conditions on them, but she was concerned that the applicant was not made aware of them and that it wasn’t discussed at the Planning Commission. Mr. Johnston stated that in the Planning Commission minutes it stated that the conditions were in the staff report to the Planning Commission and the conditions were established by the Planning Commission and approved by them. Vice-Mayor Ellis suggested that the applicant get with staff to work out something together and bring it back for approval. Councilor Kelly agreed that maybe there could be an extension on time, but he 18635 Public Hearing 05/27/14 said it was not a valid point to do something because that’s the way it’s always been done. He said the applicant had some valid points with regards to going through the process. Mr. Little said he would work with staff and come back in a couple of weeks. Councilor Kelly moved to defer action until the June 10 meeting; motion was seconded by Vice-Mayor Ellis and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Ellis, Devine, Howe, Kelly, Paolucci and Solley. Nays (0). Resolution 14-37, Approved, Denying the Application of NMA, LLC for Real Estate Tax Exemption on 1705 William Street (GPIN 7779-32-9586) (D14-199). – 1 speakers. After staff overview Councilor Howe asked for clarification on how long the tax exemptions last when they are approved and Mr. Whitley explained that under the Code it’s a 3 year grant, at that point it comes up for renewal but its handled administratively by the Commissioner of Revenue unless something changes with the use or the owner. Kathy Anderson, Executive Director, stated that she applied for the tax exemption while the process was still open and she worked with staff to make sure it qualified and staff said it did. She felt the budget process was too lengthy a process. She said if granted this tax relief would only represent one percent of the tax relief properties. Ms. Anderson stated that this program provides families with safe places to stay, it relieves a burdened system, and it improves health. Barbara Anderson, 1811 Washington Avenue, spoke in support of the tax exemption. She said Fredericksburg was a wealthy City and should help those in need. 18636 Public Hearing 05/27/14 She said this was a small price to pay for the services they offer. Councilor Solley asked if Empowerhouse was the only applicant that made application before the moratorium was presented. Mr. Whitley stated that Employment Resources Inc. had applied before the moratorium was presented and Empowerhouse had not, but they had talked with the Commissioner of Revenue so staff knew the application was coming. Councilor Devine noted that it was not a Council initiated moratorium and that Empowerhouse meets all the criteria for tax relief. She also noted that the increase that was in the proposed budget for Empowerhouse was not for the taxes, it was to support the services provided by Empowerhouse. She said she would vote to support the application. Councilor Kelly said it’s not an issue of cutting, it’s an issue of handling the exemptions in a different manner. He noted that the additional money that was put in the budget for Empowerhouse was because Stafford County had cut funding ($20,000), but that had since been restored and because that funding was restored he no longer supported the additional funding. Councilor Kelly stated that if there are programs that offer significant services to the City and our Social Services Department does not offer they should be funded, but he believes it should be handled on a year to year basis. Councilor Kelly made a motion to approve Resolution 14-37, denying the application of NMA, LLC for real estate tax exemption on 1705 William Street (GPIN 7779-32-9586); motion was seconded by Councilor Howe. Vice-Mayor Ellis stated that since the great recession localities have been looking for ways to make up lost revenues and it causes localities to cut costs and find innovative ways to save, but it also puts non-profits in the lime light. He recognized that a tax bill 18637 Public Hearing 05/27/14 represents an overhead expense for non-profits and takes away from those in need. He said granting a real estate tax exemption removes the property from the tax roles forever. He said he was grateful for the services provided by Empowerhouse and said he supported the increase to Empowerhouse in the budget. He said the tax relief reduces the tax base and that is not a viable way forward because every business, organization and household places a burden on City services and infrastructure. The cost of these services rise every year and tax abatement is not sustainable. Councilor Devine made a substitute motion to approve the real estate tax exemption at 1705 William Street; motion was seconded by Councilor Paolucci. Mayor Greenlaw stated that she would vote to defeat the substitute motion. She said the City serves the region and the City has a relatively small tax base and removing properties from the tax roll that serves the region was part of reason she could not support. She said it was regional equity. She added that she is a supporter of Empowerhouse but the City could not continue to take properties off the tax rolls. She said the Counties need to step up and help out with contributions. Councilor Solley asked for clarification on whether this exemption was in perpetuity and whether the organization had to be approved every three years. He said the Council or staff could change the way it functions in the future. City Attorney Dooley clarified that when a property is designated tax exempt the designation last as long as the use of the property and the ownership of the property remains the same. Every three years the owner must certify that the owner and use are the same. Councilor Howe stated that he supported Empowerhouse as well as other organization that come to the City, but stated that if the City continues to remove 18638 Public Hearing 05/27/14 properties from the tax roll the City would run out of money. He said there needed to be some balance so that the City could pay its bills. He said he would support denial. Councilor Paolucci agreed with Councilor Devine that the application was accepted prior to the moratorium. She also asked what was going to be done about those that were already tax exempt and Mr. Whitley stated they would be grandfathered as long as their use and owner remains the same. Councilor Kelly added that everyone could apply and the Council would consider what they provide to the City and Council would take a vote on the budget accordingly. He said the City was not looking to cut just looking at a different way of approving the tax exemptions. A vote was taken on the substitute motion to approve the tax exemption and the motion failed by the following recorded votes. Ayes (3). Councilor Devine, Paolucci and Solley. Nays (4). Councilors Greenlaw, Ellis, Howe and Kelly. A vote was taken on the original motion to deny tax exemption and the motion passed by the following recorded votes. Ayes (4). Councilors Greenlaw, Ellis, Howe and Kelly. Nays (3). Councilor Devine, Paolucci and Solley. Resolution 14-38, Approved, Denying the Application of NMA, LLC for Real Estate Tax Exemption on 313-313½ Wolfe Street (GPIN 7789-13-5753) (D14-199). Councilor Kelly made a motion to approve Resolution 14-38, denying the application of NMA, LLC for real estate tax exemption on 313-313½ Wolfe Street (GPIN 7789-13-5753); motion was seconded by Councilor Howe and passed by the following recorded votes. Ayes (4). Councilors Greenlaw, Ellis, Howe and Kelly. Nays (3). Councilor Devine, Paolucci and Solley. 18639 Public Hearing 05/27/14 Resolution 14-39, Approved, Granting a Special Exception to Permit the Subdivision of Property Located at 221 Charles Street into Four Single Family Residential Lots (D14-200). – 1 speaker. After a staff overview Councilor Kelly stated that he would like to defer action on this until discussions have taken place on what the City wanted the downtown to look like. He would like to discuss whether this is the best use for this piece of property. Michael Adams, representative for the applicant, explained that they would like to bring four reasonable homes to the area. He said they also looked at the Janney Marshall building but the cost to renovate was too much. He said they are building three properties across the street to try and bring homeowners to the area. He was baffled that Council would say they need tax dollars, but want to defer action on development when a developer is proposing to develop land that has been vacant for years. He said they have no other route to go except to come for a special exception because the property sits in a floodplain, which he agreed was the proper way to handle approval of properties in a floodplain. Vice-Mayor Ellis agreed that adding property to the tax roll was a good thing, but he said his desire was that the applicant only cut down what is needed to develop the property to be sure there was screening between the existing properties. Mr. Adams explained that there was a 10 foot elevation to the properties that back up to the proposed site and the lots are 132 feet deep and the last 32 feet is where the grade drops down and where the vegetation exists. He said the plan is not to go into that area. Councilor Howe said he appreciate the development of these undeveloped lands. 18640 Public Hearing 05/27/14 He asked what other viable use could go on this property and Mr. Adams said nothing that fits with the neighborhood. The entire area is residential within a few blocks was residential. Councilor Howe said he finds it a stretch to use this land for anything else and he felt the special exception was for this type of project and he was in support of the project. Councilor Kelly stated that there was another option; a text amendment could be made. He said every significant project downtown has involved a special exception. He stated he didn’t see what the advantage was to the City to have this project move forward. Councilor Kelly asked that it be explained why this project was significant to the City. Councilor Solley stated that a special exception by definition is based project by project and he said special exceptions significance doesn’t say the project has to be overwhelmingly significant for the City but that the argument to allow the project to go forward must be a significant argument. Councilor Solley asked what the homes would look like and Mr. Adams said they would be different elevations similar to the ones being built across the street. The first floor would be storage or parking, the next floor would be 1,000 square feet for living room, dining and kitchen, and the top level would be three bedrooms and two and a half baths, hardy-plank with different roof elevations and decks on the back. Upon a motion and as recommended Councilor Howe moved to approve Resolution 14-39, granting a special exception to permit the subdivision of property located at 221 Charles Street into four single family residential lots; motion was seconded by Vice-Mayor Ellis. Councilor Kelly made a substitute motion to defer any further action on special 18641 Public Hearing 05/27/14 exceptions until Council has had the opportunity to have a discussion regarding the future of downtown development and until Council gets the final recommendation from the Planning Commission on the use of special exceptions; motion was seconded by Councilor Paolucci. Councilor Solley said he understood the purpose for not voting on a special exception immediately, but he didn’t agree with an open ended condition with no date to have the item come back for action. Councilor Howe agreed and he felt Council should allow the applicant to move forward with a project for a piece of land that has set vacant for years. Councilor Kelly agreed to allow Councilor Solley to put a limit on the motion. The Mayor added that the project was being considered in the context of the neighborhood, the context of the UDO, the context of the present Comprehensive Plan, in the context of what fits and what doesn’t and what was appropriate in that neighborhood and she said that every decision made by the Council was is considered in those broad contexts. She also added that the Planning Commission was working very hard on updating the Comprehensive Plan. Vice-Mayor Ellis agreed with Mayor Greenlaw’s statement and he said he didn’t disagree that Council need to look at the text amendment but this lot was in the floodplain in the middle of a subdivision and he asked what else would go there. A vote was taken on the substitute motion to defer action and the motion failed by the following recorded votes. Ayes (2). Councilors Kelly and Paolucci. Nays (5). Councilors Greenlaw, Ellis, Devine, Howe, Solley. Councilor Howe amended his motion to strike the wording in item 2. “in 18642 Public Hearing 05/27/14 substantial accordance with its application and the plat of resubdivision.” Vice-Mayor Ellis agreed with this amendment. A vote was taken on the original motion to approve the Special Exception with the recommended amendment and it passed by the following recorded votes. Ayes (5). Councilors Greenlaw, Ellis, Devine, Howe and Solley. Nays (2). Councilors Kelly and Paolucci. Ordinance 14-21, First Read Approved, Amending the Unified Development Ordinance to Allow the Use of Private Streets and Access Easements to Serve Only Single-Family Attached (Townhouse) and Multi-Family Residential Developments and to Make Corresponding Changes to Lot Orientation Requirements Or Ordinance 14-22, First Read Failed, Amending the Unified Development Ordinance to Limit the Use of Private Streets and Access Easements for Single-Family Attached (Townhouse) Developments and to Make Corresponding Changes to Lot Orientation Requirements (D14-201). – 1 speaker. Planning Director Johnston explained that there are two sections of the UDO that address access to residential development by private streets or access easements. The amendment addresses inconsistencies between these sections. Planning staff intended to clarify that single-family detached houses could not be served by private streets but commercial/industrial uses could be served by private access easements. Staff recommended approving the amendments to the UDO, Sections 72- 18643 Public Hearing 05/27/14 25.2.E.3, Private Streets Improvements §72-51.3.A, Lots and Relationship to Streets, to clarify that single-family detached houses could not be served by private streets and commercial/industrial uses could be served by private access easements (Ordinance ‘A’). The Planning Commission recommended approval of additional regulations to clarify that only a portion of a single-family attached (townhouses and duplexes) development could be served by private streets (Ordinance ‘B’). Mr. Johnston explains that it has been a long term policy of the City not to allow single-family detached houses to be on private streets. Ordinance ‘A’ makes it clear that only single-family attached (townhouses and duplexes) and multi-family (apartments) residential uses could be accessed by private streets. Councilor Howe stated that he would like to see this item deferred for a couple months so that the City could determine the life cycle of this. He said this could possibly save the city on street maintenance, snow removal and trash pick-up and that this would be a good way to control budget growth. Mr. Johnston urged Council to vote on Ordinance ‘A’ because it corrected an inappropriate text in the current ordinance and he urged deferral of Ordinance ‘B’ which would address the concerns Councilor Howe spoke of. Jervis Hairston, spoke in opposition of approving townhomes to front on public streets because most townhome projects are not the same or have large parking lots. He said street maintenance cost enough for the City and he doesn’t see why the City would have townhomes front on Public Street when they have homeowners associations that collect dues to cover those costs. He said this ordinance presupposes that all townhomes are done the same way. 18644 Public Hearing 05/27/14 Councilor Howe made a motion to postpone action until Council had the proper economic information to make a business decision on the direction it should go; motion died for lack of a second. Councilor Kelly stated that he did not second the motion because Council knows what the costs would be. He said there would be a cost savings. He said the only thing not known is the aesthetic. He said he didn’t think it would be cost effective to have staff research the cost. Councilor Kelly moved to approve, on first read, Ordinance ‘A’ 14-21, amending the Unified Development Ordinance to allow the use of private street and access easements to serve only single-family residential developments and to make corresponding changes to lot orientation requirements; motion was seconded by Councilor Devine and passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Ellis, Devine, Kelly, Paolucci and Solley. Nays (1). Councilor Howe. Councilor Kelly moved to vote down Ordinance ‘B’14-22, amending the Unified Development Ordinance to limit the use of private streets and access easements for single-family attached (townhouse) developments and to make corresponding changes to lot orientation requirements; motion was seconded by Councilor Paolucci and passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Ellis, Devine, Kelly, Paolucci and Solley. Nays (1). Councilor Howe. Ordinance 14-23, First Read Approved, Amending the Unified Development Ordinance to Reduce the Parking Requirements for Fast Food Restaurants (D14-202). – 1 speaker. Staff gave a brief overview of the changes to the fast food restaurant parking requirements. 18645 Public Hearing 05/27/14 Paul Fallon, 1813 Genther Lane, spoke against the changes. He noted there were several restaurants in the area that currently do not have enough parking spaces. He said developers should be required to provide significant parking for these projects. Mr. Fallon suggested waiting a year or so to see what changes needed to be made to the UDO. Upon a motion and as recommended Councilor Solley moved to approve Ordinance 14-23, on first read, amending the Unified Development Ordinance to reduce the parking requirements for fast food restaurants; motion was seconded by Councilor Howe and passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Ellis, Howe, Kelly, Paolucci and Solley. Nays (1). Councilor Devine. Adjournment. There being no speakers to come before the Council at this time, Mayor Greenlaw declared the hearing officially adjourned at 10:14 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 18646 Regular Session 05/27/14 HON. MARY KATHERINE GREENLAW, MAYOR CITY OF FREDERICKSBURG, VIRGINIA HON. BRADFORD C. ELLIS, VICE -MAYOR, WARD ONE CITY COUNCIL HON. KERRY P. DEVINE, AT-LARGE HON. MATTHEW J. KELLY, AT-LARGE HON. GEORGE C. SOLLEY, WARD TWO HON. FREDERIC N. HOWE, III, WARD THREE HON. BEATRICE R. PAOLUCCI, WARD FOUR Council Chambers, 715 Princess Anne Street Fredericksburg, Virginia 22401 May 27, 2014 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, May 27, 2014, beginning at 7:30 p.m. in the Council Chambers of City Hall. City Council Present. Mayor Mary Katherine Greenlaw presiding. Vice- Mayor Bradford C. Ellis. Councilors Kerry P. Devine, Frederic N. Howe, III, Matthew J. Kelly, Beatrice R. Paolucci and George C. Solley. Also Present. City Manager Beverly Cameron, Assistant City Manager Mark Whitley, City Attorney Kathleen Dooley, Police Chief David Nye, Commonwealth Attorney LaBravia Jenkins, Budget Manager Amanda Lickey, Planning Director Charles Johnston and Clerk of Council Tonya B. Lacey. Opening Prayer and Pledge of Allegiance. Council was led in prayer by Vice-Mayor Bradford C. Ellis, followed by the Pledge of Allegiance led by Drake Riggins from Boys Scouts Troop 179. Officer Recognized. Mayor Greenlaw recognized the presence of Officer Leo Manster at this evening’s meeting. Proclamation for Kenneth P. Sekuterski for 23 Years of Service with the Police Department (D14-197). Mayor Greenlaw presented Officer Sekuterski with a Proclamation recognizing him for his 23 years of dedicated service to 18647 Regular Session 05/27/14 the City. Chief Nye thanked Office Sekuterski for his years of service and he presented him with his retired credentials and a personal gift. City Manager Cameron thanked Officer Sekuterski for his service to the City and presented him with a city watch. Police Captain Pennock presented Officer Sekuterski with his service weapon and he also thanked him for his service. Citizen Comment. The following speakers came forward to participate in the citizen comment portion of this evening's meeting. LaBravia Jenkins, Commonwealth Attorney, spoke in support of the replacement of the case management system. She explained that the system they were currently using is now obsolete and she encouraged Council to appropriate the funds for a new system. Bill Johnson, thanked the City for posting the past Request for Proposal (RFP) for the incinerator that was proposed at the landfill. He spoke against the proposed incinerator because it releases poisonous air emission; causes foul water, and polluted land. He said that Fredericksburg and Stafford would be the guinea pigs for this because this would be the first to be built anywhere. He suggested other options for waste control such as stop accepting plastic water bottle and only accept those that are recyclable and stop allowing plastic bags to be used at grocery stores. He said policy decision such as these needed to be made so that the garbage could be reused, recycled and composted for other uses. He requested that the City encourage Stafford to postpone for this 6 months. Catherine LeVay, 211 Twin Lakes Drive, the Twin Lakes neighborhood 18648 Regular Session 05/27/14 Committee Chair for the Street, Sidewalks and Lighting program. She spoke in regards to the trash in the neighborhood because of the traffic cutting through, the traffic and the speeding through the Twin Lakes Subdivision. She also spoke of the runoff into the neighborhood and about the streets needing paving. She said she had received signatures from all the neighbors stating that they supported the needed for sidewalks on both sides of the street. Ken Edgell, 221 Twin Lakes Drive, also spoke in support of the Twin Lakes Subdivision curb and gutter and he would like to see the curb and gutter on both sides of the street. He also spoke of the need for street paving because of the very bad patchwork. He asked Council to support the curb and gutter request and he reminded Council that both sides of the street needed work. Public Hearing Conducted (D14-198 thru D14-202). The regular session was recessed in order to conduct the scheduled public hearings and immediately reconvened upon their conclusion. Council Agenda Presented. The following items were presented to Council. 7A. Council Member – Budget Advisory Appointments – Councilor Howe 7B. Cable Commission Update – Councilor Howe 7C. R-Board Update – Councilor Howe Council Member - Budget Advisory Appointments. Councilor Howe asked that this be postponed until the June 10 meeting. Cable Commission Update. Councilor Howe noted that the Commission had been moving forward and they plan to bring the Comcast Franchise for approval at 18649 Regular Session 05/27/14 the next meeting. It had been seven years trying to get this done. He said the Commission along with the University of Mary Washington Regional IT initiative they are looking to get broadband in other areas of the City such as Central Park. He said there are sections of Central Park Boulevard that will be paved and there is opportunity to get empty conduits in to expand the broadband efforts. He offered his company pro bono to oversee the project. He noted how spotty the service was in Central Park as well. Councilor Howe also noted that there may be opportunity to extend Comcast service into other areas. R-Board Update. Councilor Howe said as of December 2015 the R-Board would be running out of space at the landfill. He said the R-Board is in a deficit situation. He has told the R-Board that if any additional funding from the City is used in bonding that the City should become true partners and not a lessee especially if it involves capital funding. He also spoke in regards to the RFP on the energy measures. Councilor Howe said the reason the RFP is out there is to explore all options for the dealing with the refuge and to extend the life of the R-Board. City Manager’s Consent Agenda Accepted for Transmittal as Recommended (D14-203 thru D14-212). Following review and as recommended, Councilor Kelly moved approval of the City Manager's consent agenda items; motion was seconded by Councilor Paolucci and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Ellis, Devine, Howe, Kelly, Paolucci and Solley. Nays (0). • Transmittal of the FRED Transit Progress Report – April 2014 (D14- 203). 18650 Regular Session 05/27/14 • Resolution 14-40, Authorizing the Use of $581,244 in Motor Fuels Taxes for the Virginia Railway Express and $25,800 for the Potomac and Rappahannock Transportation Commission for Fiscal Year 2015 (D14-204). • Resolution 14-41, First Read, Amending the Fiscal Year 2014 Budget by Appropriating Funding to Replace the Commonwealth Attorney’s Case Management Software (D14-205). • Resolution 14-42, Authorizing the Use of $172,500 of Motor Fuels Tax for Cowan Boulevard Streetlights and Twin Lakes Drive Street Improvements (D14-206). • Transmittal of Boards and Commission Minutes o Economic Development Authority – April 14, 2014 (D14-207). o Planning Commission – April 30, 2014 (D14-208). o Planning Commission – May 7, 2014 (D14-209). o Recreation Commission – April 17, 2014 (D14-210) o Taxi Board – February 27, 2014 (D14-211). o Taxi Board – March 13, 2014 (D14-212). Adoption of Minutes (D14-212.1). Councilor Kelly moved approval of the May 13, 2014 Public Hearing and Regular Session minutes and the May 20, Work Session minutes; motion was seconded by Councilor Paolucci and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Ellis, Devine, Howe, Kelly, Paolucci and Solley. Nays (0). 18651 Regular Session 05/27/14 Recreation Commission Appointments – Susan Tyler and James Bailey (D14-213). Councilor Kelly moved to suspend the rules to allow Ms. Susan Tyler to serve a third term on the Commission; motion was seconded by Councilor Devine and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Ellis, Devine, Howe, Kelly, Paolucci and Solley. Nays (0). Upon a motion Councilor Kelly moved to appoint Susan Tyler and James Bailey to the Recreation Commission; motion was seconded by Councilor Howe and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Ellis, Devine, Howe, Kelly, Paolucci and Solley. Nays (0). Rappahannock Area Community Services Board of Directors Reappointment – David Vaughn (D14-214). Upon a motion Councilor Howe moved to reappoint David Vaughn to the Rappahannock Area Community Services Board of Directors; motion was seconded by Councilor Devine and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Ellis, Devine, Howe, Kelly, Paolucci and Solley. Nays (0). Wetlands Board Reappointment – Bryan Hofmann (D14-215). Upon a motion Councilor Solley moved to reappoint Bryan Hofmann to the Wetland Board; motion was seconded by Councilor Devine and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Ellis, Devine, Howe, Kelly, Paolucci and Solley. Nays (0). Stafford Regional Airport Authority Reappointment – Hamilton Palmer (D14-216). Upon a motion Councilor Devine moved to reappoint Hamilton 18652 Regular Session 05/27/14 Palmer to the Airport Authority; motion was seconded by Councilor Howe and passed by the following unanimously recorded votes. Ayes (6). Councilors Greenlaw, Ellis, Devine, Howe, Kelly and Solley. Nays (0). Abstain (1). Councilor Paolucci. Board of Social Services Reappointment – Elizabeth Wasem (D14- 217). Upon a motion Councilor Kelly moved to reappoint Elizabeth Wasem to the Board of Social Services; motion was seconded by Councilor Paolucci and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Ellis, Devine, Howe, Kelly, Paolucci and Solley. Nays (0). Reappointment of the Council Representative for Rappahannock Emergency Medical Services Board of Directors – Scott Davis (D14- 218). Upon a motion Councilor Devine moved to reappoint Scott Davis to the Rappahannock Emergency Medical Services Board of Directors; motion was seconded by Councilor Howe and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Ellis, Devine, Howe, Kelly, Paolucci and Solley. Nays (0). Resolution 14-43, Approved, Denying the Application of Employment Resources, Inc. for a Real Estate Tax Exemption on 404 Willis Street (GPIN 7779-91-5421) (D14-223). Ms. Joan McLaughlin, Executive Director spoke stating that they contribute greatly to the region and she said she understood the concern for removing this amount from the tax rolls. She also stated that they have never come to the City for money in the entire 24 years she’s been with the organization. She stated that they did not need it forever they just wanted the money to pay for the remaining property that needed renovating (old jail property). She asked 18653 Regular Session 05/27/14 Council to review why those already on the tax exempt program would continue to get tax exemptions and new applicants would not have that option. Mayor said the Council was faced with a difficult situation but she said from this point forward the City cannot keep giving out tax exemptions. Councilor Paolucci said she had an issue with that because the City accepted the application before the moratorium was in place. Assistant City Manager Whitley explained that Council could consider it through the budget process. Councilor Paolucci moved to approve the application for tax exemption for 404 Willis Street (GPIN 7779-91-5421); motion was seconded by Councilor Solley and failed by the following recorded vote. Ayes (3). Councilors Devine, Kelly and Paolucci. Nays (4) Councilors Greenlaw, Ellis, Howe and Kelly. Councilor Kelly moved to approve Resolution 14-43, denying the application of Employment Resources, Inc. for a real estate tax exemption on 404 Willis Street (GPIN 7779-91-5421); motion was seconded by the following recorded votes. Ayes (4). Councilors Greenlaw, Ellis, Howe and Kelly. Nays (3). Councilors Devine, Kelly and Paolucci. Resolution 14-44, Approved, Authorizing the City Manager to Execute a Performance Agreement With STH3 Operating Co. LLC, DBA Sedona Taphouse and the Fredericksburg Economic Development Authority, for Tax Incentives in the Downtown/Princess Anne Street Corridor Tourism Zone (D14-224). After a brief staff overview councilor Devine asked how the hours of the positions translated to full-time positions. City Manager 18654 Regular Session 05/27/14 Cameron stated that most would be part-time positions. Mr. Dennis Barbarrow, applicant stated that they plan to create 40 full-time jobs, but he wasn’t clear on how that would breakdown. He explained that he would love to have all full-time employees but they are not sure what the applicants would look like. He stated that in Midlothian and in Charlottesville they have about 28-30 full-time and 13 part-time. Councilor Kelly said he loves to welcome more businesses to the City but questioned, why downtown. He said the downtown does not have the infrastructure to keep supporting this type of development. He said he does not understand why the City keeps incentivizing businesses downtown because there has been many restaurants that have come and gone. Mr. Barbarrow suggested that maybe they weren’t the right restaurants. He said they are proud to have won the best in Virginia for three years in a row and their Charlottesville restaurant was up for nine awards. He said they have given away $75,000 to charitable organizations. He said within the first five years it should net well over $1 million for the City. Upon a motion and as recommended Councilor Paolucci moved to approve Resolution 14-44, authorizing the City Manager to execute a Performance Agreement with STH3 Operating Co. LLC, DBA Sedona Taphouse and the Fredericksburg Economic Development Authority, for tax incentives in the Downtown/Princess Anne Street Corridor Tourism Zone; motion was seconded by Councilor Devine and passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Ellis, Devine, Howe, Paolucci and Solley. Nays (1). Councilor Kelly. 18655 Regular Session 05/27/14 Ordinance 14-24, First Read Approved, Assessing a $5 Fee in Criminal and Traffic Cases in General District and Circuit Court, to Fund the Costs of an Electronic Summons System (D14-225). Upon a motion and as recommended Councilor Kelly moved to approve Ordinance 14-24, on first read, assessing a $5 fee in criminal and traffic cases in General District and Circuit Court, to fund the costs of an Electronic Summons System; motion was seconded by Councilor Paolucci and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Ellis, Devine, Howe, Kelly Paolucci and Solley. Nays (0). Ordinance 14-25, First Read Approved, Amending the Chesapeake Bay Preservation Act Overlay District Regulations, to Permit a Larger Construction Footprint and to Place Administrative Authority in the Stormwater Administrator (D14-226). Upon a motion and as recommended Councilor Kelly moved to approve Ordinance 14-25, on first read, amending the Chesapeake Bay Preservation Act Overlay District Regulations, to permit a larger construction footprint and to place administrative authority in the Stormwater Administrator; motion was seconded by Councilor Devine and passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Ellis, Devine, Howe, Kelly and Paolucci. Nays (1). Councilor Solley. Motion to Suspend the Rules. Councilor Kelly moved to suspend the rule to extend the meeting past the 11:00 p.m. hour; motion was seconded by Councilor Devine and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Ellis, Devine, Howe, Kelly Paolucci and Solley. Nays (0). 18656 Regular Session 05/27/14 Resolution 14-45, First Read Approved, Appropriating Funds for the Fredericksburg City Public Schools for Fiscal Year 2015 (D14-219). Councilor Devine disclosed that she was a member of a business, profession, occupation or group of three or more members affected by the transaction, namely employees of the Fredericksburg Public Schools but that she was able to participate in the transaction fairly, objectively and in the public interest. Upon a motion and as recommended Councilor Kelly moved to approve Resolution 14-45, on first read, appropriating funds for the Fredericksburg City Public Schools for Fiscal Year 2015; motion was seconded by Councilor Paolucci and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Ellis, Devine, Howe, Kelly Paolucci and Solley. Nays (0). Motion to Suspend the Rules. In order to place Resolution 14-45 on for second read Councilor Kelly moved to suspend the rules; motion was seconded by Councilor Paolucci and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Ellis, Devine, Howe, Kelly Paolucci and Solley. Nays (0). Resolution 14-45, Second Read Approved, Appropriating Funds for the Fredericksburg City Public Schools for Fiscal Year 2015 (D14- 219). Upon a motion and as recommended Councilor Kelly moved to approve Resolution 14-45, on second read, appropriating funds for the Fredericksburg City Public Schools for Fiscal Year 2015; motion was seconded by Councilor Paolucci and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Ellis, Devine, Howe, Kelly Paolucci and Solley. Nays (0). 18657 Regular Session 05/27/14 Resolution 14-46, First Read Approved, Appropriating Funds for Fiscal Year Beginning July 1, 2014 Through June 30, 2015 (D14-220). Upon a motion and as recommended Councilor Solley moved to approve Resolution 14- 46, on first read, appropriating funds for Fiscal Year beginning July 1, 2014 through June 30, 2014; motion was seconded by Councilor Devine. Councilor Kelly thanked staff for the hard work on the budget and he said he supported giving staff a raise, hiring of EMS staff, supported funding to the neighborhoods and funding for the Riverfront Park but said he had an issue with funding Sheriff’s Deputies and Court Clerk personnel because they should be State supported positions. He said the State continues to cut their budgets and cost the City more money and that money could be used for critical positions such as a Preservationist for the Planning Department and because of this he could not support the budget. Councilor Howe said he knew the day would come when the Courts would costs the City and it is about a nine cent increase to the City. He also applauded staff for the work on the budget and for addressing the older neighborhoods and because of that he said he would support the budget. The motion passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Ellis, Devine, Howe, Paolucci and Solley. Nays (1). Councilor Kelly. Motion to Suspend the Rules. In order to place Resolution 14-46 on for second read Councilor Solley moved to suspend the rules; motion was seconded by Councilor Howe and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Ellis, Devine, Howe, Kelly Paolucci and Solley. Nays (0). Resolution 14-46, Second Read Approved, Appropriating Funds 18658 Regular Session 05/27/14 for Fiscal Year Beginning July 1, 2014 Through June 30, 2015 (D14- 220). Upon a motion and as recommended Councilor Solley moved to approve Resolution 14-46, on second read, appropriating funds for Fiscal Year beginning July 1, 2014 through June 30, 2014; motion was seconded by Councilor Devine and motion passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Ellis, Devine, Howe, Paolucci and Solley. Nays (1). Councilor Kelly. Ordinance 14-26, First Read Approved, Setting the Real Estate Tax Rate at $0.79 Per Every $100.00 of Assessed Value of Real Estate for Fiscal Year 2015 (D14-221). Upon a motion and as recommended Councilor Devine moved to approve Ordinance 14-26, on first read, setting the Real Estate Tax Rate at $0.79 per every $100.00 of assessed value of Real Estate for Fiscal Year 2015; motion was seconded by Councilor Ellis and passed by the following recorded votes. Ayes (5). Councilors Greenlaw, Ellis, Devine, Paolucci and Solley. Nays (2). Councilors Howe and Kelly. Motion to Suspend the Rules. In order to place Ordinance 14-26 on for second read Councilor Devine moved to suspend the rules; motion was seconded by Councilor Solley and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Ellis, Devine, Howe, Kelly Paolucci and Solley. Nays (0). Ordinance 14-26, Second Read Approved, Setting the Real Estate Tax Rate at $0.79 Per Every $100.00 of Assessed Value of Real Estate for Fiscal Year 2015 (D14-221). Upon a motion and as recommended Councilor Devine moved to approve Ordinance 14-26, on second read, setting the Real Estate Tax 18659 Regular Session 05/27/14 Rate at $0.79 per every $100.00 of assessed value of Real Estate for Fiscal Year 2015; motion was seconded by Councilor Solley and passed by the following recorded votes. Ayes (5). Councilors Greenlaw, Ellis, Devine, Paolucci and Solley. Nays (2). Councilors Howe and Kelly. Ordinance 14-27, First Read Approved, Amending the Refuse Collection, Water and Sewer and EMS Transport Services Fees, Rates, and Charges (D14-222). Upon a motion and as recommended Councilor Kelly moved to approve Ordinance 14-27, on first read, amending the refuse collection, water and sewer and EMS transport services fees, rates and charges; motion was seconded by Councilor Solley and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Ellis, Devine, Howe, Kelly Paolucci and Solley. Nays (0). Motion to Suspend the Rules. In order to place Ordinance 14-27 on for second read Councilor Kelly moved to suspend the rules; motion was seconded by Councilor Devine and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Ellis, Devine, Howe, Kelly Paolucci and Solley. Nays (0). Ordinance 14-27, Second Read Approved, Amending the Refuse Collection, Water and Sewer and EMS Transport Services Fees, Rates, and Charges (D14-222). Upon a motion and as recommended Councilor Kelly moved to approve Ordinance 14-27, on second read, amending the refuse collection, water and sewer and EMS transport services fees, rates and charges; motion was seconded by Councilor Solley and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Ellis, Devine, Howe, Kelly Paolucci and Solley. Nays 18660 Regular Session 05/27/14 (0). City Manager’s Report and Council Calendar (D14-227 thru D14- 228). City Manager Cameron asked if there were any questions regarding the Manager’s report or the Council Calendar. Activities highlighted on the report were as follows: Police Captain Receives Award from Marine Corps Historic Half, City Successfully Hosts the Seventh Historic Half Marathon, A Historic Half Wedding, Summertime Hazard Awareness Program, New Emergency Notification System, New Applicant Tracking System, Fall Hill Avenue Canal Bridge and Building Construction Reports for March and April 2014. Adjournment. There being no further business to come before the Council at this time, Mayor Greenlaw declared the meeting officially adjourned at 11:18 p.m. __________________________________ Mary Katherine Greenlaw, Mayor _____________________________ Tonya B. Lacey, Clerk of Council, CMC 18661 Regular Session 05/27/14 [This page intentionally left blank.] 18662