City Council

Public Hearing 07/14/15 CITY OF FREDERICKSBURG, VIRGINIA HON. MARY KATHERINE GREENLAW, MAYOR HON. WILLIAM C. WITHERS, JR., VICE -MAYOR, WARD TWO CITY COUNCIL HON. KERRY P. DEVINE, AT-LARGE HON. MATTHEW J. KELLY, AT-LARGE HON. BRADFORD C. ELLIS, 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 July 14, 2015 The Council of the City of Fredericksburg, Virginia, held a public hearing on Tuesday, July 14, 2015, beginning at 7:31 p.m. in the Council Chambers of City Hall. City Council Present. Mayor Mary Katherine Greenlaw, Vice-Mayor William C. Withers, Jr. and Council members Kerry P. Devine, Dr. Timothy P. Duffy, Bradford C. Ellis, Charlie L. Frye, Jr. and Matthew J. Kelly. Also Present. City Manager Beverly R. Cameron, Assistant City Manager Mark Whitley, City Attorney Kathleen Dooley, Planning Director Charles Johnston, Zoning Administrator Michael Craig, Development Administrator Marne Sherman, Public Works Director Doug Fawcett, Assistant Director of Economic Development Bill Freehling and Clerk of Council Tonya B. Lacey. Notice of Public Hearings (D15-245 thru D15-248). The Clerk read the notice of the public hearings as they appeared in the local newspaper, the purpose being to solicit citizen input. Ordinance 15-15, First Read Approved , Authorizing the Abandonment, Vacation, and Quit-Claim of a Portion of Avenue H, Avenue I, Payne Street, and Parcell Street, for the Cowan Crossing Residential Development (D15-245 thru D15-246). – 2 speakers. After a brief 19001 Public Hearing 07/14/15 presentation from staff Councilor Ellis had a few question for clarification. He asked whether there were any issues with the property owner on the vacation when it was originally adopted and Ms. Sherman said they had a letter that was signed by the local representative stating they understood and they would participate in the vacation request as well as participate in the boundary line adjustment. He also asked if the macro level of the project had changed and Ms. Sherman said it had not, it was only the small piece which was adjusted slightly. Finally, he asked what would happen if the HOA asked the City to take over the road which will be a public roadway but was the responsibility of the homeowners association. Ms. Sherman explained that it would be a decision made by the Council. Councilor Frye asked what effect the changes would have on the safety vehicles and whether it would affect service calls. Ms. Sherman explained that the roadway had been reviewed by the appropriate staff and there were no concerns. Richard Stuart, Attorney for Cowan Miller, LLC, stated that the funeral home agreed in the beginning to the utilization of what was a public right-of-way and changed their minds. Therefore, Cowan Miller moved the right-of-way and put it on their land to address their concerns. Ryguy Mau Muhammed, 1112 Caroline Street, stated that while the City was considering residential development he asked Council to consider solar panels because they were profitable. Councilor Kelly moved approval of Ordinance 15-15, on first read, authorizing the abandonment, vacation, and quit-claim of a portion of Avenue H, Avenue I, Payne Street, and Parcell Street, for the Cowan Crossing Residential Development; motion was 19002 Public Hearing 07/14/15 seconded by Vice-Mayor Withers and passed by the following recorded vote. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). Suspension of the Rules. In order to place Ordinance 15-15 on for second read Councilor Kelly moved to suspend the rules; motion was seconded by Vice-Mayor Withers and passed by the following recorded vote. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). Ordinance 15-15, Second Read Approved, Authorizing the Abandonment, Vacation, and Quit-Claim of a Portion of Avenue H, Avenue I, Payne Street, and Parcell Street, for the Cowan Crossing Residential Development – Councilor Kelly moved approval of Ordinance 15-15, on second read, authorizing the abandonment, vacation, and quit-claim of a portion of Avenue H, Avenue I, Payne Street, and Parcell Street, for the Cowan Crossing Residential Development; motion was seconded by Vice-Mayor Withers and passed by the following recorded vote. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). Ordinance 15-16, First Read Approved, Rezoning Approximately 11 Acres of Land Located Behind the Noble Auto Park from CH (Conditional) to CH (Conditional) by Accepting Amended Proffers (D15-247 thru D15-248). – 5 speakers. Zoning Administrator Craig stated that the issue was whether the Council should change the proffer and General Development Plan (GDP) of the property from commercial use, which allows 92 multi-family or townhome units, to 128 multi-family residential units. He gave a general background on the project 19003 Public Hearing 07/14/15 stating it was a 10.974 acre parcel that was zoned Commercial-Highway (C-H) with conditions. The parcel is located behind two auto dealerships and flanked by R-2 zoning to the west and I-95 to the east. The current zoning is C-H with conditions and the conditions limited land use on 3.34 acres for motor vehicle dealerships or associated uses for the next nine years, after which that expires. The remaining 7.634 acres may be developed for most of the general commercial uses allowed in the C-H zoning district to include up to 92 multi-family dwelling units. The existing zoning was developed before the Unified Development Ordinance (UDO) was adopted and it included a proffer that limits site access through a single roadway, which is Noble Way, and does not provide interconnectivity to future development. The propose zoning would remain C-H but the conditions of the property would be revised by removing the limitation on the 3.34 acres and a GDP will be developed to only permit the development of 128 multi-family units. The project includes architectural elevations, large open spaces, a clubhouse, a pool, and a carwash for the residents use. The GDP conforms to the UDO and it is designed for the interconnectivity to the parcels to the west of the site. The applicant has proffered to work with the owners of Lot 1 and Lot 2 to build pedestrian access to Fall Hill Avenue across those properties. The proposed zoning includes buffering between the project and Interstate 95, as well as around the auto dealerships. The proposed zoning includes cash proffers to offset its impacts on public roads, schools and safety systems in the amount of $110,000. He also noted that there was an existing proffer that says when a site plan is turned in on the third lot, lots 1 and 2 can be asked to undertake a traffic study and any recommendations that traffic study produces will need to be implemented. Mr. Craig also stated that the current zoning permits seven plus acres for residential use and by 19004 Public Hearing 07/14/15 2024 residential use will be allowed on the entire 11 acres and it would come without proffers to offset the impacts from this development on public facilities. Mr. Craig gave some general information to address questions on federally subsidized housing. There are roughly 4,715 multi-family residential units in the City. Three of these projects Forest Village, Heritage Park and Hazel Hill (541 units) are federally subsidized as well as one elderly project, Mill Park Terrace (202 units). Since 1974, 1,627 multi-family units have been approved and built through the federal low- income housing tax credit program. Fifty percent of the City’s residential units have used either of the two programs. The applicant will utilize the Federal Workforce Housing Tax Credit Program which is different. Mr. Craig also noted that Section 8 is a separate program which is run by the Central Virginia Housing Coalition and the Fredericksburg region no longer issues housing vouchers. VHDA controls whether people using vouchers from other regions can come here and locate. It would be up to the individual apartment complexes whether they will accept the Section 8 housing vouchers. Vice-Mayor Withers asked how this project could move forward if the road was owned and controlled by Rosner and Mr. Craig said that was still not determined. He addressed the proffer that requires them to do a traffic study. It may or may not solve the issue. Vice-Mayor Withers asked what would happen if Rosner did not allow the use of the road and Mr. Craig said the applicants would be able to use it because the applicant has proffered the legal right for the general public to use their roads that will be extended in the future and they will provide a degree of cross access. Vice-Mayor Withers said to give up the proffers for an apartment complex that he feels does not fit the Comprehensive Plan (Comp Plan) was not something he could 19005 Public Hearing 07/14/15 support. Councilor Ellis asked how much commercial square footage was in Central Park and Mr. Craig said there was above 3 million. He also asked if more commercial space was built would the City be competing against itself since so much of the retail the City has is currently underutilized and Mr. Craig said there are some Planning Commissioners that feel there are more residential units needed to support the commercial we have. Councilor Ellis asked if staff thought this was the best use for the land and Mr. Craig said they looked at two things, the Comp Plan which says Planned Developed Commercial, but they support it because they feel there needed to be residential in that area. The second thing they look at is the form and he said they were nailing a good form. Councilor Devine asked staff what was allowable by right. Mr. Craig said there were currently conditions on the property that effect what is allowed by-right. The property allows most of the commercial uses in the C-H zone, also allowable by-right on the 7.634 acres are 92 residential units (multi-unit or townhomes) and on the 3.34 acres only automobile dealerships are allowed by-right. Mayor clarified that the current zoning would allow 92 residential units but the proposed change will allow an additional 36 units. Councilor Ellis further clarified that if Council does not approve the proposed changes then the applicant would build the 92 units and the City would not have any say in it and the City would not get anything, but if the changes were approved the City would receive proffers to include $90,000 for schools, $91,000 for intersection improvements and $19,000 towards fire and rescue. Councilor Frye expressed his concerns that he felt it would be disrespectful to remove the 20 year proffer on the property that was placed there by the Council in 2004. 19006 Public Hearing 07/14/15 He also added that he was pretty sure those proffers were part of the reason Noble decided to move their business from Stafford. He said he could not support this project for those reasons. Charlie Payne, attorney representing the applicant, Hirschler Fleischer, 725 Jackson Street, presented a PowerPoint that gave a project overview, project request, discusses the Comp Plan, provided affordable housing program information, covered key proffers, showed the GDP, showed examples of exteriors of other projects and the proposed project, as well as the common areas, interiors and amenities. Mr. Payne said they are trying to attract young professionals and retirees therefore there was an absence of playing fields and tot lots. He noted that this was not Section 8 or subsidized public housing. He said they do have access across Noble Way, they would proffer and provide improvements for the intersection that will benefit the businesses in front of the proposed property. Mr. Payne addressed the comments from Councilor Frye regarding prior approved proffers stating that economics change, markets change and sometimes there is a need to adjust prior approved projects. Councilor Ellis also addressed the comment made by Councilor Frye stating that if the Council operated by not changing prior Council’s decisions there would never be any change. He also said he could not see another auto dealership locating behind the two current dealerships. Councilor Ellis expressed concerns that this new complex would cause people already living in the older complexes to move into the new complex and cause the older complexes to be run down. He asked what the applicant’s experience was with their existing complexes. Mr. Payne noted that the applicant manages many complexes in Virginia and North Carolina and they hold on to their properties for some 19007 Public Hearing 07/14/15 time. Their business model is to hold on to their properties and with the VHDA portion they have to hold on to their property for 15 years or more. He said in the past when they have built new complexes it has caused the neighbors to spruce up their facilities so they do not lose their tenants. Tom Johnson, S.L. Nausbaum Realty, Norfolk, VA, explained that they had a 40 year old property in Norfolk, VA and a new apartment complex built near it and they started losing tenants so they renovated the property and added a clubhouse and pool so that they would not lose their tenants. He said when new apartments are built in the area it causes the older complexes to spruce up their complexes. Councilor Kelly asked for a snapshot of the tenants at the complexes in Norfolk and Chesapeake as well as the number of students generated by those locations. Mr. Johnson said they keep track of the demographics, but he explained that the demographics here would be very different from those in Norfolk. He said when they finance the apartments there are income and rent limits and the City is in the Washington, DC, metropolitan area therefore the rent limits are based on those income and rent limits. The demographics would be different here than they are in Norfolk because of those limits. He said majority of the tenants are part-time college students, young professionals, military, nurses, hospital technician and a lot of retirees. He said the students generated may be close to what the Seasons at Celebrate has generated. Councilor Ellis noted that the average kids generated for an apartment complex is .25 kids, the Seasons at Celebrate generated .07 kids which was well below the average. Owaiian Jones, Fredericksburg, VA, asked what the applicant meant when he said the apartments were not Section 8 housing. He said Section 8 housing was for 19008 Public Hearing 07/14/15 people who needed supplemental income. He asked does it matter that people of different economic class live together. Mayor Greenlaw explained that the distinction was made to address the type of VHDA financing they were using. Tom Only, 601 Amelia Street, Rosner Group, spoke in opposition of the project because he was concerned with the safety of the traffic as well as the foot traffic that will be generated from the development through the dealership. He was also very concerned with the buffer stating that it would not secure the vehicles on his lot and now he would have to find a way to secure his vehicles. Harold Bannister, 1901 Fall Hill Avenue, asked what the projected populations build out was expected to be, and what infrastructure would be needed for that area. What will the impact be for the total build out of the project and he would like the applicant to elaborate on the number of school children they plan to generate. Mr. Payne addressed the public’s comments he noted that the VHDA tax credit program was a workforce tax credit program and the market range for the median income is from $45,000 to $76,000 which was different from Section 8 or any subsidized program. He said they believe they are providing a benefit to their neighbors by providing a fully functional light at the intersection, and they would provide cash for the infrastructure in the area. The impact on the schools they are estimating about nine students, if you look at what the Seasons at Celebrate generate. The proffer amendments include eight students which they are proffering $100,000 towards. Councilor Kelly noted that he was one of the Councilors in office in 2004 when the 20 year proffer was put in place but he said the world has changed and the City has to 19009 Public Hearing 07/14/15 look at changes to see what works. He noted the millennia’s want to live where the property is low maintenance and close by entertainment venues. Many localities are looking at these types of projects because they are trending right now. Councilor Kelly noted this would provide a place to live for teachers, police and fire and he said it was owed to them to live and work in the City. Vice-Mayor Withers said he did not think it was a bad project he just thought it was in the wrong location. He noted that there was 37% homeownership in the City, 63% rentals and he said he was all for more homeowners. He expressed concern that more residential units would require more schools. Councilor Frye said he understood that economics change but he said there were rules and considering the timeframe on the proffers he could not support it. Councilor Duffy said he was torn on this project. He was concerned with a four story building being placed on the side of Interstate 95. He also expressed concern with how well it would fit in the area and the walkability for the tenants. Councilor Ellis moved approval of Ordinance 15-16, on first read, rezoning approximately 11 acres of land located behind the Noble Auto Park from CH (Conditional) to CH (Conditional) by accepting amended proffers; motion was seconded by Councilor Kelly. Councilor Devine said she felt it would attract more tenant with the amenities than it would without. She expressed her concern that the City did not have a proffer program in place and she added it would be hard to hold up a project because of proffers. She also shared in the concerns for adding students to the school system and for the safety of those living in the area. 19010 Public Hearing 07/14/15 Mayor Greenlaw said there was no question that apartments would be built on this property the question was how many and what amenities would it have. She was in support stating that this was a good developer. After some continued discussion the motion passed by the following recorded vote. Ayes (5). Councilors Greenlaw, Devine, Duffy, Ellis and Kelly. Nays (2). Councilors Withers and Frye. Adjournment. There being no speakers to come before the Council at this time, Mayor Greenlaw declared the hearing officially adjourned at 9:01 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 19011 Public Hearing 07/14/15 [This page intentionally left blank.] 19012 Regular Session 07/14/15 CITY OF FREDERICKSBURG, VIRGINIA HON. MARY KATHERINE GREENLAW, MAYOR HON. WILLIAM C. WITHERS, JR., VICE -MAYOR, WARD TWO CITY COUNCIL HON. KERRY P. DEVINE, AT-LARGE HON. MATTHEW J. KELLY, AT-LARGE HON. BRADFORD C. ELLIS, 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 July 14, 2015 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, July 14, 2015, beginning at 7:30 p.m. in the Council Chambers of City Hall. City Council Present. Mayor Mary Katherine Greenlaw, Vice-Mayor William C. Withers, Jr. and Council members Kerry P. Devine, Dr. Timothy P. Duffy, Bradford C. Ellis, Charlie L. Frye, Jr. and Matthew J. Kelly. Also Present. City Manager Beverly R. Cameron, Assistant City Manager Mark Whitley, City Attorney Kathleen Dooley, Planning Director Charles Johnston, Zoning Administrator Michael Craig, Development Administrator Marne Sherman, Public Works Director Doug Fawcett, Assistant 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 Bradford C. Ellis followed by the Pledge of Allegiance led by Mayor Mary Katherine Greenlaw. Officer Recognized. Mayor Greenlaw recognized the presence of Officer Stuart Butterfield at this evening’s meeting. Public Hearing Conducted (D15-245 thru D15-248). The regular session was recessed in order to conduct the scheduled public hearings and immediately 19013 Regular Session 07/14/15 reconvened upon their conclusion. Citizen Comment. The following speakers came forward to participate in the citizen comment portion of this evening's meeting. Stacy Garcia, 431 Progress Street, encouraged Council not to amend the UDO to define social service delivery. She did not think this was necessary and she said she did not feel Council would be in violation of Religious Land Use and Institutionalize Persons Act (RLUIPA). She said giving a by-right to social service delivery would be dangerous. Dave Torrans (D15-249), 1910 Washington Avenue, spoke against amending the C-T zone to include social service delivery. He stated his concerns with the statement made by Micah that they would eradicate homelessness by 2016. He also stated that Micah was considering people residents of the City after they had only been in the City for 24 hours. He said the members of the Micah Board should not be telling the City what to do because they do not live in the City. Mr. Torrans read an excerpt from Ms. Stacey Garcia’s letter (See highlights in D15-249). Harold Bannister, 1901 Fall Hill Avenue, stated that the text amendment for social service delivery was flawed. He said the amendment would allow other social service delivery facilities in the area and this would hurt the neighborhood. He said this would affect many neighborhoods in the City if it was allowed. Councilor clarified to the public that this was being proposed as a special use permit and not as a by-right use. Mike Taggert, 425 Bunker Hill Street, spoke on the many issues they have had in the neighborhood since he moved in. He requested Council to remove the social service use from both the C-T and C-D zoning districts and allow it by special use permit in all 19014 Regular Session 07/14/15 other areas. Susan Pates (D15-250), 2010 Fall Hill Avenue, stated that her neighborhood was tolerant of a lot, but there were limits and she asked Council to vote against the amendment to allow social service delivery in their neighborhood. (See D15-250 for entire statement) Dr. Owiaan Jones, Fredericksburg, VA, spoke in support of the homelessness and asked everyone to try and help them out. Lynn Goodall (D15-251), 2109 Fall Hill Avenue, stated that amending the ordinance for this service was just a band-aid fix on the homeless issue. She felt the City had no plan and the non-profits were leading the City. She was in opposition of the amendment. (See D15-251 for full statement). Bill West, 1311 Princess Anne Street, stated there had not been any changes to the Happy Endings Bar. He said he came home at 11:30 to find 18 people on the sidewalk smoking in front of his yard. He said he could not enjoy his property because the bar’s clientele was overrunning everything. Greg Jennings, 1905 Washington Avenue, Pastor of Common Grounds Church, spoke in support of those in poverty. He said he is scared to live in a community that has pushed out those skill, abilities, love and the heart to pray for those in need in the City. He said they are doing their best to walk closely with those in need. He said let those heroes who know this work do what they do. Don Brown, 308 Progress Street, said he lives in the C-T zone and said there must be due diligence to the community. He asked council to consider how the zoning change would attribute to the neighborhood. He requested Council to consider what this change 19015 Regular Session 07/14/15 would do to the area which already need revitalization. He also asked Council to vote no. Meghann Cotter (D15-252), Executive Servant-Leader, Micah Ecumenical Ministries, stated that she and the Micah Board has heard everyone’s concerns and that they would like to talk to the neighbors to see if they could come to some common ground. (See D15-252 for full statement). Florence Ridderhof, 913 Mortimer Avenue, stated that she was saddened by all of the anger. She has worked with the homeless for many years and she also suggest everyone work together and use their imagination to help the homeless. Council Agenda Presented. The following items were presented to Council. 7A. Ordinance 15-17, First Read, Removing the Ward Residency Requirement for Clean and Green Commission Members – Councilor Devine 7B. Central Rappahannock Heritage Center Lease – Councilor Kelly 7C. Martin Luther King, Jr. Bridge Update – Councilor Frye 7D. Restaurant and Bar Hours in Commercial-Transitional District – Councilor Ellis Ordinance 15-17, First Read Approved, Removing the Ward Residency Requirement for Clean and Green Commission Members (D15-253). Councilor Devine explained the purpose for removing the ward residency requirement for the Clean and Green Commission members. Councilor Devine made a motion to approve Ordinance 15-17, on first read, removing the ward residency requirement for Clean and Green Commission Members; motion was seconded by Councilor Kelly and passed by the following recorded vote. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). 19016 Regular Session 07/14/15 Suspension of the Rules. In order to place Ordinance 15-17 on for second read Councilor Devine moved to suspend the rules; motion was seconded by Vice-Mayor Withers and passed by the following recorded vote. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). Ordinance 15-17, Second Read Approved, Removing the Ward Residency Requirement for Clean and Green Commission Members. Councilor Devine made a motion to approve Ordinance 15-17, on second read, removing the ward residency requirement for Clean and Green Commission Members;’ motion was seconded by Councilor Kelly and passed by the following recorded vote. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). Central Rappahannock Heritage Center Lease (D15-254). Councilor Kelly made a motion to amend Central Rappahannock Heritage Center’s lease agreement from $2,000 per month to $1,000 a month; motion was seconded by Councilor Devine and passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). Recused (1). Councilor Withers. Martin Luther King, Jr. Bridge Update. Councilor Frye deferred the update until the September 8, 2015 meeting. Restaurant and Bar Hours in Commercial-Transitional District – Councilor Ellis stated that he wanted to give staff direction on the C-T Ordinance. He requested the ordinance be placed on the August 11 agenda for consideration and he would like it to state that all restaurants and bars in the C-T zone be required to close their doors at 10:00 p.m. 19017 Regular Session 07/14/15 Mayor Greenlaw noted that staff was scheduled to bring a report back with a recommendation at the first meeting in August. Councilor Kelly said the staff was only bringing a report and Councilor Ellis was asking for a revised ordinance closing bars and restaurants at 10:00 p.m. so a vote could be taken. Vice-Mayor Withers stated that taking action would be based on the actions of one business and he asked Council to consider 11:00 p.m. during the week and 12:00 a.m. on the weekends. He also expressed his concern for all businesses in other zoning districts that are open until 2:00 a.m., which he feels should be changed and he would like to review that as well. Councilor Frye said he understands wanting to get a vote, but he would like to wait on staff to make sure all angles are covered. He also noted that he would like to request that bars that stay open late be required to serve food. Mayor Greenlaw stated that part of the report would include the ABC regulations and it may pertain to Councilor Frye’s request. Councilor Devine said Council does need to look at the hours, but needed to see what would work for both businesses and residents. She would like to see how many establishments they would be looking at in the C-T zones. The C-T zone was tricky and it has to have the right mix of residential and commercial. Councilor Ellis stated the reason he wanted an ordinance was to have something tangible to take action on. His concern was that the Council would only get a report and no action taken. He suggested to staff to have different ordinances so they would have several options to look at and take action on. 19018 Regular Session 07/14/15 Mr. Johnston reminded Council that before any action could be taken it would have to be referred to the Planning Commission for public hearing. Councilor Kelly clarified that the option would be to limit the hours of operation and Mr. Johnston said they had planned to also look at the type of businesses that are allowed in the C-T zone as well. City Manager’s Consent Agenda Accepted for Transmittal as Recommended (D15-255 thru D15-260). Following review and as recommended, Councilor Kelly moved approval of the City Manager's consent agenda item; motion was seconded by Councilor Devine and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). • Transmittal of the FRED Transit Progress Report – June 2015 (D15-255). • Resolution 15-39, Second Read, Amending the Fiscal Year 2015 Budget for Appropriating a Total of $1,940,000 in Prior Year Funding Committed to Current Year Projects (D15-256). • Resolution 15-41, Second Read, Amending the Fiscal Year 2016 Budget to Appropriate Funding Related to the Primary Extension Paving Program (D15- 257). • Resolution 15-42, Amending the Fiscal Year 2016 Budget by Using $12,214 of General Fund Contingency for the City’s Share of a Regional Project to Improve River Gauges in the Upper Rappahannock Basin (D15-258). • Ordinance 15-18, First Read, Restating the Personal Property Tax Exemption for Personal Household Property (D15-259). 19019 Regular Session 07/14/15 • Transmitting a Memo in Response to Council’s Inquiry About the Litter Ordinance (D15-260). Adoption of Minutes. Councilor Kelly moved approval of the June 23, 2015 Public Hearing and Regular Session minutes; motion was seconded by Vice-Mayor Withers and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). Appointments to the Fredericksburg Arts Commission – Jay Downey and Sue Henderson (D15-261). Councilor Devine moved to appoint Jay Downey and Sue Henderson to the Fredericksburg Arts Commission; motion was seconded by Councilor Kelly and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). Appointment to the Wetlands Board – Gregory Rolf (D15-262). Councilor Devine moved to appoint Gregory Rolf to the Wetlands Board; motion was seconded by Councilor Kelly and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). Resolution 15-43 Approved, Authorizing the City Manager to Execute the Fiscal Year 2016 Asphalt Rehabilitation Program Contract With Arthur Construction Company, Inc. in the Amount of $1,820,000 (D15-263 thru D15-264). After staff presentation and some council discussion Councilor Kelly made a motion to approve Resolution 15-43, authorizing the City Manager to execute the Fiscal Year 2016 Asphalt Rehabilitation Program Contract with Arthur Construction Company, Inc. in the amount of $1,820,000; motion was seconded by 19020 Regular Session 07/14/15 Councilor Devine and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). Resolution 15-44, Approved, Authorizing the City Manager to Renew a Lease with Princess Anne Building, LLC for Public Parking in Downtown Fredericksburg (D15-265). Mayor Greenlaw noted that previously she had a conflict because of her job as a realtor, but she has since retired and no longer has a conflict. After staff presentation Councilor Kelly asked about parking for Sedona in the Princess Anne parking lot. He wanted to know if the deal had been finalized, whether there were going to be charged for that and had staff talked with other businesses downtown about using the spaces for their businesses. Mr. Freehling said the Sedona agreement involved a commitment to the City, a payment to the City in combination with a fee in-lieu as well as six spaces provided to the restaurant and he said there were no other restaurants currently looking at using those spaces. Councilor Kelly asked what the City would get from Sedona when they open and start using the spaces. Mr. Freehling said the agreement provided for them to give the City an upfront financial payment which satisfies their parking requirement. Councilor Kelly requested a copy of the agreement. Councilor Ellis made a motion to approve Resolution 15-44, authorizing the City Manager to renew a lease with Princess Anne Building, LLC for public parking in downtown Fredericksburg; motion was seconded by Vice-Mayor Withers and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). Councilor Frye requested staff advertise the location of the parking lot. Mr. 19021 Regular Session 07/14/15 Freehling said it would be in there next newsletter which would be widely distributed. Ordinance 15-19, First Read Approved, Amending the Unified Development Ordinance to Define “Social Service Delivery” Uses and Provide for Their Location in the City (D15-266). Planning Services Director Johnston gave a brief overview of the public hearing that was held at the last Council meeting. Councilor Kelly noted that this issue was not going away and it will need to be dealt with. In regards to the definition, he said it was important to have a definition because it had a different use and different impacts and they needed to be addressed. He was concerned that during Planning Commission discussions they wanted to ensure neighborhoods had a say but they only mentioned Commercial-Transitional (C-T) and Commercial-Downtown (C-D) and the neighborhoods around them. He clarified a comment made, that all neighborhoods were surrounded by C-T but that was not true. He said there are neighborhoods backed up by C-D and Commercial-Highway (C-H). He went further to say, there was not one zoning jurisdiction that would not impact a residential area. He said he would like all neighborhoods to have a say and the Special Use Permit (SUP) would be the best solution for this. Mr. Kelly said this is also a discussion to have regionally, to see what they are going to do to help with this and he noted that it would be on the next agenda of the George Washington Regional Commission (GWRC). They will discuss what the counties can do for the City. He said no matter where this facility goes there will need to be dialog even if it were to go in the County. Councilor Kelly made a motion to approve Ordinance 15-19, on first read, 19022 Regular Session 07/14/15 amending the Unified Development Ordinance to define “Social Service Delivery” Uses and provide for their location in the City by Special Use Permit in Commercial Shopping Center (CSC), Commercial-Highway, Planned Development Commercial (PDC), Planned Development Mixed Use (PDMU), Planned Development Medical Center (PDMC), Commercial-Transitional and Commercial-Downtown and leaving it by-right in Light- Industrial (L-I) and General-Industrial (G-I) ; motion was seconded by Councilor Ellis. Vice-Mayor Withers read a portion of a statement from Debbie Myers, a citizen, who was not in support of this change because of the adverse effects it will have on her property. He said he could not support this use even under SUP in the C-T zone. C-T zoning was not intended to be anything greater than office. He explained that not only are residential homes backing up to C-T but there are homes in the zone. This area was revitalizing and there should not be any social service delivery in the zone. He asked staff what number of homeless was from the City, if the 85% of homeless were from the region and Mr. Craig said the only numbers he could find were from the Consolidated Plan. The numbers were from those served at the Thurman Brisben Center, out of the 550 total people the City had 197 and all the rest were from the region of Spotsylvania, Stafford, Caroline and King George, except 15 people. Vice-Mayor Withers noted that the City was carrying the load for the region. He said allowing this in the C-T would open this up and the City would have to have a really good justification for not allowing it in that zone. He also added that the City needed to do a better job at getting the word out to the citizens and letting them know what will affect them. Councilor Ellis said he was fine with the definition, but he opposed the by-right aspect in any zoning district. He said he would struggle to approve the current motion 19023 Regular Session 07/14/15 because of the by-right phrase in L-I and G-I. He asked was it the City’s job to take this on for the region. Councilor Duffy said he would prefer something closer to what the Planning Commission passed but he understood the concerns from the neighbors. He said this would not go away and the City would have to deal with this. He hoped that everyone would work together and come up with solutions. He believed co-locating the agencies would be the best practice and more efficient. He said he could support the proposed motion. Councilor Kelly explained that his reason for allowing social service delivery by- right in the industrial was because there was already a shelter allowed in industrial but it was clarified that the shelter operated on a special use permit. With that said he said he would accept an amendment to his motion. Councilor Devine agreed that there needed to be a dialog and the issues needed to be worked out. She was concerned that the issues were long term and the Council was focusing more on this one project, and changing the zoning would impact any future projects. She would like to step back and not focus on Micah necessarily so that they could look at the concerns for any future projects. She felt that co-locating was a great idea for the agencies. She added that the neighborhood that has been spoken about was a neighborhood in transition, but she added that all neighborhoods have its issues to deal with. She added that this neighborhood had increased the owner occupied homes and she feels that if the zoning changed it may change what the neighborhood was striving to do. Councilor Devine agreed that this was a regional issue, but she noted that it was easier for agencies to operate in the City and for many struggling to reside in the City. She 19024 Regular Session 07/14/15 expressed her concern with the hours of operation from 7 a.m. to 9 p.m. because most businesses do not open until later. Mayor Greenlaw clarified that if it’s approved by SUP the hours would be defined by the SUP. She understood but she still would like to see the hours changed from 9:00 a.m. to 9:00 p.m. She said she could not support the motion. Councilor Frye reiterated that this was a zoning issue that was being discussed and Micah may locate in the C-T zone. He also agreed with co-locating the facilities. Motion to Suspend the Rules. Councilor Withers made a motion to suspend the rule to extend the meeting past 11:00 p.m.; motion was seconded by Councilor Kelly and passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Withers, Devine, Duffy, Frye and Kelly. Nays (1). Councilor Ellis. Councilor Frye said the issue was where to put the facility because it would affect any area so he said everyone should have an opportunity to speak on the issue. He said he was concerned with putting any agency like this near a high school because it would provide extra foot traffic in the area and could become a safety issue for the kids and teachers who are walking to the school. He said he respects the voice of the citizens and the work that Micah does. Councilor Ellis made a friendly amendment to the original motion to require a special use permit in all of the proposed zoning districts. Councilor Kelly accepted the amendment. Councilor Kelly said he understood the concerns of everyone for allowing this in the C-T district but he said if the C-T district was removed then the rest will want to know why the C-T district was being protected. He said if C-T was removed then it should not be allowed in the City at all. He again stressed that this was an issue that everyone must 19025 Regular Session 07/14/15 deal with and he did not want to send the message that those in the C-T district were protected but they others were not. Mayor Greenlaw agreed that this was not the message the City wanted to send. Vice-Mayor Withers clarified that his reason for not wanting to allow this in the C-T zone was because C-T was not set up for heavy uses like social service delivery. He was not asking to remove it to protect a neighborhood. Councilor Kelly said C-T was intended to be a buffer between intensive commercial development and residents but if that were the case he said every neighborhood in the City should have C-T zoning around it to buffer it. He said the current zoning the City has makes no sense, when it comes to neighborhoods versus commercial development. Ms. Dooley pointed out a technical amendment that needed to be made in Subsection F of the ordinance that did not fit with the proposed motion and she suggested removing subsections F1 and 3. Councilor Kelly accepted the technical amendment. Mayor Greenlaw made a final statement saying that this was an issue that needed to be addressed citywide with the entire community involved. She said you cannot accomplish the dream without a location to address the problem. She thanked Councilor Kelly for placing it on the GWRC agenda because it needed to be discussed on a regional level. The amended motion passed by the following recorded votes. Ayes (5). Councilors Greenlaw, Duffy, Ellis, Frye and Kelly. Nays (2). Councilors Withers and Devine. Resolution 15-45, First Read Approved, Amending the Fiscal Year 19026 Regular Session 07/14/15 2016 Budget in the Amount of $994,111, Including $357,000 in Interfund Transfers, for Elevator Repairs and Reconstruction in Various Public Buildings (D15-267). After staff presentation Councilor Kelly made a motion to approve Resolution 15-45, on first read, amending the Fiscal Year 2016 budget in the amount of $994,111, including $357,000 in interfund transfers, for elevator repairs and reconstruction in various public buildings; motion was seconded by Councilor Frye and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). Motion to Suspend the Rules. In order to place Resolution 15-45 on for second read, Councilor Kelly moved to suspend the rules; motion was seconded by Councilor Duffy and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). Resolution 15-45, Second Read Approved, Amending the Fiscal Year 2016 Budget in the Amount of $994,111, Including $357,000 in Interfund Transfers, for Elevator Repairs and Reconstruction in Various Public Buildings. Councilor Kelly made a motion to approve Resolution 15-45, on second read, amending the Fiscal Year 2016 budget in the amount of $994,111, including $357,000 in interfund transfers, for elevator repairs and reconstruction in various public buildings; motion was seconded by Councilor Duffy and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). Resolution 15-46, Approved, Awarding the Contract for General 19027 Regular Session 07/14/15 Property Re-Assessment Services to Wingate Appraisal Service (D15- 268). After staff presentation Vice-Mayor Withers made a motion to approve Resolution 15-46, awarding the contract for general property re-assessment services to Wingate Appraisal Service; motion was seconded by Councilor Devine and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). City Manager’s Report and Council Calendar (D15-269 thru D15- 270). 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: World Police and Fire Games, New Police Public Information Officer, July is Parks and Recreation Month, Dixon Park Pool Events, Good Turn Earth Company Has Approvals to Begin Composting Business, Historicon Returns to the City for the Fourth Year and Employees Receive Electrical Safety Training. Closed Meeting Approved (D15-271). Upon the motion of Councilor Ellis, seconded by Councilor Kelly and passed by the following recorded votes, Council approved a closed meeting under the Virginia Freedom of Information Act, Code Section 2.2-3711(A)(1) personnel to discuss the annual reviews of the Council appointees. Ayes (7) Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). Return to Open Meeting Approved. Upon the motion of Councilor Kelly, seconded by Councilor Ellis and passed by the following unanimously recorded votes, Council approved a return to an open meeting. Ayes (7) Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). 19028 Regular Session 07/14/15 Resolution 15-47 Approved Certifying Closed Meeting. Upon the motion Councilor Paolucci approved Resolution 15-47 certifying the closed meeting; seconded by Councilor Devine and passed by the following unanimously recorded votes. Ayes (7) Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye 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 12:09 a.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 19029 Regular Session 07/14/15 [This page intentionally left blank.] 19030