City Council

Public Hearing 07/12/16 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 12, 2016 The Council of the City of Fredericksburg, Virginia, held a public hearing on Tuesday, July 12, 2016, beginning at 7:56 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 Timothy J. Baroody, Assistant City Manager Mark Whitley, City Attorney Kathleen Dooley, Assistant City Attorney Robert Eckstrom, Public Works Director Doug Fawcett, Assistant Public Works Director David King, Planning Services Director Charles Johnston, Zoning Administrator Michael Craig, Budget Manager Deidre Jett, and Clerk of Council Tonya B. Lacey. Notice of Public Hearings (D16-283 thru D16-285). The Clerk read the notice of the public hearings as they appeared in the local newspaper, the purpose being to solicit citizen input. Denying Special Exception Applications by Timbernest, LTD. for 506-516 Sophia Street and the Rear of 525 Caroline Street (D16-283 thru D16-284). 4 speakers. Zoning Administrator Craig explained that Timbernest, Ltd. owned two adjacent parcels and they were zoned commercial-downtown (CD) and 19387 Public Hearing 07/12/16 they were within the 100 year floodplain. The parcel that contains the Fredericksburg Square building sits on 0.66 acres and it also had 26 parking spaces. The lot with the 13 townhomes sits on 0.33 acres. The applicant requested a special exception to demolish the 13 existing apartment units and reconfigure the lots and build 14 new dwelling units (7 townhomes and 7 multi-family units). The reconfigured lot would equal .525 acres. Mr. Craig explained that C-D zones permit townhomes 12 units per acre, multi- units 18 per acre. By right the .525 acre parcel would yield 3 townhomes and 5 multi- family units. This proposal is in the old and historical overlay district and would be under the ARB purview for the demolition, site planning and new construction. ARB reviewed these preliminarily and opted not to make a motion as a body. They were generally in favor of the special exception as long as the architecture could be made to fit in the surrounding context. The ARB had no issues with the site layout but two members were not in favor of the demolition of the apartment building. The applicant revised the project after the ARB review and that is what was presented to Council. The Planning Commission held a Public hearing on this project and two members from the public spoke in favor and the Planning Commission deferred action so that the applicant could respond to comments from the Commission and the Technical Review Committee. Planning Commission voted 5-2 for City Council to approve the application on the condition that the applicant proposes a viable alternative to off-set the impact of eliminating 26 on-site parking spaces currently used by the Fredericksburg Square building. Van Perroy, 525 Caroline Street, general partner of Timbernest, Ltd. proposed that this project was an adaptive reuse of the lot behind 525 Caroline Street as well as 19388 Public Hearing 07/12/16 addressing the issue of the existing apartments that have reached the end of their useful life. They were cinderblock structures built in the 40’s converted into apartments in the 50’s and they have never been up to standard. The applicant had received a demolition permit 8 years ago for another project they were looking at but it has since lapsed. Mr. Perroy noted that the building was built in 1854 and adaptively reused in 1927 and conforms to being a historic building and because of this according to the Unified Development Ordinance (UDO) they have an exception with regards to parking. He explained that the proceeds from the changes in the rear would be reinvested into the front of Fredericksburg Square. He said that his vendors offload on Caroline Street and wheel the deliveries through the side drive because the gate on Sophia Street was too narrow for the trucks. Mr. Perroy said this would make a substantial improvement on the Sophia Street corridor and the streetscape. He said it was in compliance with the Comprehensive Plan. The parking deck has been a major asset to the Square and many of their clients use the deck. He said they had made a proposal to utilize 26 parking spaces at the deck to replace the 26 spaces they were going to get rid of. They will issue parking permits for their clients to use in the deck. Councilor Ellis asked if the 13 units were habitable and Mr. Perroy stated that nine units were but the remaining four have severe structural damage and it had been difficult to work on the stabilization. Councilor Ellis also asked what events may cause an impact to parking and Mr. Perroy said he does not see any because wedding receptions have been declining in number of invited guest and that they usually tell them to park in the deck unless they are staying at the Courtyard Marriott. 19389 Public Hearing 07/12/16 Councilor Ellis asked, if the UDO does not require parking for historic buildings what is the difference in this building and staff said the issue is that the parking currently exist. Mr. Craig added that they have questions on whether the project is consistent with the UDO, Comprehensive Plan and other metrics. The Comprehensive Plan state that in this land area, the City needed to come up with parking strategies and eliminating the parking potentially makes this project not in compliance. Ryguy Mau Muhammed, 1112 Caroline Street, stated that the Sophia Street corridor has a number of increased events and he suggested that the police be switched out with MGT Fruit of Islam to police the area. Jim Geotz, 501 Caroline Street, spoke in support of the project and said the changes would be great for the community because the area had been neglected for years. He also added that no one has really used the parking lot in the 15 years he has been working on his home. He also said the City needed the revenue that would be generated from the project. Shawn Avery, 102 Wolfe Street, spoke in favor of the project. He said these were much needed renovations for the area. He also addressed parking stating that there would be more parking issues once the park was finished. He added that he would like to see the parking issues addressed for the residents that need day to day parking. Mr. Perroy addressed comments on parking stating that every townhome and multi-family home would have two parking spaces. The current apartments only have enough parking for thirteen vehicles and any second vehicle had to utilize the street parking. The proposed project would completely eliminate the parking of the second vehicle on the street. He said 90 percent of the time they will not have to use the 19390 Public Hearing 07/12/16 requested permit parking in the garage. Councilor Kelly discussed some of the parking concerns and noted that in the future the number of VRE riders would increase again and many of the private parking lots have gone to customer parking only. He said there are many other issues that need to be addressed with the downtown infrastructure. Mayor added that this project had caused some concerns with parking an she would like to have a work session in August to discuss this with the applicant. Vice-Mayor Withers agreed with the Mayor but he also added that he would like to have a final decision from the ARB before Council action. Mr. Johnston explained that the applicant did not want to move forward with detailed architectural drawing without knowing if the special exception was going to be approved. Vice-Mayor Withers clarified that he would like to see the demolition approved by ARB before Council action. Councilor Duffy agreed with Vice-Mayor Withers on the demolition and he said it does give pause to lose 26 parking spaces. Mayor asked staff to schedule a work session with the applicant. Adjournment. There being no speakers to come before the Council at this time. Mayor Greenlaw declared the hearing officially adjourned at 8:09 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 19391 Public Hearing 07/12/16 19392 Public Hearing 07/12/16 [This page intentionally left blank.] 19393 Regular Session 07/12/16 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 12, 2016 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, July 12, 2016, 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 Timothy J. Baroody, Assistant City Manager Mark Whitley, City Attorney Kathleen Dooley, Assistant City Attorney Robert Eckstrom, Public Works Director Doug Fawcett, Assistant Public Works Director David King, Planning Services Director Charles Johnston, Zoning Administrator Michael Craig, Budget Manager Deidre Jett, 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 Ted Marrs at this evening’s meeting. Proclamation on Disability Voter Registration Week (D16-282.1). Mayor Greenlaw presented Kevin Koziol a proclamation supporting the growing 19393 Regular Session 07/12/16 involvement of the disability community in the political process; and designated the week of July 11-15, 2016 as Disability Voter Registration Week. Mr. Koziol on behalf of the disAbility Resource Center thanked the Mayor and Council for supporting their efforts. He said it was important for those with disabilities to have their voices heard. Public Hearings Conducted (D16-283 thru D16-285). The regular session was recessed in order to conduct the scheduled public hearings and immediately reconvened upon their conclusion. Citizen Comment. The following speaker participated in the citizen comment portion of this evening’s meeting. Steve Gaske (D16-285.1), 1302 Washington Avenue, spoke in regards to the Washington Avenue Tree issue. He discussed the dilemma he thought the Council would face because of the majority of the taskforces interpretation of the scope, the reasoning, the size and the community input. See D16-281.1 for more information. Jim Sencindiver (D16-286), 1307 Washington Avenue, stated that he had been a resident of Washington Avenue since 1995. He said Commonwealth Heritage Group (CHG) had conducted research and developed a plan to preserve the historic sightlines of the monuments. He said the research showed that there had never been more than a few canopy trees on the Mall at any one time. Mr. Sencindiver stated that he had attended a few of the Taskforce meetings and he said it appeared that majority of the Taskforce was biased against the Mall residents. He urged Council to approve the Commonwealth Heritage Group’s plan because he felt it was a compromise and addressed everyone’s concerns. See D16-286 for more information. 19394 Regular Session 07/12/16 Jackie Denison Emery (D16-287), 605 Fauquier Street, voiced her disappointment of the handling of the Washington Avenue Tree controversy by a city official. She felt the City missed the opportunity to enlist greater segments of the community in this issue at the Community meeting that was held in February. She felt the meeting was largely attended by Rappahannock Garden Club members who had been recruited to attend. Ms. Emery felt many of the Taskforce members already had their minds made up regarding the issues and refused to consider any ideas or requests put forward by the residents. She stated the proposal presented by the Taskforce would increase the number of tree plantings and not decrease. Ms. Emory urged Council to send the Taskforce recommendation back and have the board start over and explore other options as well as the proposal submitted by the Commonwealth Heritage Group. See D16-287 for more information. Robert Deaderick, 1306 Washington Avenue, said he was addressing Council to speak about a compromise with the Washington Avenue mall tree issue. He said he would like to see compromise. He explained that the CHG Professional group came up with a plan starting with the original plan but less dense. He asked the Council to consider the CHG plan in the spirit of compromise. Richard Harrison, 1304 Washington Avenue, stated that the intent of Council to appoint the Tree Taskforce for the Washington Avenue Mall was a good idea but in his opinion, in the end the overall compromise, leadership and charter of the group was orchestrated by a special interest group. He said it was orchestrated to influence a city policy. He felt the taskforce disqualified the input of the 73 petitioners. He asked the Council to hold off on a vote to approve the recommendation. 19395 Regular Session 07/12/16 Tim Brown, 1225 Payne Street, spoke in support of residential parking only along College Avenue. He stated that he owned a home at 1616 College Avenue and that he can never find parking. He said it was not only the college but the four church centers and the construction. He said the residents are like prisoners in their own homes and he asked Council to support the permit parking along the residential side of College Avenue. Council Agenda Presented. The following items were presented to Council for discussion. 7A. Residential Permit Parking on College Avenue – Councilor Kelly 7B. Residential Permit Parking on Pitt Street – Councilor Frye 7C. Intersection of Charles and William Streets – Vice-Mayor Withers Residential Permit Parking on College Avenue (D16-288) – Councilor Kelly addressed the issue of no available parking for visitors or friends of the residents who live on College Avenue. He said this was more of an issue of safety and quality of life for the residents of College Heights and those that live along College Avenue. He asked if Council would support taking steps to include the residential side of College Avenue in the College Heights Residential Parking Zone to allow residents to apply for residential parking only on their block. Councilor Kelly made a motion to have staff move forward with residential parking along the residential side of College Avenue; motion was seconded by Councilor Devine. Councilor Devine added that this problem had become increasingly worse and she would support going to residential parking. 19396 Regular Session 07/12/16 Councilor Duffy agreed stating that he had spoken with many along College Avenue and many did not see it as a priority but he said he hoped to work with the University to see what they can do to help with the parking of students and staff. Mayor Greenlaw added that this had been a topic of discussion with the College and they would continue to discuss it but she agreed they needed to ensure the residents had a place to park. Councilor Ellis said he would support it but he said they needed to address all the streets in College Heights. Councilor Kelly explained that all the other streets had permit parking except Rappahannock which was located on the complete opposite side of the neighborhood. Councilor Withers reminded Council that 75 percent of the residents had to agree to the permit parking in order to move forward. He said this was the perfect example of problems caused by building on an existing parking lot. The motion passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). Residential Permit Parking on Pitt Street – Councilor Frye reminded Council of the request they had received from the resident on Pitt Street requesting permit parking in the 200 block of Pitt Street. He asked if the staff could get this ready so that once the brewery opened everything would be in place for the permit parking. City Manager Baroody said he would have staff begin working on this. Intersection of Charles and William Streets – Vice-Mayor Withers noted how dangerous this intersection was and he said he had spoken with Public Works 19397 Regular Session 07/12/16 Director Fawcett about the dangers and Mr. Fawcett was going to have an engineer assess the intersection and he would report back. City Manager’s Consent Agenda Accepted for Transmittal as Recommended (D16-289 thru D16-298). Councilor Kelly pulled item 8A for discussion. Following review and as recommended Councilor Devine moved approval of the City Manager’s consent agenda items; 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 16-57, Second Read, Amending the Fiscal Year 2017 Public Works Fund Budget and Increasing Appropriations by $180,900 Reflecting an Increase in Funding From the Virginia Department of Transportation (VDOT) (D16-290). • Resolution 16-59, Appointing Christen Gallik to the Rappahannock Area Youth Services and Group Home Commission (D16-291). • Resolution 16-60, Amending the Fiscal Year 2017 Budget by Increasing the Appropriations to the Rappahannock Area Office on Youth Fund by $68,638 (D16-292). • Ordinance 16-19, First Read, Conforming the City Meals Tax to State Law, and Eliminating the Meals Tax Exemption for Meals Exempt from the Virginia Retail Sales and Use Tax in Response to Virginia Department of Taxation Tax Bulletin 16-3 (D16-293). 19398 Regular Session 07/12/16 • Resolution 16-61, Amending the Rappahannock Area Law Enforcement Mutual Aid Agreement to Add Stafford County Sheriff David P. Decatur as a Party (D16-294). • Resolution16-62, Authorizing the City Manager to Execute a Contract With Aegis ITS, Inc. for Provision of Equipment and Services Associated with the Establishment of an Advanced Traffic Management System (D16-295). • Ordinance 16-20, First Read, Requiring Zoning and Building Official Approval Before a Business License is Issued (D16-296). • Transmittal of Boards and Commission Minutes o Recreation Commission – April 21, 2016 (D16-297). o Recreation Commission – May 19, 2016 (D16-298). Transmittal of Report on Conflict of Interest Act Opinions (D16- 289). Councilor Kelly thanked the City Attorney for the options on the Conflict of Interest and he asked if there was any way to make it clear to staff when a member of a board should not vote on an issue. He also asked who makes the decision that a charge needs to be pursued in the event a person does decide to vote on an issue that they have a conflict with. City Attorney noted that she has been doing trainings on the Conflict Of Interest Act with the Board and Commissions since 2014 and she stresses the importance of getting confident legal advice. The act is very complex and difficult to work with. She will continue to stress the importance of the Act. Councilor Kelly said he would like to see staff refer those with questions to counsel for legal advice and City Attorney agreed that is what needed to be done. 19399 Regular Session 07/12/16 City Attorney said the police department would investigate violations of the Conflict of Interest Act and they would confer with the Commonwealth Attorney. Councilor Kelly said he would like to have a chain of command of this process for the board and commissions. Councilor Kelly also questioned the appeals process and the fact that there was almost not enough time for the City Council to meet to discuss appeal because of the time constraints. Ms. Dooley stated that she and the Planning staff were working on changes to the UDO and they had those concerns in mind for the changes. Councilor Kelly moved to accept the transmittal report on the Conflict of Interest Act opinions; 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). Appointments of City Council to Various Boards and Commissions (D16-299). The following appointments were made: • Board of Social Services – No changes made Councilor Duffy will continue to serve. • Central Rappahannock Regional Library Board of Trustees – No changes made Councilor Devine will continue to serve. • Community Policy & Management Team for Youth & Family Services – No changes made Mayor Greenlaw will continue to serve. • Fredericksburg Area Museum & Cultural Center - Upon a motion by Councilor Ellis, Councilor Kelly was appointed to the Fredericksburg Area Museum & Cultural Center Board of Directors; the motion was seconded by 19400 Regular Session 07/12/16 Vice-Mayor Withers and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). • Fredericksburg Arts Commission - Upon a motion by Councilor Kelly, Mayor Greenlaw and Councilor Devine were appointed to the Fredericksburg Arts Commission; the motion was seconded by Vice-Mayor Withers and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). • Fredericksburg Chamber of Commerce Military Affairs Council – No changes made Councilor Ellis will continue to serve. • Fredericksburg Clean and Green Commission – No changes made Councilor Devine will continue to serve. • Fredericksburg Regional Alliance – No changes made Mayor Greenlaw and Councilor Duffy will continue to serve. Councilor Duffy will continue to serve as the alternate. • George Washington Regional Commission and Fredericksburg Area Metropolitan Planning Organization – No changes made Councilors Kelly and Withers will continue to serve and Councilor Ellis will continue as the alternate. • Housing Advisory Committee – No changes made Councilors Ellis and Frye will continue to serve. • MainStreet – Upon a motion by Kelly, Councilor Ellis was appointed to MainStreet; the motion was seconded by Councilor Devine and passed by the 19401 Regular Session 07/12/16 following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). • Potomac Rappahannock Transportation Commission – No changes made Councilor Kelly will continue to serve and Vice-Mayor Withers will continue to serve as the alternate. • Rappahannock Area Agency on Aging Board of Directors – No action was taken on this board. Mayor Greenlaw will try to find someone to serve on this board. • Rappahannock Juvenile Detention Commission - Upon a motion by Councilor Devine, Councilor Frye was appointed as the alternate to the Rappahannock Juvenile Detention Commission; the motion was seconded by Councilor Kelly and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Ellis, Devine, Howe, Kelly, Paolucci and Solley. Nays (0). None. • Rappahannock Regional Solid Waste Management Board – No changes made Councilors Kelly and Vice-Mayor Withers will continue to serve. • Rappahannock River Basin Commission – No changes made Vice-Mayor Withers will continue to serve. • Recreation Commission – No changes made Councilors Duffy will continue to serve. • Regional Group Home Commission – No changes made Councilor Duffy will continue to serve. • Taxi Board - Upon a motion by Councilor Devine, Councilor Frye was 19402 Regular Session 07/12/16 appointed to the Taxi Board; the motion was seconded by Councilor Kelly and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). • Town and Gown Committee - Upon a motion by Councilor Devine, Councilor Duffy was appointed to serve with Councilor Devine on the Town and Gown Committee; the motion was seconded by Councilor Kelly and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). • Virginia Railway Express Operations Board – No changes made Councilor Kelly will continue to serve and Vice-Mayor Withers will continue to serve as the alternate. Resolution 16-63, Approved, Recommending the Appointment of Certain Persons by the Circuit Court to the Board of Equalization and Setting the Compensation of Board Members (D16-300). – Councilor Duffy made a motion to approve Resolution 16-63, recommending the appointment of certain persons by the Circuit Court to the Board of Equalization and setting the compensation of board members; 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). Resolution 16-64, First Read Approved, Amending the Fiscal Year 2017 Budget by Appropriating Fiscal Year 2016 Carryover Funds for Public Works Vehicles (D16-301). – Councilor Devine made a motion to approve 19403 Regular Session 07/12/16 Resolution 16-64 on first read, amending the Fiscal Year 2017 budget by appropriating Fiscal Year 2016 carryover funds for public works vehicles; motion was seconded by Councilor Ellis and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). Resolution 16-65, Approved, Initiating Actions in Response to SB 549 Relating to Conditional Zoning for Residential Rezonings and Proffer Amendments (D16-302). Councilor Frye made a motion to approve Resolution 16-65, initiating actions in response to SB 549 relating to conditional zoning for residential rezonings and proffer amendments; 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). Resolution 16-66, Approved, Adopting the List of Streets to be Improved During the Fiscal 2017 Asphalt Rehabilitation Program (D16- 303). Councilor Kelly reminded staff to be sure to coordinate with the private industries to be sure there was no scheduled work before the roads were paved. Councilor Frye asked staff to look into the streets in Mayfield that have grass growing through them. He would like to see something done with those streets in the future. Councilor Duffy made a motion to approve Resolution 16-66, adopting the list of streets to be improved during the Fiscal 2017 Asphalt Rehabilitation Program; 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). 19404 Regular Session 07/12/16 Resolution 16-67, Approved, Approval of the Washington Avenue Tree Task Force Majority Report and Recommendations for Tree Plantings on the Washington Avenue Mall (D16-304 thru D16-305). Assistant Public Works Director King and the Taskforce Chair Jeanette Cadwellender presented a PowerPoint presentation and in that presentation they discussed the background of the Taskforce, their mission, the number of meetings held, the number of public comments received and reviewed the Taskforce’s recommendation and tree maintenance. Ms. Cadwellendar assured the Council that the petitioner’s concerns were weighed along with the public’s input. Although the recommendations of the Taskforce were not all the petitioners wanted the majority on the Taskforce thought the proposed recommendation was a reasonable compromise. The Taskforce asked the Council to consider public awareness by putting information on the website that addressed information about trees and accommodations to Tree Fredericksburg and the City’s Public Works Department because they had done so much to restore the trees across the City. Vice-Mayor Withers said he hoped with the pruning of the large trees it would help with the sightlines because they were important. Councilor Frye added that he wanted to be sure the views of the petitioners were heard and Ms. Cadwellendar said the entire process would not have happened without their petition. She said the petition served a good purpose it allowed good discussion and the Taskforce weighed their comments along with those of the public. Councilor Ellis stated that he was surprised that the Council was not going to be presented a plan. He said the night Council gave staff direction he said he wanted to stop planting and get input from the entire community and from that input get a plan. He said 19405 Regular Session 07/12/16 there were no plans only two reports. He asked what the Council was supposed to do with what they were presented and Mayor Greenlaw said she disagreed and staff had presented a plan from the Taskforce. She said the recommendation of the Taskforce included a plan that showedplacement of trees, timing of trees and it showed removal of trees. She also pointed out that the composition of the Taskforce included members with certain expertise in certain areas and it included the recommendation of the petitioners. Councilor Kelly asked what the rationale was with removing the magnolias and holding off on the cherry trees. Ms. Cadwellendar stated that the magnolia trees were not deciduous and as they grew they would obstruct the view of those monuments and the reason for holding off on the cherry trees was to see what it would look like after removing the magnolia trees and there were also a few dogwood trees that may not make it. She said they were suggesting keeping the plan fluid so that sight lines were maintained. Councilor Devine thanked all who had been involved in the process. She recognized the hard work of the Taskforce. She added that there had been compromise and that there was a plan to move forward. Councilor Devine made a motion to approve Resolution 16-67, to approve the Washington Avenue Tree Taskforce majority report and recommendations for tree plantings on the Washington Avenue Mall; motion was seconded by Councilor Duffy. Mayor Greenlaw thanked the Taskforce for their diligence, time and effort and she thanked everyone who weighed in on the topic. Councilor Duffy agreed and added that he appreciated the passion of the petitioners but he said he preferred the trees to be scaled 19406 Regular Session 07/12/16 back. He said he was disappointed that they had such a bad feeling about the experience because this was an effort to bring in their views. Vice-Mayor agreed with Councilor Duffy and said he had never seen an issue addressed so passionately. He said he hoped the proposed plan would allow better views of the monuments. He said he would support the Taskforces plan since they did what they were asked to do by the Council. Councilor Frye said he appreciates everyone’s efforts but he said he could not support the motion because he was looking for a more solid plan. Councilor Kelly stated that he wanted this process to not only look at the petitioners concerns but the community as a whole. He said as a Councilor he had to look at all sides. He said he like to see options before making a final decision. Councilor Kelly said the issue he had was that the public did not have the opportunity to discuss the option that was presented from Commonwealth Heritage Group but he agreed that the Taskforce did what they were asked to do by Council. Councilor Kelly made a substitute motion asking that before Council takes a vote they give some consideration and discussion of the Commonwealth Heritage Report; Councilor Ellis seconded the motion. Mayor Greenlaw added that the Council appointed a Taskforce; gave them a task and she would support the recommendation of the Taskforce. Councilor Ellis said he was not sure there was a plan that represents all the views because there was such a wide disparity between the two reports and he said he could not reconcile that and he could not support the original motion. 19407 Regular Session 07/12/16 Vice-Mayor Withers said he understood the concerns but he said he could not vote against the Taskforces recommendation after they did what the Council assigned them to do. He said they were asked to do a job and they were given a process and that process was fulfilled and he feels Council needed to support their decision. The Council had further discussion on what would happen next if the substitute motion was accepted and Councilor Ellis said he would like staff to take the two reports and come up with something agreeable. Vice-Mayor Withers said in the beginning he was under the understanding that the petitioners asked Council not to vote on the tree plan, to give them a committee, allow them the opportunity to express their opinions and they would accept what was heard. It was agreed that the City would appoint three members and the petitioners would appoint three members and he feels the rules changed because the Taskforce did not come up with a plan the petitioners wanted and they wanted to prolong it further. He said this was not the intent of appointing the Taskforce. The substitute motion failed by the following recorded votes. Ayes (2). Councilors Ellis and Kelly. Nays (5). Councilors Greenlaw, Withers, Devine, Duffy and Frye. The original motion to accept the recommendation of the Taskforce passed by the following recorded votes. Ayes (5). Councilors Greenlaw, Withers, Devine, Duffy and Kelly. Nays (2). Councilors Ellis and Frye. Transmittal of Administrative Procedures for Planting of Street Trees and Trees in Parks (D16-306). Mr. King explained that this was a transmittal to be sure the Council was aware of the tree planting procedures. Mr. King 19408 Regular Session 07/12/16 said the procedures would be available on the City’s website as well as the tree planting plans and maps. City Manager’s Report and Council Calendar (D16-307 thru D16- 308). City Manager Baroody reviewed the Manager’s report and Council Calendar. Activities highlighted on the report were as follows: Fredericksburg Police “Cram their Cruisers” with Items for Senior Citizens, Police Remind People to Slow Down and Move Over When They See Flashing Lights, Recreations Commission Retreat, Mary Washington Monument Fence Repainted, Hazel Hill Gas Service Update, Public Safety Radio System Update, New Small Area Comprehensive Plans for Area 3 and Area 6 and Safety Holds Water Safety Training. Closed Meeting Approved (D16-309). Upon the motion of Vice-Mayor Withers, seconded by Councilor Ellis and passed by the following recorded votes, Council approved a closed session to discuss the assignment of the City Manager, under Virginia Code §2.2-3711(A)(1). 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 Vice-Mayor Withers and passed by the following recorded votes, Council approved a return to an open meeting. Ayes (7) Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye, and Kelly. Nays (0). Resolution 16-68, Approved, Certifying Closed Meeting. Upon the motion Councilor Kelly approved Resolution 16-68 certifying the closed meeting; 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). 19409 Regular Session 07/12/16 Adjournment. There being no further business to come before the Council at this time, Mayor Greenlaw Declared the meeting officially adjourned at 10:40 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 19410 Regular Session 07/12/16 19411