City Council

Public Hearing 10/25/16 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 October 25, 2016 The Council of the City of Fredericksburg, Virginia, held a public hearing on Tuesday, October 25, 2016, beginning at 8:03 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, Community Planning and Building Development Director Charles Johnston, Zoning Administrator Michael Craig, Historic Resources Planner Kate Schwartz, Interim Economic Development Director Bill Freehling, Budget Manager Deidre Jett, Public Works Director Doug Fawcett and Clerk of Council Tonya B. Lacey. Notice of Public Hearings (D16-397 thru D16-404). The Clerk read the notice of the public hearings as they appeared in the local newspaper, the purpose being to solicit citizen input. Resolution 16-91, Approved, Approving Certificates of Appropriateness for Site Planning, Mass and Scale, and Detailed Design of the George Street Townhouses (D16-397 thru D16-398). 2 speakers. 19465 Public Hearing 10/25/16 City Attorney Dooley explained that the public hearing was a continuation from the September 27 public hearing and she said City Council needed to determine whether the townhomes were architecturally compatible with the historic landmarks, buildings, structures and areas within the historic district. At the September 27 meeting the applicant presented his plans for five (5) George Street Townhomes. The applicant revised the plans slightly after the September 27 meeting in response to comments he received from the public. The revised plans included a reduction in the height of the chimneys, the bay windows now match the porch and the materials list had been submitted. Erik Nelson D16-398, 811 Brompton Street, stated that he had staffed 2/3 of the Architectural Review Board (ARB) over the years and he came to offer a few observations for the record. Mr. Nelson explained that historic district administration was a dynamic process where historic preservation occurs through private investment, with some local government oversight, meaning the seven citizens on the ARB. The ARB make decisions based on specific aspects of the City Code, which included the Secretary of the Interior’s Standards for Rehabilitation. Mr. Nelson also noted that the ARB does not make decisions in work sessions. Secondly, the notices were not inadequate and he noted that public hearings were not required by State Code and thirdly, the ARB’s decision was entirely consistent with the Secretary of the Interior’s Standard. See Doc 16- 398 for more information. Renee Rodriguez, 1514 Prince Edward Street, spoke in opposition of the project because of the following issues: activities in the area, other projects already approved, and parking. He felt this was creating a bigger issue in the downtown because it would 19466 Public Hearing 10/25/16 be taking away needed parking. Councilor Ellis moved to approve Resolution 16-91, approving certificates of appropriateness for site planning, mass and scale, and detailed design of the George Street townhomes; motion was seconded by Councilor Kelly. Councilor Devine said it had been a year since the ARB voted and it was important to note how far they had come in a year and the end result was much better because of it. Councilor Devine thanked the ARB, City Manager, City Attorney, City staff and the developer for all of the hard work put into this project. Councilor Kelly added that it had been a long process. He also said he did not want to put the blame on the developer for putting the porches on the front of the house because after discussions with preservationists and Council it was determined that it mitigated the impact on the bank with regards to scale and massing. He thought Mr. Adams, the developer was very accommodating during the process. Councilor Ellis said the City had come a long way with this project and he look forward to supporting the project. Vice-Mayor Withers said this was simply a difference of opinion between the Council and the ARB and he said he appreciated the work of the Board and Councilor Duffy agreed. Councilor Frye said he appreciated the work the ARB do for the City. He added that there was only one time to get a project right. The motion passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). Rezoning 20.84 Acres of Land Located on the Southside of Fall 19467 Public Hearing 10/25/16 Hill Avenue, Between Briscoe Lane and I-95, from Residential R-2 to Commercial Highway and R-12, with Conditions (D16-399 thru D16- 400). 2 speakers. Zoning Administrator Craig summarized the project stating that this was a rezoning request for 20.84 acres. The rezoning was from R-2 to Commercial Highway (C-H) and R-12. The 20.84 acres are located between the Volvo and Mercedes dealerships and the 128 unit Hamptons at Noble apartment project to the north; Interstate 95 to the east; Briscoe Lane, farmed fields, and five single family homes and a 34 acre farm to the south west; and Fall Hill Avenue and Wegmans grocery store to the north west. The project was generally flat with very few trees and was currently a corn field. There are a couple of wetland and a 0.11 acre farm pond and an intermittent stream. The property has access off Fall Hill Avenue via Briscoe Lane an existing public street and Noble Way. The City was currently working with the Mercedes and Volvo dealerships to obtain public access rights across Noble Way to the property. Additional access to the project would be via Noyack Lane. The property is currently zoned R-2 which would support 42 single family homes by-right. The proposed use is 4.31 acres to be zoned C-H to the north and 16.53 acres zoned R-12. The applicant proposes to build a turn lane and taper off of Fall Hill Avenue which will connect into Noyack Lane. There will be a right-of-way dedicated with that to the City. Currently, between Fall Hill Avenue and the proposed car dealership there is a buffer and the proposed dealership plans to extend the buffer along Fall Hill Avenue. The car dealership will be 4.19 acres after the right-of-way is dedicated to the City. The dealership is shown as 20,300 square feet. Between the car dealership and the two single 19468 Public Hearing 10/25/16 family homes there would be a Type “D” (an opaque buffer) fifteen (15) feet wide. A proposed public street Shadmoor Drive, separated the project’s residential and commercial sites. Shadmoor Drive would extend from the project to Noble Way. This will be a public access that the developer is proffering to build. The other side of the street is the residential side. It is proposed to have 198 total residential units on the 16.53 acres; seventy-eight (78) units will be townhomes and they will front on either public or private streets. The developer was also proposing sidewalks and curbs as well as on street parking. They will also build two private streets parallel to Briscoe Lane through the townhome project. Mr. Craig noted that two of the proposed streets align with streets in Central Park and could be connected in the future. A 0.53 acre central open square is proposed in the middle of the residential portion of the site between the townhomes and apartments. This green will contain a 3,575 square foot clubhouse complex and pool. The remaining 120 units will be multi-family. The units are proposed to be five three-story buildings. Between the multi-family and the single-family homes the applicant is proposing a Type “D” buffer which is not required. The applicant also proffered ensuring there was a sidewalk connection with the Central Park sidewalk; a FRED stop to include signage and shelter; construction of a crosswalk at the intersection of Fall Hill Avenue and Gordon Shelton Boulevard; provided architectural proffers for the townhomes, multi-family buildings and the dealership; cash proffer of $4,000 to offset the cost for the City to build two wayside panels, noting the historical significance of the area; cash proffer $99,990 to offset the 19469 Public Hearing 10/25/16 projects impacts on the fire and rescue and a cash proffer of $900,010 to offset the impacts on the school facilities. Mr. Craig also reviewed the compliance of the project with the City’s Comprehensive Plan (Comp Plan) and the Comp Plan calls for Planned Development- Commercial (PDC) which is reserved for large scale development or offices or big box retail like Central Park. He said they reached out to Streetsense who was currently working on the market study in Areas 3 and 6 of the City and they found both Areas 3 and 6 have an oversupply of retail and would not recommend anymore. They recommend more compact and consolidated land uses. Streetsense looked at the site conditions and stated that the general site layout along Fall Hill Avenue with the 300 foot depth of commercial transitioning into residential was reasonable. Mr. Craig said they recommend approval of the rezoning to C-H and R-12 with the proffers based on the fact that what is proposed would be permitted and desirable if it were a part of the larger Central Park PDC zoning district. Vice-Mayor Withers expressed concern with the size of the dealership and Mr. Craig reminded him that there was a proffer for the architectural design. Mr. Withers also asked staff’s opinion of the residential percentage allowed in the area and Mr. Craig explained that the residential use was below the PDC limit. Charlie Payne (D16-400), Hirschler, Fleischer Law Firm, represented the applicant and provided a PowerPoint presentation. The presentation covered much of what was covered in the staff report and it also included the rent range from $1,100 to $1,400 and he provided pictures of what the project would look like. See D16-400 for more information. Mr. Payne also addressed the concerns Vice-Mayor Withers had with 19470 Public Hearing 10/25/16 the size of the car dealership. Mr. Payne said the calculations on the General Development Plan were for the acreage only and not for plans to build the car dealership at 135,000 square feet. Vice-Mayor Withers expressed his concern that the City might get an oversupply of townhomes because of the 100 they had previously approved and only six had been contracted. Mr. Payne said the demand was high. Vice-Mayor Withers other concern was that the City always gets the apartments but never seems to get the commercial. Mr. Payne said it was a fair concern but the two car dealerships that are currently there have created a strong market in the corridor. He said the applicants were confident the apartments would be occupied. The community was building and it was a great location for people who want to live in that area. The improvements in the area and Wegmans were good attractors to the area. Vice-Mayor Withers said he was concerned that the apartments would come but he was not sure the commercial would and he said the area was too tight. He said the spacing was hugely different from other sites. Mr. Payne said a lot of thought between the adjoining property owners, auto dealership owners had gone into this project as well as getting Noble Way dedicated. He said having a full intersection would help the corridor and the businesses. Mr. Payne said the density was consistent with the Comp Plan by creating an urban feel and he said this was a good model with a good mixed use. Councilor Frye stated he was happy to see a project that was a little mixed and not only apartments. He was also concerned with the cost of the apartments. Councilor Frye said he would like to see developer push homeownership more. He was happy to see some townhomes in the package. Mr. Payne said the townhomes were market rates but 19471 Public Hearing 10/25/16 the apartments are workforce affordable. He said the community needed to offer opportunity for a variety of housing. Councilor Ellis stated that home ownership was not like it used to be, many people are more mobile and do not stay in one location anymore. He asked how they arrived at the rental rates. Mr. Payne explained that it must be calculated based on 60 percent of the Washington Metropolitan average median income. Councilor Duffy said he could see some of the benefits of the project such as resolving some of the network transportation issues in the neighborhood and how the additional rooftops would help the economy, but he had reservation about the size and density of the project. He said it was important that the commercial development in the area be redeveloped because it could not sustain the big box stores in the area nor the amount of multi-family housing. Mr. Payne said future land use plans for the site for the highest and best use is 20 acres and 150 acres was more suitable for PDC use and he said putting more commercial in this location made little sense. Mr. Payne said this was not the only solution for this area but it was a very positive one. He disagreed with the comments that this area was too dense and he said the positive outweighed the negatives with this project. Lindsey Dickenson, 703 Cornell Street, a longtime resident and business owner expressed her concern that if the Council continues to approve apartments the schools would not be able to continue to have small class sizes. She said by continually adding apartments it would add more students to the classrooms. Ms. Dickenson offered to tour the classes with the Council. 19472 Public Hearing 10/25/16 Mr. Payne addressed the concerns that the apartments would add more students. He said he spoke with the schools and they determined that the apartments would generate approximately .025 students per unit. He said the Seasons project was 24 units per acre and it generated about 25 kids and the Hamptons project was only 12 units per acre. He said the concerns were inconsistent with the facts and the numbers provided by the schools system. Mr. Payne also noted that this was the largest proffer package the City had been offered to address any impacts there may be. He added that this project was not a downtown project and it was west of I-95 and in an area that was right for redevelopment. Vice Mayor Withers made a motion to postpone action until the November 8 meeting; motion was seconded by Councilor Devine. Councilor Ellis noted that the City was in dialog with the schools and had earmarked money. He said the Council was aware of the need for another school. The motion passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Withers, Devine, Duffy, Frye and Kelly. Nays (1). Councilor Ellis. Resolution 16-92, Approved, Granting a Special Use Permit to Denise A. Antil for a Bed and Breakfast Inn at 1619 Sunken Road (D16- 401 thru D16-402). 2 speakers. Zoning Administrator Craig gave a summary of the bed and breakfast. He said it would be a three (3) bedroom bed and breakfast (B&B), with up to 5 guests at one time. Ms. Antil advertises on Air B&B. The home is within the College Terrace neighborhood and it is adjacent to the University. There are ten (10) parking spaces available and she only needed five (5). Ms. Antil has been operating the B&B for four (4) years without complaint. Mr. Craig said he had proposed a few 19473 Public Hearing 10/25/16 conditions which were included in the resolution. Denise A. Antil, 1619 Sunken Road, clarified that the property was being operated as an Air B&B. Ms. Antil said she has five (5) to six (6) guests and she added that she was the longest serving Air B&B in the area. Ryguy Mau Muhammed, 1112 Caroline Street, stated that he would like to see the Black Panther Breakfast go along with this B&B. Vice-Mayor Withers moved to approve Resolution 16-92, granting a Special Use Permit to Denise A. Antil for a Bed and Breakfast Inn at 1619 Sunken Road and with the added condition of a three (3) year sunset clause; motion was seconded by Councilor Devine. Councilor Devine said she knew people who had stayed at this Air B&B and had enjoyed their stay. She said this was the perfect location because it was within walking distance of downtown. Councilor Frye suggested the City provide the Air B&B with proper advertisements for the City to share with the guests. The motion passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). Resolution 16-93, Approved, Approving a Special Use Permit Amendment for the HealthSouth Rehabilitation Hospital of Fredericksburg (D16-403 thru D16-404). no speakers. After staff presentation Councilor Devine moved to approve Resolution 16-93, approving a Special Use Permit Amendment for the HealthSouth Rehabilitation Hospital of Fredericksburg; motion was seconded by Councilor Ellis and passed by the following recorded votes. Ayes (7). 19474 Public Hearing 10/25/16 Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). Adjournment. There being no more speakers to come before the Council at this time. Mayor Greenlaw declared the hearing officially adjourned at 9:34 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 19475 Public Hearing 10/25/16 19476 Public Hearing 10/25/16 [This page intentionally left blank.] 19477 Regular Session 10/25/16 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 October 25, 2016 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, October 25, 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, Community Planning and Building Development Director Charles Johnston, Zoning Administrator Michael Craig, Historic Resources Planner Kate Schwartz, Interim Economic Development Director Bill Freehling, Budget Manager Deidre Jett, Public Works Director Doug Fawcett and Clerk of Council Tonya B. Lacey. Opening Prayer and Pledge of Allegiance. Council was led in prayer by Councilor Matthew J. Kelly followed by the Pledge of Allegiance led by Mayor Mary Katherine Greenlaw. Officer Recognized. Mayor Greenlaw recognized the presence of Officer Stu Butterfield at this evening’s meeting. 19477 Regular Session 10/25/16 Wall of Honor Ceremony – Nancy Moore, Chair of Memorials Advisory Commission. The Chair of the Memorials Advisory Commission Nancy Moore gave a brief overview of the wall of honor process and she called on each of the representatives of the nominees to give a brief description of the person’s life and their many contributions to the Fredericksburg community and Vice-Chair Michael Spencer revealed the names on the wall and Ms. Moore presented each of the families with a certificate. The 2016 Wall of Honor honorees were Barbara Malone Crookshanks, Charles Spurgeon Rowe, Ralph H. Smith and Gladys Todd. Columbia Gas Update – Robert Innes, Columbia Gas. Mr. Innes updated that they were in week seven (7) of a ten (10) week project in the Hazel Hill neighborhood. As of this week they restored 5 buildings with the natural gas. They had installed sixteen (16) total service lines and half of the neighborhood had the main in place. They decided to extend the main just outside of Hazel Hill so they could have a two way feed in there for system integrity. He said they would continue to work with Hazel Hill management team, City Staff, and with the residence of Hazel Hill. He said the work should be complete mid-November. Mr. Scott Kline of Hazel Hill thanked the City for all the support and he thanked Columbia Gas for keeping the work site neat and safe for the tenants. Councilor Frye said this was a rocky road but he was pleased with the progress that had been made. Welcoming of Este, Italy Sister City Representative Dr. Giuseppe Lava on behalf of Mayor Roberta Gallana – Kathryn Willis, President of the Este Sister City Association said the organization had been in existence for 2 years and 19478 Regular Session 10/25/16 they had accomplished a great deal to advance the relationship between Este and the City. Ms. Willis said Neil Reed, a potter in the City, recently returned from a two week sponsored art exchange to represent Fredericksburg. The organization was currently working with LibertyTown to have a show to exhibit Mr. Reed’s work. Ms. Willis introduced Dr. Giuseppe Lava the representative from Este who brought greetings from Mayor Roberta Gallana. Dr. Lava was here to work on a partnership between Mary Washington Hospital and the Regional Medical Center in Este in collaborative learning projects. Dr. Lava said he was glad to be here and to share in friendship. He presented the Mayor with a clock for the City to represent prosperity and friendship. Public Hearings Conducted (D16-397 thru D16-404). 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. Eric Bonds (D16-405), 437 Hanson Avenue, Professor at the University of Mary Washington, stated that he asked his political sociology course to undertake a community involved project. One of the suggestions was to consider renaming the Jefferson Davis Highway, within the Fredericksburg limits. The project was to help students develop democracy skills, and encourage them to think about democracy in an active sense. The students did historical research about Jefferson Davis and the origin of the highway name, meet with Councilor Kelly and with other community members. Mr. Bonds added that Jefferson Davis was not honored for his wisdom or his heroic acts as others might 19479 Regular Session 10/25/16 remember, but because he was a symbol of white supremacy. Mr. Bond said he would like to see the City make a decision as the City of Alexandria did by renaming the highway. He also suggested the City form a Taskforce to looking into the possibility of a name change. See D16-405 for more information. William West, 1311 Princess Anne Street, noted that Jefferson Davis Highway was renamed by the state legislature and that is who would have to make the change. He also said that there were strict laws against nonprofit educational organizations participating in the political process which is what he thought was happening. Finally, he said the instructor referred to democracy in the Marxists tone. He said many had ancestors in the war. He requested the Council disregard the request Drew Shannon, College Avenue, student of Mary Washington, spoke in support of renaming Jefferson Davis Highway. He said this was a name that misrepresents the values of the community. Mr. Shannon said by allowing Jefferson Davis’ name on the Highway was an endorsement to his values. He said it was the City’s duty to reflect our values and to remove his name from the highway. John Johnson (D16-406), 6009 Fox Point Road, 22407, spoke in opposition of changing the name of Jefferson Davis Highway. He said erasing history is a crime against future generations. It diminishes their legacy. Mr. Johnson said history was a valuable resource and he noted that many visitors come to the area to absorb some fragment of whatever historical era they are interested in. See D16-406 for more information. Chris Ezelle (D16-407), 1327 Dogleg Drive, Locust Grove, VA, warned the Council of the many direct and indirect cost for changing the name of a major highway. He also added that someone must prepare a petition and circulate to every person/business 19480 Regular Session 10/25/16 located along that stretch of highway. Mr. Ezelle noted that in recent years the Council had been reluctant to approve “private-interest” requests for street renaming without a substantial rationale given the costs. See D16-407 for more information. Roy Perry (D16-408), 1032 Conway Road, spoke in opposition of changing the name of Jefferson Davis Highway. Mr. Perry gave a brief history of Jefferson Davis and others who owned slaves. He stated that he did not understand the motive behind the class or instructor, but added if they were offended by Jefferson Davis they should be equally offended by the name Mary Washington by which the University bears her name. See D16-408 for more information. Kyra Ketch (D16-409), College Avenue, a student at University of Mary Washington spoke in support of changing Jefferson Davis Highway name. She spoke of the history of Jefferson Davis and Ms. Ketch said this was an opportunity to brand the City as a more welcoming community. Ms. Ketch added that there are economic and social benefits of becoming more welcoming. The City has great historical significance, but Ms. Ketch said there was great disparity in whose history had been chosen to be memorialized. Ms. Ketch said Route One was an inappropriate place to remember Jefferson Davis. See D16-409 for more information. Teresa Roane (D16-410), Richmond, VA, a historian, spoke in opposition of changing the name of Jefferson Davis Highway. Ms. Roane gave a brief history of Jefferson Davis and she said history was complex and we are meant to study, it not eradicate it. She added that changing street signs and other aspects of history was the beginning of a slippery slope. See D16-410 for more information. 19481 Regular Session 10/25/16 Jacqueline Ferris (D16-411), 1110 Braize Road, 22405, spoke in opposition of changing the name of Jefferson Davis Highway. She said the City was falling into the prey of slowly chipping into history with the removal of flags and anything southern. Ms. Ferris gave a brief summary on Jefferson Davis’ history. She asked that the City not fall into another attack and abolishment of American History. See D16-411 for more information. Jenna Bernstien, spoke in opposition of changing the name of Jefferson Davis Highway. She passionately spoke of her time on some of the battlefields where soldiers had lost their lives. She said there were other positive ways to help the community other than erasing the history. Elizabeth Hiatt (D16-412), 1701 College Avenue, University of Mary Washington College student, spoke in support of changing the name of the Jefferson Davis Highway. Ms. Hiatt gave a brief history on how the street name became Jefferson Davis Highway. She said the City must confront the implications of celebrating symbols of racism, hatred and violence and confront the history behind commemorating these symbols. See D16-412 for more information. Yanina Angelini, 1405 Princess Anne Street, spoke in support of changing the name of Jefferson Davis Highway. She said she was appalled by the revisionism. She said it was anti-American to have Jefferson Davis name on the highway. Charles McKnight Anderson, 4202 Oak Hill Road, said the enthusiasm of the college students was to be admired but their intentions and their efforts were misguided. He said when we acknowledge figures from the past it was not an endorsement for all that they did throughout their life. Mr. Anderson said before citizens are forced to bear the 19482 Regular Session 10/25/16 cost of renaming the highway they should have an opportunity to have their voices heard by referendum or taskforce. Neil Russell, Del Plains, VA, spoke on the history of the war in Virginia. Mr. Russell said people needed to be remembered for what they did. He said the south has done so much for the country. Mr. Russell said he was proud to be a Virginian and people not from Virginia want to come here and change things. Motion to Suspend the Rules. – Councilor Kelly made a motion to spend the rule to allow the Council to meet past the 11:00 hour; motion was seconded by Councilor Devine and passed by the following recorded votes. Ayes (5). Councilors Greenlaw, Devine, Duffy, Ellis, and Kelly. Nays (2). Councilors Withers and Frye. Council Agenda Presented. There were no items presented to Council for discussion. 7A. Jefferson Davis Highway Renaming – Councilor Kelly 7B. High Speed Rail – Councilor Kelly Jefferson Davis Highway Renaming – Councilor Kelly gave context to the discussion. He said many lost their lives within a few miles of the City, more than any other place in the world fighting a war that defined this nation. Councilor Kelly had a few concerns after listening to the discussions. He said the history was filled with both good and bad and it is what defines us not a street name. He also said people define the City and he said this City was very diverse. Councilor Kelly said the students needed to learn that the country was in a bad state because many will not discuss issues with each other and respect other’s opinions. He noted that the United Daughters of the Confederacy and the Sons of the Confederate 19483 Regular Session 10/25/16 Veterans no longer advocate slavery and to imply that the stigma remains was unfair. Councilor Kelly added that history was very important and learning from it was extremely important. The Civil War was important to the City’s history and the economics of it. Councilor Kelly said he had great faith in the City and there were many smart thinking people who have brought the City through this history and he would like everyone to talk about this. The students have the right to their opinions but some of the comments made should not have been made. Councilor Kelly said the National Park Service had offered to have the discussion but everyone must be able to work together. Councilor Kelly made a motion to allow the National Park Service to take up the conversation to include the students; and to set up a working group with the National Park Service; motion died for lack of a second. Mayor Greenlaw was not opposed to having dialog or a working group. She said this was a community decision and the community was capable of making the decision. Councilor Devine added that the discussion was about a lot of things and one was the democratic process and democracy involved freedom of speech. She said she was glad to hear from so many. Councilor Devine said any action from the Council at this point would be premature because it seemed as if the issue was being handed off to the Council without all the research being done. Changing a highway name is larger than simply changing a name. It would involve a lot because it would involve many businesses and homes and much more. Councilor Devine said she would like to have this discussion after the students completed the assignment and do some of the research to see what it would take to engage some local interest, what the costs of signage would be, what the cost to businesses would be for changing all of their marketing and advertising materials and GPS 19484 Regular Session 10/25/16 systems. She added that at this point she had no idea what it would take to change the name. She reminded everyone that the Council recently decided against changing the name of Fall Hill Avenue when it was proposed because of the impacts on the residence and businesses on Fall Hill and instead named the new bridge in honor of someone instead. Councilor Devine said there were immense costs and pieces to the project and it was premature to set up a committee. She said the City was much more than the name on a street. Councilor Ellis said there was lots of passion and he appreciated everyone’s viewpoints. He said this was a phenomenal opportunity they had to speak to this issue. He applauded the zeal and willingness but he said the students seemed to lack some understanding of history and he said they needed to take time to understand the opposition of the proposal. Councilor Ellis said this was our history and it could not be ignored or eradicated and he encouraged the students to make their own history and have something named after them. Councilor Duffy thanked Councilor Kelly for his comments. As a history major he found it intriguing to hear the comments. He said it was an honor to be a part of the process and he appreciated everyone who came out. Vice-Mayor Withers said even though the Council did not sanction the committee Councilor Kelly could talk to this topic on his own. He said they did not change the Fall Hill Avenue name because of the historic significance of its name, as well as the affects it would have on the businesses and residents. Councilor Frye thanked the students and everyone else for coming out to give their opinions. He said everyone’s opinion was valuable. He thanked Mr. Bonds for working 19485 Regular Session 10/25/16 with his students. Councilor Frye also suggested Mr. Kelly that if he moved forward with any committees that he made it open to the public. He wanted to make sure the public was informed. Councilor Frye suggested if there was a committee formed that the people were not handpicked. Mayor Greenlaw thanked everyone and she hoped everyone learned something from this process. High Speed Rail - Councilor Kelly announced that Hap Connors with the Commonwealth Transportation Board would be hosting a High Speed Rail and Public Transportation presentation at 7:00 p.m. on Thursday, October 27 in the Council Chambers. He said the City Council would have to start meeting on this topic. City Manager’s Consent Agenda Accepted for Transmittal as Recommended (D16-413 thru D16-431). Following review and as recommended Councilor Kelly moved approval of the City Manager’s consent agenda items; 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). • Transmitting the MCI License Agreement (D16-413). • Transmitting the 4-Hour Holiday Parking (D16-414). • Resolution 16-94, First Read, Approved, Amending the Fiscal Year 2017 Budget to Recognize Debt Service Payments Received from the Rappahannock Regional Solid Waste Management Board for the Solid Waste Revenue Bonds, Series 2015D (D16-415). • Resolution 16-95, Approved, Amending the Fiscal Year 2017 Budget to Recognize Special Welfare Fund Activity (D16-416). 19486 Regular Session 10/25/16 • Resolution 16-96, Approved, Amending the Fiscal Year 2017 Budget by Appropriating $12,640 in the City Grants Fund for a Library of Virginia Records Preservation Grant (D16-417). • Resolution 16-97, Approved, Authorizing the Mayor to Approve the Assignment of the Mary Washington Lodge License (D16-418). • Transmittal of Boards and Commission Minutes. o Architectural Review Board - June 13, 2016 (D16-419). o Architectural Review Board - June 27, 2016 (D16-420). o Architectural Review Board - July 11, 2016 (D16-421). o Architectural Review Board - July 25, 2016 (D16-422). o Architectural Review Board - August 8, 2016 (D16-423). o Board of Social Services - August 11, 2016 (D16-424). o Clean and Green Commission - August 8, 2016 (D16-425). o Clean and Green Commission - September 12, 2016 (D16-426). o Planning Commission - August 31, 2016 (D16-427). o Planning Commission - September 14, 2016 (D16-428). o Public Transit Advisory Board - June 1, 2016 (D16-429). o Public Transit Advisory Board - July 13, 2016 (D16-430). o Recreation Commission – July 21, 2016 (D16-431). Adoption of Minutes. Councilor Devine moved approval of the September 27, 2016 Public Hearing and Regular Session minutes; 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). 19487 Regular Session 10/25/16 Reappointments to the Memorials Advisory Commission – Jervis Hairston and Paula Raudenbush (D16-432). Councilor Devine made a motion to reappoint Jervis Hairston and Paula Raudenbush to the Memorials Advisory Commission; 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). Reappointment to the Board of Zoning Appeals – James Jarrell (D16-433). Councilor Kelly made a motion to reappoint James Jarrell to the Board of Zoning Appeals; 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). Appointment to the Cable Commission – Andrew Wolfenbarger (D16-434). Councilor Devine made a motion to appoint Andrew Wolfenbarger to the Cable 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 Fredericksburg Clean and Green Commission – Kyle Snyder and Janice Olsen (D16-435). After the recorded votes taken, Kyle Snyder was reappointed to the Clean and Green Commission with a vote resulting between applicants Kyle Snyder and Janice Olsen. Snyder (6) Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye. Olsen (1) Councilor Kelly. 19488 Regular Session 10/25/16 Appointments to the Planning Commission – Christopher Hornung and Steven Slominski (D16-436). After the recorded votes taken, Christopher Hornung and Steven Slominski were appointed to the Planning Commission with a vote resulting between applicants Christopher Hornung, Steven Slominski and Rene Rodriguez. Hornung (6) Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye. Slominski (7) Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye, Kelly. Rodriguez (1) Councilor Kelly. Resolution 16-98, Approved, Approving Economic Incentives for the NBB, LLC Mixed Use Project (D16-437 D16-438). – After staff presentation Councilor Kelly made a motion to approve Resolution 16-98, approving economic incentives for the NBB, LLC mixed use project; 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). Ordinance 16-24, First Read Approved, Revising the Purposes and Duties of the Recreation Commission (D16-439). – Councilor Duffy made a motion to approve Ordinance 16-24, on first read, revising the purposes and duties of the Recreation Commission; 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). Approving the Holiday Schedule (D16-440). – After staff presentation Councilor Kelly made a motion to approve the holiday schedule as presented; motion was 19489 Regular Session 10/25/16 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 16-99, Amending the Fiscal Year 2017 Budget by Using $25,000 of General Fund Contingency for the Wheeled Refuse Cart Program (D16-441). – After staff presentation Vice-Mayor Withers made a motion to approve Resolution 16-99, amending the Fiscal Year 2017 budget by using $25,000 of General Fund Contingency for the Wheeled Refuse Cart Program; 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 16-100, Authorizing the City Manager to Apply for $150,000 in Fiscal Year 2018 Virginia Department of Transportation Revenue Sharing Funds and $450,000 in Highway Safety Improvement Funds (D16-442). – After staff presentation Councilor Kelly made a motion to approve Resolution 16-100, authorizing the City Manager to apply for $150,000 in Fiscal Year 2018 Virginia Department of Transportation Revenue Sharing Funds and $450,000 in Highway Safety Improvement Fund; 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). City Manager’s Report and Council Calendar (D16-443 thru D16- 444). City Manager Baroody reviewed the Manager’s report and Council Calendar. Activities highlighted on the report were as follows: High Speed Rail Study Public Meeting’ 2016 Holiday Ornament Available Soon, Window Wonderland Back for Sixth 19490 Regular Session 10/25/16 Year, Police Department Employees Participate in National Coffee with a Cop Day; the Police Department Partners with Sugar Shack Donuts for a Special Olympic Fundraiser, Annual Fire Department Open House Draws a Large Crowd, Train Station Power Washed and Motts Reservoir Extends Fall Hours. Adjournment. There being no further business to come before the Council at this time, Mayor Greenlaw Declared the meeting officially adjourned at 11:35 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC [This page intentionally left blank.] 19491