City Council

Regular Session 11/22/16 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 November 22, 2016 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, November 22, 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, Police Chief David Nye, Captain Brian Layton, Sergeant Crystal Hill, Community Planning and Building Development Director Charles Johnston, Zoning Administrator Michael Craig, Community Development Planner Suzanna Finn 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 Auxiliary Officer Stuart Butterfield at this evening’s meeting. 19511 Regular Session 11/22/16 Proclamation for Small Business Saturday (D16-470). Mayor Greenlaw presented DeeDee Lecky and April Peterson with a proclamation proclaiming November 26, 2016 as Fredericksburg Small Business Saturday, and she urged residents of the community to support the businesses and merchants on Small Business Saturday and throughout the year. Ms. Lecky thanked the community for their support and she said the small businesses could not be successful without their support. University of Mary Washington Update – Dr. Troy Paino. Mr. Paino said he was looking forward to a cooperative relationship with the City. He said he had been at the University for five months and he was excited to be here. He noted that the University had received a record number of applications last year but he said his focus was not on the growth of the school. Mr. Paino said he would like to slightly downsize and increase diversity. He wants to also focus on the retention of the graduation rates, continuing education and partnering with Germanna. Mr. Paino said he would like to get out into the community to see what the needs were and help to attract more employers to the area. Mr. Paino also stated that he would like to get more students to live on campus and they were currently working to renovate some of the residential halls and building new halls. He noted that the college was working with the City on the City’s Parking Master Plan. Vice-Mayor Wither thanked Mr. Paino for working with the City on issues brought up at the Town and Gown meetings. Mr. Paino said he has enjoyed working and getting to know Mr. Baroody. 19512 Regular Session 11/22/16 Mayor Greenlaw said the University was an enormous asset to the City and the City enjoys working with the College. Mr. Paino noted that their athletic department has received some success this year and he invited the City Council to attend some of the sporting events. Councilor Devine welcomed Mr. Paino and she noted that the City had discussed tourism and she asked that Mr. Paino and the City Manager discuss trying to interrelate tourism to the families that come to the City. Mr. Paino said that he plans to make that a major focus in the future because he does not think they do a good job with that currently. Public Hearings Conducted. There were no public hearings conducted at this meeting. Citizen Comment. The following speaker participated in the citizen comment portion of this evening’s meeting. Jason Towery, 1410 Preserve Lane, came to let the Council know that something needed to be done at the intersection of Amelia and Princess Anne Streets. He said his son was hit when he and his nanny were crossing the street. He requested that the Council look into ways to improve that intersection. Council Agenda Presented. There were no items presented to Council for discussion. 7A. 3rd Annual Gun Giveback Program – Councilor Frye 7B. Crosswalks – Councilor Ellis 7C. Hazel Hill Update – Councilor Frye 7D. CSX – Councilor Frye 19513 Regular Session 11/22/16 3rd Annual Gun Giveback Program – Councilor Frye announced that on December 10, the Police Department would be holding the 3rd Annual Gun Giveback Program. In, the last two years a total of 105 guns had been turned in through this program. Councilor Frye explained that this would be strictly on a volunteer basis and there would be no questions asked. He thanked both the Police and Sheriff’s offices and Ms. Doris Buffet for her contribution Ms. Buffett will donate $100 for each gun that’s turned in to four separate charities. Crosswalks – Councilor Ellis said he would like to have the crosswalks at Amelia and Princess Anne and George and Princess Anne Streets looked at for safety reasons. He suggested possibly removing the parking space on the ends to help with the sight lines or put in a hand crossing signal or a flashing light. He said the corner of William and Charles was also a dangerous intersection for pedestrians. Mr. Baroody said staff would look into it and bring it back to Council. Hazel Hill Update – Councilor Frye reported that as of the end of last week everyone had heat and hot water at Hazel Hill Apartments. He thanked Micah Ministries for offering to help with blankets if they were needed when the temperature dropped. He said thankfully they were not needed because everyone had heat by the time the temperature dropped. CSX – Councilor Frye stated that he had requested at the last meeting that CSX come to give an update. He said he hoped the track project was still on track. Councilor Kelly noted that CSX did provide a representative to serve on the Local Emergency Planning Committee. He said he hoped to have conversation with CSX and Virginia Railway Express about the train station. 19514 Regular Session 11/22/16 City Manager’s Consent Agenda Accepted for Transmittal as Recommended (D16-471 thru D16-480). Following review and as recommended Councilor Kelly moved approval of the City Manager’s consent agenda items; motion was seconded by Councilor Devine and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). • Resolution 16-103, Second Read, Amending the Fiscal Year 2016 Budget by Appropriating $273,381 in General Fund Balance Reserved for Regional Detention Facility Contribution Stabilization for the City’s Reconciled Share of Costs at the Rappahannock Juvenile Detention Center (D16-471). • Transmittal of Boards and Commission Minutes. o Architectural Review Board Supplemental – September 12, 2016 (D16- 472). o Architectural Review Board – September 12, 2016 (D16-473). o Architectural Review Board Supplemental – September 26, 2016 (D16- 474). o Architectural Review Board – October 17, 2016 (D16-475). o Clean & Green Commission – October 3, 2016 (D16-476). o Planning Commission – October 12, 2016 (D16-477). o Potomac, Rappahannock Transportation Commission – October 6, 2016 (D16-478). o Potomac, Rappahannock Transportation Commission – October 24, 2016 (D16-479). o Recreation Commission – September 15, 2016 (D16-480). 19515 Regular Session 11/22/16 Adoption of Minutes (D16-481 thru D16-484). Councilor Ellis moved approval of the March 4, March 5, March 20 and April 2 Work Session and the November 8, 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). Resolution 16-105, Appointing Members to the City Towing and Recovery Board (D16-485). Councilor Devine made a motion to approve Resolution 16-105 appointing members to the City Towing and Recovery Board (Sgt. Crystal Hill, Meghan Kerlavage, Michael Powell); 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). Ordinance 16-26, First Read Approved, Rezoning 20.84 Acres of Land Located on the Southside of Fall Hill Avenue, Between Briscoe Lane and I-95, from Residential R-2 to Commercial Highway and R-12, with Conditions (D16-486 thru D16-487). – Zoning Administrator Mike Craig briefly discussed the final proffer on affordability. In regards to the cash proffer offered for affordable housing the City Attorney determined that until the City adopts an affordable housing ordinance in accordance with the Code of Virginia, the City could not accept cash proffers for affordable housing. The second proffer for affordable housing was also adjusted instead of the $200 reduction on the 12 units they would use the fifty percent (50%) area median income criteria which will be more than the originally proposed $200 reduction. 19516 Regular Session 11/22/16 Vice-Mayor Withers expressed his concerns for using property that was proposed in the Comprehensive Plan (Comp Plan) for Commercial and changing the use to apartments. He asked how much of the housing in the City was considered affordable housing and Mr. Craig said that would be difficult to answer because a study would need to be completed to figure it out. Mr. Craig did however state that fifty percent of the renters in the City were housing burdened which means they are spending thirty percent (30%) or more of their income on housing. Vice-Mayor Withers said he could not support any decision that goes against the Comp Plan. He said every time the City did away with commercial it did away with money for services. Councilor Kelly stated that times were changing and people were not looking to buy homes like they used to. He said the Council must look at the workforce in the community and see what they can afford. Councilor Kelly said many of the people who work for the City cannot afford to live in the community in which they work. He said he also wanted those people to be able to use their disposable incomes in their community. Councilor Kelly noted that the City needed to discuss future housing in the City. He also said that this project was not significant enough to require proffers for schools but the developer was offering proffers for schools. Councilor Kelly said this project fits the location and meets the needs of the community. Councilor Frye stated that he was happy to support this project because of the car dealership and the townhomes that were included. He said this package was more realistic and it was not just apartments and because of that he could support it. Councilor Ellis highlighted some of the items in an article that he had received from the applicant which stated that the national trend in homeownership was declining, 19517 Regular Session 11/22/16 millennials are less likely to buy homes, millennials do not want to be tied down and they want convenience. Councilor Devine agreed with Vice-Mayor Withers and said the City has not seen what the approved housing stock will do to services and schools. She thought approving these apartments was premature and that the Council needed to follow the Comp Plan. Councilor Duffy also agreed with Councilors Withers and Devine and said the focus needed to be on increasing the income of those in Central Park. He said this project was not in the interest of the overall community. Councilor Ellis made a motion to approve Ordinance 16-26, on fist read, rezoning 20.84 acres of land located on the southside of Fall Hill Avenue, between Briscoe Lane and I-95, from Residential R-2 to Commercial Highway and R-12, with conditions; motion was seconded by Councilor Kelly and passed by the following recorded votes. Ayes (4). Councilors Greenlaw, Ellis, Frye and Kelly. Nays (3) Councilors Withers, Devine and Duffy. Motion to Suspend the Rule. In order to place Ordinance 16-26 on for second read Councilor Ellis moved to suspend the rules; 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 16-26, Second Read Approved, Rezoning 20.84 Acres of Land Located on the Southside of Fall Hill Avenue, Between Briscoe Lane and I-95, from Residential R-2 to Commercial Highway and R-12, with Conditions. – Councilor Ellis made a motion to approve Ordinance 16-26, on second read, rezoning 20.84 acres of land located on the south side of Fall Hill Avenue, 19518 Regular Session 11/22/16 between Briscoe Lane and I-95, from Residential R-2 to Commercial Highway and R-12, with conditions; motion was seconded by Councilor Kelly and passed by the following recorded votes. Ayes (4). Councilors Greenlaw, Ellis, Frye and Kelly. Nays (3) Councilors Withers, Devine and Duffy. Ordinance 16-27, First Read, Repealing the Aggressive Solicitation Ordinance: Adopting Ordinances on Impeding or Interfering with Pedestrian or Vehicle Traffic and Pedestrians in Roadway (D16-488 thru D16-489). – Councilor Kelly asked how much was collected in fines and how many have had to go to the judge for action. He said he would rather see the violators receive community service. Councilor Kelly thought community service made more sense than trying to collect fines. Councilor Kelly made a motion to approve Ordinance 16-27, on first read, repealing the aggressive solicitation ordinance: adopting ordinances on impeding or interfering with pedestrian or vehicle traffic and pedestrians in roadway and he added that he would like to see community service in the ordinance; 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). Revising Taxicab Regulations Relating to Certificates of Public Convenience and Necessity, Motor Vehicle Safety, Driver Safety, and Fares and Charges, and Dissolving the Taxicab Board (D16-490 thru D16-491). – Staff presented a PowerPoint presentation which reviewed the Initiatives, the initiatives they wanted to keep and those to be changed, Transportation Network 19519 Regular Session 11/22/16 Companies (TNC) Requirements and Disqualifications, the requirements suggested to keep and change for Taxi Vehicles, Taxi Fare Regulations, Taxi Fare Comparison, Current Fare Schedule from City Code and Taxi Operation to keep and change. Councilor Kelly had several questions that he wanted to ask the Taxi Co. He asked Mayor Greenlaw if Mr. Matthew Haney could answer a few of his questions. Mayor Greenlaw called Mr. Haney to the podium. Councilor Kelly asked Mr. Haney what his thoughts were on the proposed changes. Matthew Haney, 1309 Powhatan Street, Owner of Dispatch Company for 25 years. He said UBER was not a big force in the City right now but he stated that if the set rates went away and Taxi Companies would have the choice of how they wanted to charge he felt the rates would go way up because of the competition. He said that would help the drivers but not the citizens. He said many of the complaints they receive are because of the inconsistency of rates which are posted in the vehicles. Mr. Haney stated that many of the Companies were in favor of some sort of meter when they met with the Chief in April. Councilor Kelly said he would like to keep the fares the same because he felt the proposed changes would give up all control to regulate the fares. Chief Nye said they rarely receive complaints on the fares. He said they received 2 in the past year. Mr. Haney explained that allowing cab companies to choose the way they are going to charge would make if difficult for citizens. He did not think they would like being charged different every time they caught a cab. Councilor Duffy said under the proposed changes the charges may be different depending on the cab company. He said he had concerns with the city determining the cost of goods and services. 19520 Regular Session 11/22/16 Vice-Mayor Withers asked Mr. Haney if he was suggesting the prices stay the same or go higher and Mr. Haney said the fee structure should be increased but they should stay organized and set so that customers would know what the cost would be. Mr. Haney said it would not better serve those who need the service if it was not regulated. Councilor Ellis said he thought the government needed to get out of the way and step in when there were safety issues. He said businesses should control their own pricing. Councilor Frye was concerned that the changes would cause high rates and that would not be fair and he was concerned that the companies with a lot of vehicles would wipe out the companies with only a few cars. He does not want the rates to be too high for those on a fixed income. Councilor Frye would like to see a cap placed on the rates. Councilor Kelly said he wanted to have more discussion on the rates. He said it may be easier to have a single rate and tweak it some. Vice-Mayor agreed to take another look. Councilor Duffy said this was complicated but he would be willing to look at what the industry thought would be best. Mayor Greenlaw said it was time to take a good look at this and she suggested having more dialog with the taxi community. City Manager Baroody said they would take this back up with the taxi community and bring it back to City Council at the appropriate time. City Manager’s Report and Council Calendar (D16-492 thru D16- 493). City Manager Baroody reviewed the Manager’s report and Council Calendar. Activities highlighted on the report were as follows: Holiday Events, Downtown 31, 19521 Regular Session 11/22/16 WWII Veterans Appreciation Event, Forum on Regional Tourism Partnership, EDT Staff Attend Tourism Summit, EDT Staff Attend Civilian- Military Council, Police Department Employees Partake in Treats on the Streets, The Police Department Participates in Community Cleanup Day and Building Statistics Reports. Closed Meeting Approved (D16-494). Upon the motion of Councilor Kelly, seconded by Councilor Devine and passed by the following recorded votes, Council approved a closed session under Virginia Freedom of Information Act section 2.2- 3711(A)(3) to discuss the potential acquisition of real property, consisting of approximately 34 acres of land adjacent to the Sunshine Lady Ballpark, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the City Council; under Virginia Code §2.2-3711(A)(7) for consultation with the City Attorney for legal advice regarding Bragg Hill Corporation’s claim of vested rights to develop the property. Ayes (7) Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye, and Kelly. Nays (0). Return to Open Meeting Approved. Upon the motion of Vice-Mayor Withers, seconded by Councilor Devine and passed by the following recorded votes, Council approved a return to an open meeting. Ayes (7) Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye, and Kelly. Nays (0). Resolution 16-106, Approved, Certifying Closed Meeting. Upon the motion Vice-Mayor Withers approved Resolution 16-106 certifying the closed meeting; seconded by Councilor Devine and passed by the following recorded votes. Ayes (7) Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye, and Kelly. Nays (0). 19522 Regular Session 11/22/16 Adjournment. There being no further business to come before the Council at this time, Mayor Greenlaw declared the meeting officially adjourned at 10:21 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 19523 Regular Session 11/22/16 19524 Regular Session 11/22/16 [This page intentionally left blank.] 19525