City Council

Public Hearing 01/10/17 CITY OF FREDERICKSBURG, VIRGINIA HON. MARY KATHERINE GREENLAW, MAYOR CITY COUNCIL HON. WILLIAM C. WITHERS, JR., VICE -MAYOR, WARD TWO 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 January 10, 2017 The Council of the City of Fredericksburg, Virginia, held a public hearing on Tuesday, January 10, 2017, beginning at 7:36 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, Assistant City Manager Doug Fawcett, City Attorney Kathleen Dooley, Budget Manager Deidre Jett and Clerk of Council Tonya B. Lacey. Notice of Public Hearings (D17-01 thru D17-02). The Clerk read the notice of the public hearings as they appeared in the local newspaper, the purpose being to solicit citizen input. Resolution 17-01, Approved, Decommissioning of Traffic Signals (D17-01 thru D17-02). 2 speakers. After staff presentation Mayor Greenlaw asked for clarification on whether the signals would be removed immediately and Assistant City Manager Fawcett stated that the signals would remain in place but would be bagged for approximately 30 days before being removed. Vice-Mayor Withers asked if they were planning to put the lights on flashing red and yellow prior to turning the lights off and Mr. Fawcett stated they were not. He said he did 19539 Public Hearing 01/10/17 not want to confuse drivers. Councilor Frye said he could not support the removal of any of the signals especially the one at Germania and Fall Hill Avenue because of the young drivers from the high school, the school busses and the employees in the office building at the old hospital. He also was not in support of the removal of the one at the corner of Hanover and Kenmore because of Maury field. Councilor Frye also said he had received a call from a citizen in a wheel chair and they had concerns with crossing the street with no signals in place. Councilor Kelly stated that all the signals would have to be replaced and he asked Mr. Fawcett what the cost would be to replace all the signals. Mr. Fawcett said it would cost upward of $250,000 to replace all the signals. Mr. Fawcett added that several of the signals interfere with the overhead power lines and this would add cost to the figures. Councilor Kelly requested that if Council moved forward with the approval that staff collect data on all the concerns and bring that information back to council on whether the changes were working. Councilor Kelly suggested moving forward and seeing what happens at the intersections after the changes were put in place. Councilor Devine also expressed concerns for removing the signal at Fall Hill and Germanina because of the many young drivers going to the high school. She said she had a concerned citizen come to her about making this intersection more pedestrian friendly and she did not think removing this light was the answer. Councilor Devine suggested maybe trying the changes in June once school was out and giving people an opportunity to get used to the changes. Paula Raudenbush, 806 Mercer Street, said she came prepared to be adamant about her desire to see the light stay but after hearing the presentation she said maybe 19540 Public Hearing 01/10/17 removal would be alright. She said her concern was the school that was near the Hanover and Littlepage Street intersection and she was concern that people may run the stop sign. She thought that because of the school the signal should stay. David McLaughlin, 1420 Kenmore Avenue, spoke in support of the decommissioning of the light and urged Council to move forward. Councilor Duffy said he initially shared the concerns with removal of the signal at Germania and Fall Hill Avenue but understood the costs to upgrade. He said he was comfortable with moving forward as long as there was signage warning of the changes and as long as they were going to be monitored closely. Councilor Kelly moved to approve Resolution 17-01, decommissioning of traffic signals; motion was seconded by Councilor Ellis. Mayor Greenlaw said the process as described gives adequate time to study as the lights would remain in place to see how it was going to work and she could support it. Vice Mayor Withers made a substitute motion to approve Resolution 17-01 but remove the light at Fall Hill and Germania Streets; motion was seconded by Councilor Devine. Vice-Mayor Withers asked Assistant City Manager Fawcett if the consultant said whether this intersect was any more important than the other and Mr. Fawcett said the consultant stated that none of the intersections warranted a signal. Vice-Mayor Withers asked Mr. Fawcett if he had the money would he replace the signal and Mr. Fawcett said he would not feel comfortable substituting his judgment for the standards, warrants and other variables that were applied to the study. Mr. Fawcett said he was not a traffic engineer and he would not be comfortable making that decision. Councilor Frye requested that when staff returned with the study he would like to 19541 Public Hearing 01/10/17 see an update on traffic violations and accidents at that time. The substitute motion failed by the following recorded votes. Ayes (2). Withers and Devine. Nays (4). Councilors Greenlaw, Duffy, Ellis and Kelly. Abstain (1). Councilor Frye. The original motion passed by the following recorded votes. Ayes (4). Councilors Greenlaw, Duffy, Ellis and Kelly. Nays (3). Withers, Devine and Frye. Adjournment. There being no more speakers to come before the Council at this time. Mayor Greenlaw declared the hearing officially adjourned at 8:02 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 19542 Regular Session 01/10/17 CITY OF FREDERICKSBURG, VIRGINIA HON. MARY KATHERINE GREENLAW, MAYOR CITY COUNCIL HON. WILLIAM C. WITHERS, JR., VICE -MAYOR, WARD TWO 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 January 10, 2017 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, January 10, 2017, beginning at 7:33 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, Assistant City Manager Doug Fawcett, City Attorney Kathleen Dooley, Budget Manager Deidre Jett 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 Cub Scout Pack 57. Officer Recognized. Mayor Greenlaw recognized the presence of Auxiliary Officer Stuart Butterfield at this evening’s meeting. Public Hearings Conducted (D17-01 thru D17-02). 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. 19543 Regular Session 01/10/17 James Howdershelt – Fredericksburg, VA, spoke about being assaulted by a homeless person and said the homeless have tried to extort money from him and the Police do nothing about it. He said the Police Department needed to enforce the laws in the City. Council Agenda Presented. The following items were presented to Council for discussion. 7A. Murder Free Fredericksburg – Councilor Frye 7B. Beulah Salisbury Road – Councilor Kelly 7C. Arts Commission – Mayor Greenlaw Murder Free Fredericksburg – Councilor Frye stated that his goal was to have a Murder Free Fredericksburg. At the end of December he noted that there were two shootings in one day. Councilor Frye expressed his concerns and said he wished it would stop. He will continue to work with City staff to try and make this a murder free year. Beulah Salisbury Road – Councilor Kelly noted that the road improvements at Beulah Salisbury Road was pulled from the smart scale funding program through Virginia Department of Transportation (VDOT). Councilor Kelly was seeking an explanation on why it was pulled but he said VDOT had an Economic Access Fund and this project could possibly fall under that category but there would be a match involved. Arts Commission – Mayor Greenlaw wanted to bring attention to the Arts Commission’s annual report which showed how active they were and she thanked the members for such a thorough report. City Manager’s Consent Agenda Accepted for Transmittal as Recommended (D17-03 thru D17-09). Following review and as recommended Councilor Kelly moved approval of the remainder of the City Manager’s consent agenda 19544 Regular Session 01/10/17 items; motion was seconded by Councilor Duffy and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). • Resolution 16-107, Second Read, Amending the Fiscal Year 2017 Budget by Appropriating Fiscal Year 2016 Carryovers (D17-03). • Ordinance16-28, Second Read, Amending the Unified Development Ordinance Regulations of Fences in All Zoning Districts, Including Changes in the Definitions of Required Yards (D17-04). • Ordinance 16-29, Second Read, Amending the Unified Development Ordinance to Provide for Breweries, Wineries and Distilleries in the City of Fredericksburg (D17-05). • Resolution 17-02, Referring the Comprehensive Plan and Unified Development Ordinance Amendments to the Planning Commission for Further Study (D17- 06). • Resolution 17-03, Initiating Amendments to the Unified Development Ordinance Articles 1 and 2 (D17-07). • Transmitting the Fredericksburg Arts Commission Annual Report (D17-08). • Transmittal of Boards and Commission Minutes o Board of Social Services – October 13, 2016 (D17-09). Adoption of Minutes. Councilor Devine moved approval of the December 13, 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). 19545 Regular Session 01/10/17 Appointment to the Architectural Review Board (D17-10). – Council held this appointment open until February 14 in order to evaluate the skillset that were on the board. Appointment to the Cable Commission – School Board Representative Michael George (D17-11). Councilor Duffy moved to approve Michael George as the School Board Representative on the Cable 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). Resolution 17-04, First Read Approved, Amending the Fiscal Year 2017 Budget by Appropriating Funds for the Fiscal Year 2016 Traffic Signal Modernization Project (D17-12). After a brief presentation Councilor Kelly made a motion to approve Resolution 17-04, on first read, amending the Fiscal Year 2017 budget by appropriating funds for the Fiscal Year 2016 traffic signal modernization 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). Motion to Suspend the Rules. In order to place Resolution 17-04 on for second read Councilor Kelly moved to suspend the rules; 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 17-04, Second Read Approved, Amending the Fiscal Year 2017 Budget by Appropriating Funds for the Fiscal Year 2016 Traffic Signal Modernization Project. Councilor Kelly made a motion to approve Resolution 19546 Regular Session 01/10/17 17-04, on second read, amending the Fiscal Year 2017 budget by appropriating funds for the Fiscal Year 2016 traffic signal modernization 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). City Manager’s Report and Council Calendar (D17-13 thru D17-14). City Manager Baroody reviewed the Manager’s report and Council Calendar. Activities highlighted on the report were as follows: Hanson Avenue Speed Tables, Board of Equalization, City’s Regional Hazardous Materials Response Team Called to Action, Fredericksburg Police Spend Time with Area Youth & Senior Citizens this Holiday Season, Gun Give-Back Event, Visitor Center Forum and Building Statistics Report. City Manager Baroody also announced the Martin Luther King, Jr., community event that would be held on Sunday, January 15 at 3:00 p.m. at James Monroe High School. He invited all to attend. Vice-Mayor Withers thanked Assistant City Manager Fawcett for the work on the speed tables on Hanson Avenue and he also thanked Mayor Greenlaw for attending the meetings. Adjournment. There being no further business to come before the Council at this time, Mayor Greenlaw declared the meeting officially adjourned at 8:32 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 19547 Regular Session 01/10/17 [This page intentionally left blank.] 19548