City Council

Public Hearing 01/10/12 CITY OF FREDERICKSBURG, VIRGINIA HON. THOMAS J. TOMZAK, MAYOR HON. MARY KATHERINE GREENLAW, VICE MAYOR CITY COUNCIL HON. KERRY P. DEVINE, AT-LARGE HON. BRADFORD C. ELLIS, WARD ONE HON. GEORGE C. SOLLEY, WARD TWO HON. FREDERIC N. HOWE, III, WARD THREE Council Chambers, 715 Princess Anne Street HON. BEATRICE R. PAOLUCCI, WARD FOUR Fredericksburg, Virginia 22401 January 10, 2012 The Council of the City of Fredericksburg, Virginia, held a public hearing on Tuesday, January 10, 2012, beginning at 7:49 p.m. in the Council Chambers of City Hall. City Council Present. Mayor Thomas J. Tomzak, presiding. Vice-Mayor Mary Katherine Greenlaw. Councilors Kerry P. Devine, Frederic N. Howe, III, Beatrice R. Paolucci, and George C. Solley. City Council Absent. Councilor Bradford C. Ellis – out of town. Also Present. City Manager Beverly R. Cameron, Assistant City Manager Mark Whitley, City Attorney Kathleen Dooley, Economic Development Director Karen Hedelt, Economic Development Manager Richard Tremblay, Planning Director Ray Ocel, Budget Manager Amanda Lickey, Public Works Director Doug Fawcett and Clerk of Council Tonya B. Lacey. Notice of Public Hearings (D12-02 thru D12-08). The Clerk read the notice of the public hearings as they appeared in the local newspaper, the purpose being to solicit citizen input. Resolution 12-01, Approved, Granting a Special Use Permit to FGG Rehab Care Fredericksburg, LLC and Others to Expand a 40 Bed 17735 Public Hearing 01/10/12 Rehabilitation Facility by Adding 12 New Beds on Property Located at 300 Park Hill Drive, GPIN 7779-38-5553 (D12-03 thru D12-04). – 3 speakers. Planning Director Ocel gave a brief summary of the project. He explained that after the meeting with the residents at the Villas they had concerns with the visibility of the existing units and the HealthSouth representative agreed to put up landscape screenings between the Villas and the existing building. Therefore Mr. Ocel added an additional condition: the common property line between the applicant’s property and units addressed as 900, 902, 904, 906 and 908 Cadmus Drive, shall be landscaped in accordance with the level 1 screening standards. Councilor Devine expressed her concern that parking would overflow into the residential community. Mr. Ocel assured her that there was plenty of parking on site. Sam Saunders, Civil Engineer with the Timmons Group, said the addition for the expansion was envisioned when they built the first building. He said the new building was a great fit. He also said they had a very productive meeting with the residents and he believes the screening will work well. Donna Phillip, Chief Operating Officer for HealthSouth, thanked the community for welcoming them in 2007. She said she is looking forward to the expansion because they have been operating at full capacity for over 130 day. Carol Martin, President of the Homeowner’s Association for the Villas of Snowden, 970 Cadmus Drive. She noted that the development is about 5 years old, and they want to minimize any negative impact on the neighborhood. They are supportive of the project. 17736 Public Hearing 01/10/12 Councilor Solley moved to approve Resolution 12-01to allow the granting of a special use permit to FGG Rehab Care Fredericksburg, LLC and others to expand a 40 bed rehabilitation facility by adding 12 new beds on property located at 300 Park Hill Drive, GPIN 7779-38-5553; motion was seconded by Councilor Devine and passed by the following unanimously recorded votes. Ayes (6). Councilors Tomzak, Greenlaw, Devine, Howe, Paolucci and Solley. Nays (0). Granting a Special Use Permit to Karl Gentry for an Office Use at 630 Pelham Street, Which is Zoned R-4 Residential – Action Postponed (D12-05). – 1 speaker. Planning Director Ocel explained that the applicant was requesting a special exception to utilize the building for a multi-line independent insurance agency. The property is zone R-4 single family residential. The building has been used for a variety of commercial uses over the past 40 plus years. The property was zoned R-4 in 1984 and the uses have all been non-conforming uses. A non-conforming use is no longer permitted in the particular zoning district in which it is located. The use can be continued, or replaced with a use that is no more non-conforming that the last use, it cannot be expanded, or be of a more intense use than the last use. He said it has been difficult to find a tenant for the space, due to the residential zoning and the non- residential construction. The applicant Jeffery Smith, the owner of Smith Insurance Agency, LLC is seeking the special exception to operate his insurance business at the location. There is also onsite parking for the business. Mr. Smith generally does not have more than three clients at a time. The business hours are proposed to be from 9:00 to 5:00 but based on the experience with Union First Market Bank Mr. Ocel suggests that the hours of operation be expanded to 8:30 a.m. to 5:30. He said the additional hour 17737 Public Hearing 01/10/12 would allow employees to get in the office before the office is expected to open and give them time in the afternoon to close. The parking lot has room for 6 tightly fit vehicles or 5 comfortably fit vehicles. Councilor Solley asked how many employees would be at the facility and Mr. Ocel stated there were four. Councilor Solley noted that would only leave room for one customer. He said the applicant was going to space his appointments so that he wouldn’t have more than one appointment at a time. He said the applicant also noted that during good weather he would be riding his bike and that would free up another parking space. For clarity Councilor Solley asked if the approval of this application would allow any office use at this property as long as it’s not stopped being used for that purpose for two years or more. Mr. Ocel said that was correct and they would have to work under the conditions that were set for this business. He said if a new office wanted to open at this location it would have to have the same intensity and if the intensity is more it would have to be evaluated. Councilor Paolucci asked if the neighbors that spoke at the Planning Commission meeting were made aware of the change in hours. Mr. Ocel said they were not aware. She was concerned that the neighbors had not been made aware of the expanded hours. This was concerning to her because parking was their main concern and the hours of operation was a concern. Councilor Devine asked if any changes, such as hours, would have to go through a review and Mr. Ocel said yes, he could not approve administratively. 17738 Public Hearing 01/10/12 Loren Rowen Parks, 634 Pelham Street, stated that she didn’t know that the hours had changed and she said there was no way 6 cars could pull in and out of the parking lot. She feels as though they have not been kept informed of the changes. Councilor Paolucci made a motion to postpone until the February 14 agenda and have Mr. Ocel contact the neighbors to let them know about the proposed changes; Councilor Howe seconded the motion by way of discussion and asking for a parking plan to be included and the motion passed by the following unanimously recorded votes. Ayes (6). Councilors Tomzak, Greenlaw, Devine, Howe, Paolucci and Solley. Nays (0). Resolution 11-105, Second Read Approved, Amending the Fiscal Year 2012 Budget by Appropriating Fiscal Year 2011 Encumbrances (D12-06 thru D12-07). – No speakers. Upon a motion and as recommended Vice- Mayor Greenlaw moved to approve Resolution 11-105, on second read, amending the fiscal year 2012 budget by appropriating fiscal year 2011 encumbrances; motion was seconded by Councilor Paolucci and passed by the following unanimously recorded votes. Ayes (6). Councilors Tomzak, Greenlaw, Devine, Howe, Paolucci and Solley. Nays (0). Resolution 11-106, Second Read Approved, Amending the Fiscal Year 2012 Budget for Capital and Grant Carryovers (D12-08). – No speakers. Upon a motion and as recommended Vice-Mayor Greenlaw moved to approve Resolution 11-106, on second read, amending the fiscal year 2012 budget for capital and grant carryovers; motion was seconded by Councilor Devine and passed by the following unanimously recorded votes. Ayes (6). Councilors Tomzak, Greenlaw, Devine, Howe, Paolucci and Solley. Nays (0). 17739 Public Hearing 01/10/12 Adjournment. There being no speakers to come before the Council at this time, Mayor Tomzak declared the hearing officially adjourned at 8:16 p.m. Thomas J. Tomzak Thomas J. Tomzak, Mayor Tonya B. Lacey Tonya B. Lacey, CMC, Clerk of Council 17740 Regular Session 01/10/12 CITY OF FREDERICKSBURG, VIRGINIA HON. THOMAS J. TOMZAK, MAYOR HON. MARY KATHERINE GREENLAW, VICE MAYOR CITY COUNCIL HON. KERRY P. DEVINE, AT-LARGE HON. BRADFORD C. ELLIS, WARD ONE HON. GEORGE C. SOLLEY, WARD TWO HON. FREDERIC N. HOWE, III, WARD THREE Council Chambers, 715 Princess Anne Street HON. BEATRICE R. PAOLUCCI, WARD FOUR Fredericksburg, Virginia 22401 January 10, 2012 The Council of the City of Fredericksburg, Virginia, met in regular session on Tuesday, January 10, 2012, beginning at 7:30 p.m. in the Council Chambers of City Hall. City Council Present. Mayor Thomas J. Tomzak, presiding. Vice-Mayor Mary Katherine Greenlaw. Councilors Kerry P. Devine, Frederic N. Howe, III, Beatrice R. Paolucci, and George C. Solley. City Council Absent. Councilor Bradford C. Ellis – out of town. Also Present. City Manager Beverly R. Cameron, Assistant City Manager Mark Whitley, City Attorney Kathleen Dooley, Economic Development Director Karen Hedelt, Economic Development Manager Richard Tremblay, Planning Director Ray Ocel, Budget Manager Amanda Lickey, 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 Frederic N. Howe, III, followed by the Pledge of Allegiance led by Mayor Tomzak. Auxiliary Officer Recognized. Mayor Tomzak recognized the presence of Officer Kevin Capach at this evening’s meeting. Presentation on Food Bank (D12-01). Oya Oliver, Executive Director 17741 Regular Session 01/10/12 and Dana Klein, Marketing Coordinator gave a PowerPoint presentation that summarized what the food bank is, how it works, programs they provide, and an explanation of their pantry distributions. They asked Council for financial support in the upcoming budget. Citizen Comment. The followings speakers came forward to participate in the citizen comment portion of this evening's meeting. Marilyn Brown, 546 Warrenton Road, stated that the cold weather shelter in Stafford was not running and they are giving the homeless tents and sleeping bags. She also stated that Micah was not working with the homeless and FRED bus system was not running properly. Jeff Small, Clerk of the Circuit Court, introduced himself to City Council and he thanked City management for all their help and he invited Council to the office to meet his new staff. Hamilton Palmer, 401 Charles Street, commented on agenda item 10B, the repair of a slope at the Cal Ripken Ballfields. He expressed his concern for the $8,000 under professional services. He was concerned that there were no competitive negotiations done to hire the consultants as required by City Code. He feels the City was not in compliance with the City Code or the State Code and that the City has spent thousands of tax dollars on questionable professional services. He suggested that members of Council sponsor an external audit of the City’s procurement services. Public Hearings Held (D12-02 thru D12-08). At this time, the regular session was recessed in order to conduct the scheduled public hearing; the meeting was immediately reconvened upon conclusion of the hearings. Council Agenda. The following Council agenda was presented for 17742 Regular Session 01/10/12 consideration. A. Commemorating Martin Luther King, Jr. and Poor Little Black Girls in 2012 – Mayor Tomzak B. Anthem and Mary Washington Hospital – Councilor Devine Commemorating Martin Luther King, Jr. and Poor Little Black Girls in 2012. Mayor Tomzak commemorated Martin Luther King for all his work and for trying to help with poverty. He stated his concerns for the young girls who are growing up in poverty. He also expressed his disapproval of the National Association for the Advancement of Colored People (NAACP) for challenging the bailout process. He closed to say that he would like to see the NAACP, community leaders and Democratic Party of the City work together to help break the poverty cycle. Anthem and Mary Washington Hospital. Due to the hospital and Anthem not coming to an agreement Councilor Devine asked Council to consider having the City Manager send a letter to both parties asking them to work on a settlement because many employees both City and school have Anthem Health Insurance. Councilor Devine made a motion to have the City Manager to send a letter to Anthem and Mary Washington asking them to work on a settlement; motion was seconded by Councilor Paolucci and passed by the following unanimously recorded votes. Ayes (6). Councilors Tomzak, Greenlaw, Devine, Howe, Paolucci and Solley. Nays (0). None. City Manager’s Consent Agenda Accepted for Transmittal as Recommended (D12-09 thru D12-16). Councilor Paolucci pulled item 8C and Councilor Howe pulled item 8A for further discussion. 17743 Regular Session 01/10/12 Following review and as recommended, Councilor Solley moved approval of the City Manager's consent agenda; motion was seconded by Councilor Paolucci and passed by the following unanimously recorded votes. Ayes (6). Councilors Tomzak, Greenlaw, Devine, Howe, Paolucci and Solley. Nays (0). None. • Transmittal of the Architectural Review Board and the Board of Zoning Appeals Applications – December 2011 (D12-10). • Resolution 12-02, Approved, Proposing to Amend the Regulations for the Commercial Transitional (C-T) Zoning District, to Permit Trade Schools Either as a By-Right Use of by Special Use Permit (D12-12). • Resolution 12-03, Approved, Referring Maximum Charges and Regulations for the Towing of Trespassing Vehicles from Private Property to the Towing Advisory Board for its Review and Advice (D12-13). • Transmittal Boards and Commission Minutes o Architectural Review Board – November 14, 2011(D12-14). o Board of Social Services – November 10, 2011(D12-15). o Economic Development Authority – November 14, 2011(D12-16). Transmittal of the FRED Progress Report – December 2011 (D12- 09). Councilor Howe stated that he had received a complaint from a Spotsylvania resident on the increase rate at the parking deck. He wanted to put on record that the City had not increased the rates since 2005. The daily rate increased by $1.00 and the monthly rate increased by $10.00. Councilor Howe thanked FRED transit for increasingly moving people. There was a 50.6% increase in ridership from Spotsylvania to the City. He said 17744 Regular Session 01/10/12 the City was not trying to limit Spotsylvania residents the City just has limited parking. Ordinance 11-35, Second Read Approved, Prohibiting Public Nuisances and Providing for the Abatement Thereof, by Adopting a New City Code Chapter 59, “Nuisances,” and Relocating Current City Code Chapter 38, “Environment,” Article IV, “Weeds and Wild Growth,” City Code Section 62-4, “Responsibility for Removal of Refuse,” and City Code Chapter 58, Article V, Division 4, “Inoperable Vehicles” to the New Nuisance Chapter Repealing City Code Section 38- 79(B) as Redundant (D12-11). Councilor Paolucci asked the City Attorney about the change on the level of a sidewalk and an existing lot. City Attorney Dooley said that she asked the Public Works and Building Development staff and they explained that the cases are relatively infrequent and most times it’s the responsibility of the City to put the fence up along the sidewalk and not the property owner’s responsibility, and she didn’t think it was necessary to address the City’s own actions. She said there are guidelines from Virginia Department of Transportation’s Highway safety guidelines on gaps between streets and sidewalks. City Attorney Dooley said she felt that those guidelines were adequate for the rare cases. She said the City was addressing its own property in the ordinance and she felt it was not necessary. Councilor Paolucci stated she would like to see stronger enforcement of the fences. City Attorney Dooley explained that the general prohibition in the ordinance is new for the City. The prohibition says that you shall not maintain a condition on your property that is a public nuisance and the gap between the sidewalk and the property is a classic example of a public nuisance. If the ordinance is 17745 Regular Session 01/10/12 adopted the general prohibition will be in place. She offered to reword Subsection H with more clarity and bring it back to Council. Councilor Paolucci said as long as it can be addressed as it was written there was no need to bring it back. Upon a motion and as recommended, Councilor Paolucci moved to approve Ordinance 11-35, on second read, prohibiting public nuisances and providing for the abatement thereof, by adopting a new City Code Chapter 59, “Nuisances,” and relocating current City Code Chapter 38, “Environment,” Article IV, “Weeds and Wild Growth,” City Code Section 62-4, “Responsibility for Removal of Refuse,” and City Code Chapter 58, Article V, Division 4, “Inoperable Vehicles” to the new Nuisance Chapter repealing City Code Section 38-79(b) as redundant; motion was seconded by Councilor Howe and passed by the following unanimously recorded votes. Ayes (6). Councilors Tomzak, Greenlaw, Devine, Howe, Paolucci and Solley. Nays (0). None. Resolution 12-04 Approved, Authorizing the City Manager to Execute a Performance Agreement with General-Keydet, Inc., and the Fredericksburg Economic Development Authority, for Tax Incentives in the Downtown/Princess Anne Street Tourism Zone (D12-17). Upon a motion and as recommended Vice-Mayor Greenlaw moved approval of Resolution 12- 04, authorizing the City Manager to execute a performance agreement with General- Keydet, Inc., and the Fredericksburg Economic Development Authority, for tax incentives in the Downtown/Princess Anne Street Tourism zone; motion was seconded by Councilor Paolucci. Although in support of the incentive Councilor Howe reminded everyone that they had agreed to look at the incentive package in its entirety. The motion passed by the 17746 Regular Session 01/10/12 following unanimously recorded votes. Ayes (6). Councilors Tomzak, Greenlaw, Devine, Howe, Paolucci and Solley. Nays (0). None. Resolution 12-05 Approved, Amending the Fiscal Year 2012 Budget by Appropriating $18,000 in General Fund Contingency for Slope Repairs at the Cal Ripken, Sr. Foundation Sunshine Ballpark (D12-18). After staff review Councilor Solley asked how the City was able to hire an engineer for $8,000 without doing a Request for Proposal (RFP). Public Works Director Fawcett stated there were two reasons, he said when the City asked the consultant engineer for his assistance they believed the scope of service was a site visit, writing his conclusion, attending one meeting, and performing a review of the design plans and giving his comments on whether the design contributed to the problems they were experiencing. It became more involved with extensive dialogue. He said during this process most of the parties involved thought they were looking at a high five figure or six figure fix to either party. The second reason there was a sense of emergency to protect the hillside and shortly after the damage was found, the earthquake hit and caused more shifting, ten days later Hurricane Irene and then a series of heavy rains came through. He felt there was no time to go through an RFP process and they did not believe it was going to be as extensive as it turned out to be. Councilor Solley asked City Attorney Dooley if the City was justified by not doing an RFP. She explained that the procurement procedures permit the city to acquire professional services less than $30,000 through a small purchase policy. Upon a motion and as recommended Councilor Devine moved approval of Resolution 12-05, amending the fiscal year 2012 budget by appropriating; $18,000 in 17747 Regular Session 01/10/12 General Fund Contingency for Slope Repairs at the Cal Ripken, Sr. Foundation Sunshine Ballpark; motion was seconded by Councilor Solley and passed by the following unanimously recorded votes. Ayes (6). Councilors Tomzak, Greenlaw, Devine, Howe, Paolucci and Solley. Nays (0). None. Resolution 12-06 Approved, Authorizing the Zoning Administration to Bring a Legal Action Against 115 Young Street, LLC, to Enjoin Compliance with a Proffered Condition to Design and Construct a Portion of the VCR Trail (D11-19). After staff review Councilor Howe asked if this property was located near the property where buried trash was found. Mr. Fawcett said he was not aware of the property Councilor Howe was speaking about, but he was aware of the problems the contractor ran into while replacing the sewer lines and he said the property does not go down that far. Councilor Howe was concerned with any hazards this property may have due to the buried trash in the area. City Attorney Dooley said nothing would obligate the City to build the trail if the area was found to be hazardous. Councilor Solley noted that an engineering study had been completed on the trail. Upon a motion and as recommended Councilor Solley moved approval of Resolution 12-06 , authorizing the Zoning Administrator to bring legal action against 115 Young Street, LLC, to enjoin compliance with a proffered condition to design and construct a portion of the VCR trail; motion was seconded by Councilor Paolucci and passed by the following unanimously recorded votes. Ayes (6). Councilors Tomzak, Greenlaw, Devine, Howe, Paolucci and Solley. Nays (0). None. Resolution 12-07 Approved, Amending the Fiscal Year 2012 17748 Regular Session 01/10/12 Budget by Appropriating $10,000 in Contingency Funds to Increase the Clerk of Courts Part-Time Salary and Wages (D11-20). Upon a motion and as recommended Councilor Solley moved approval of Resolution 12-07, amending the fiscal year 2012 budget by appropriating $10,000 in contingency funds to increase the Clerk of Circuit Courts part-time salary and wages; motion was seconded by Councilor Paolucci and passed by the following unanimously recorded votes. Ayes (6). Councilors Tomzak, Greenlaw, Devine, Howe, Paolucci and Solley. Nays (0). None. Resolution 12-08 Approved, Amending the Fiscal Year 2012 Budget by Appropriating $10,000 in Contingency Funds to Purchase Uniforms for the Sheriff’s Office (D11-21). Upon a motion and as recommended Councilor Solley moved approval of Resolution 12-08, amending the fiscal year 2012 budget by appropriating $10,000 in contingency funds to purchase uniforms for the Sheriff’s Office; motion was seconded by Councilor Paolucci and passed by the following unanimously recorded votes. Ayes (6). Councilors Tomzak, Greenlaw, Devine, Howe, Paolucci and Solley. Nays (0). None. Resolution 12-09 Approved, Amending the Fiscal Year 2012 Budget by Appropriating $52,124 in Fund Balance for the School Capital Fund (D11-22). Upon a motion and as recommended Vice-Mayor Greenlaw moved approval of Resolution 12-09, amending the fiscal year 2012 budget by appropriating $52,124 in fund balance for the school capital fund; motion was seconded by Councilor Devine and passed by the following unanimously recorded votes. Ayes (6). Councilors Tomzak, Greenlaw, Devine, Howe, Paolucci and Solley. Nays (0). None. 17749 Regular Session 01/10/12 City Manager’s Report and Council Calendar (D11-23 thru D11- 24). City Manager Cameron asked if there were any questions regarding the Manager’s report or the Council Calendar. Activities highlighted on the report were as follows: Heavy Equipment Training, HUD Renewal Funding, EDT Adding Battlefield Industrial Park to Stakeholders Meeting Series, Recreation Commission Volunteer Banquet, Community Gardens, FREDerickburg Regional Transit Celebrates 15 Years of Service, Grants Awarded to FREDericksburg Regional Transit, New Police Officer and Officer Candidates. Adjournment. There being no further business to come before the Council at this time, Mayor Tomzak declared the meeting officially adjourned at 9:08 p.m. Thomas J. Tomzak Thomas J. Tomzak, Mayor Tonya B. Lacey Tonya B. Lacey, CMC, Clerk of Council 17750