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City Council

Regular Meeting

Fredericksburg, VA · April 9, 2013

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Public Hearing 04/09/13 CITY OF FREDERICKSBURG, VIRGINIA HON. MARY KATHERINE GREENLAW, MAYOR HON. BRADFORD C. ELLIS, VICE -MAYOR, WARD ONE CITY COUNCIL HON. KERRY P. DEVINE, AT-LARGE HON. MATTHEW J. KELLY, AT-LARGE 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 April 9, 2013 The Council of the City of Fredericksburg, Virginia, held a public hearing on Tuesday, April 9, 2013, beginning at 7:59 p.m. in the Council Chambers of City Hall. City Council Present. Mayor Mary Katherine Greenlaw presiding. Vice- Mayor Bradford C. Ellis. Councilors Kerry P. Devine, Frederic N. Howe, III, Matthew J. Kelly, Beatrice R. Paolucci and George C. Solley. Also Present. City Manager Beverly R. Cameron, Assistant City Manager Mark Whitley, City Attorney Kathleen Dooley, Budget Manager Amanda Lickey, Acting Planning Director Erik Nelson, and Clerk of Council Tonya B. Lacey. Notice of Public Hearings (D13-145 thru D13-147). The Clerk read the notice of the public hearings as they appeared in the local newspaper, the purpose being to solicit citizen input. Resolution 13-23, Approved, Granting a Special Use Permit to Arm of the Lord Ministries Church for Operation of a Child Care Center/Nursery School on Property Located at 2100 Airport Avenue (D13-145 thru D13-146). – 2 speakers. After staff overview Council had a few questions that needed clarification the first was whether it was a daycare or a preschool and whether the teachers and school would be licensed, and they also asked who 18181 Public Hearing 04/09/13 determined the number of students allowed. Mr. Nelson explained that the preschool would have to comply with State standards as far as licensure and the number of students would be determined by an inspection from the Building & Development Services Department and the Department of Social Services. Councilor Devine also asked if this facility had operated a preschool previously and whether it would start out with 58 children. Mr. Nelson said he was not aware that there had been a use in the facility previously and he was not sure the number children at the opening of the facility, but he noted that Ms. Lee was very experienced and this would not be an issue for her. Councilor Paolucci thanked Ms. Lee for reaching out to the community she also asked whether Ms. Lee had reached out to the neighbors that will be directly behind the church. Ms. Rita Lee, applicant, stated that she had not reached out to the neighbors behind the church, but she was willing to do that. She added that at the Mayfield Civic Association meeting residents were excited to have the childcare center so close to the neighborhood. She also said that she had just completed the director’s class and her goal was to be a certified center with certified teachers and all teachers will be required to have a Child Development Associates (CDA) or they must be actively enrolled in a CDA program. Sara Cooke, veteran teacher of the Fredericksburg City Schools as well as a member at Arm of the Lord Ministries, spoke in support of the childcare center and she also spoke on the importance of early childhood education. Upon a motion and as recommended Councilor Paolucci moved to approve 18182 Public Hearing 04/09/13 Resolution 13-23 (revised version), granting a special use permit to Arm of the Lord Ministries Church for operation of a child care center/nursery school on property located at 2100 Airport Avenue; motion was seconded by Councilor Devine and approved by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Ellis, Devine, Howe, Kelly, Paolucci and Solley. Nays (0). Resolution 13-24, Approved, Granting a Special Use Permit to Christ Evangelical Lutheran Church to Construct an Addition to the Church on Property Located at 1300 Augustine Avenue (D13-147). – 1 speaker. After staff overview Councilor Devine declared that she was the owner and occupant of an abutting property and property immediately across the street from the property affected, entitled to notice of the public hearings on the application, but she is able to participate in the transaction fairly, objectively and in the public interest. Jason Pruitt, Attorney from Hirschler Fleischer, represented the applicant and stated that the church needed additional meeting, office and event space because of the church’s growth. The addition will blend in with the existing structure and they will use the same brick and the same windows. The usage of the building would be during non- peak times and will have a minimal impact on the community. Councilor Devine stated that the church has always been good neighbors and they are community minded and they hosts community events and they have been a good example for other churches. Upon a motion and as recommended Councilor Devine moved to approve Resolution 13-24, granting a special use permit to Christ Evangelical Lutheran Church to construct an addition to the church on property located at 1300 Augustine Avenue; 18183 Public Hearing 04/09/13 motion was seconded by Councilor Howe and approved by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Ellis, Devine, Howe, Kelly, Paolucci and Solley. Nays (0). Adjournment. There being no speakers to come before the Council at this time, Mayor Greenlaw declared the hearing officially adjourned at 8:24 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 18184 Regular Session 04/09/13 HON. MARY KATHERINE GREENLAW, MAYOR CITY OF FREDERICKSBURG, VIRGINIA HON. BRADFORD C. ELLIS, VICE -MAYOR, WARD ONE CITY COUNCIL HON. KERRY P. DEVINE, AT-LARGE HON. MATTHEW J. KELLY, AT-LARGE HON. GEORGE C. SOLLEY, WARD TWO HON. FREDERIC N. HOWE, III, WARD THREE HON. BEATRICE R. PAOLUCCI, WARD FOUR Council Chambers, 715 Princess Anne Street Fredericksburg, Virginia 22401 April 9, 2013 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, April 9, 2013, beginning at 7:30 p.m. in the Council Chambers of City Hall. City Council Present. Mayor Mary Katherine Greenlaw presiding. Vice- Mayor Bradford C. Ellis. Councilors Kerry P. Devine, Frederic N. Howe, III, Matthew J. Kelly, Beatrice R. Paolucci and George C. Solley. Also Present. City Manager Beverly R. Cameron, Assistant City Manager Mark Whitley, City Attorney Kathleen Dooley, Budget Manager Amanda Lickey, Acting Planning Director Erik Nelson, 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 John Fesq at this evening’s meeting. Proclamation Presented Recognizing Day for National Service (D13-141). Mayor Greenlaw presented a proclamation to AmeriCorp members from Rappahannock Legal Services, Rappahannock Council Against Sexual Abuse and 18185 Regular Session 04/09/13 Rappahannock Goodwill Industries proclaiming April 9 as National Service Recognition Day. Proclamation Presented Recognizing April 21-27 as Cigarette Butt Awareness Week (D13-142). Mayor Greenlaw presented a proclamation to members of the Clean and Green Commission proclaiming April 21-27 as Cigarette Butt Awareness Week. Commissioner Paula Chow thanked the Mayor and stated that she hoped the campaign would help reduce cigarette litter within the City. Update on Neighborhood Stabilization Program (D13-143). Executive Director Gary Parker presented a PowerPoint presentation he discussed the Neighborhood Stabilization program requirements, explained the buyers process, the benefits of the program, and he listed homes within the City and their accomplishments. (See D13-143 for more information). Fredericksburg Area Museum & Cultural Center Update (D13- 144). Ellen Killough, Executive Director for the Museum presented a PowerPoint and she discussed the economic impact of the Museum on the City from various events such as the Fiber Art Collective Exhibition, Attic Appraisal Fair, First Fridays and the American Music Concert Series. She noted that they plan to expand the Concert Series to every Friday night in the summer of 2013. Ms. Killough also discussed the partnership with Via Colori. She also requested an additional $20,000 to support the Summer Concerts and the Via Colori events. (See D13-144 for more information). Citizen Comment. The following speaker came forward to participate in the citizen comment portion of this evening's meeting. 18186 Regular Session 04/09/13 B-J Huff, Memorials Chairman, invited Council and citizens to an event sponsored by the Memorial Commission on May 11. This is a Mother’s Day event at the Mary Washington Monument Celebrating the First Mother at 2:00 p.m. He also thanked Mayor Greenlaw for agreeing to speak and stated that Laura Galke, Archaeologist for the George Washington Foundation would be the keynote speaker. Those that are in attendance will be given the opportunity to tour the adjacent Cottage that was used to house the caretaker of the monument and the Mary Washington House which will serve refreshments to those guests in attendance. Public Hearings (D13-145 thru D13-149). The regular session was recessed in order to conduct the scheduled public hearing and immediately reconvened upon their conclusion. Council Agenda Presented. The following items were presented to Council. 7A. Service Debt Refund – Councilor Howe. Service Debt Refund – Councilor Howe brought back a pervious request that he brought forth to Council a couple weeks prior regarding refunding tax dollars to citizens once the debt has been paid off. He asked for Council’s support in having the City Attorney research and determine a way to reduce taxes for the taxpayers after a debt has been paid off. Councilor Howe made a motion to have the City Attorney to develop a legislative initiative to provide Council the legal authority to require future Councils to reduce tax rates in future years when a bond is paid in full; motion was seconded by Councilor Kelly. 18187 Regular Session 04/09/13 Councilor Kelly stated that this would be difficult to do and suggested there be a policy put in place to let the taxpayers know when items are paid off. Councilor Howe amended his motion and asked that the debt be identified when the bond is paid off so that the public can be aware when a debt service has retired. After continued discussions City Attorney Dooley noted that there were two different topics being discussed one was identifying the service debt and the other was reducing taxes after a service debt has retired. She explained that the identifying of debt service payments would be have to be deferred to the City Manager because she was not capable of identifying that within the budget and she said there is no legal authority to mandate future Council’s to reduce taxes. This would be a legislative initiative which could not be completed in this budget cycle. Councilor Kelly agreed that this was a legislative issue and he said he would be willing to go with Councilor Howe to discuss it with the legislators. Councilor Howe made an additional friendly amendment asking Council to make a policy identifying the service debt both past and present and second to follow up with the General Assembly. City Attorney Dooley clarified the amendments as follows: 1. ask the City Manager’s office to advise City Council regarding the identification of debt service payments when a bond is retired, so that the governing body and the public will have the question before them of whether or not to reduce taxes to reflect the decrease in expenditures; and/or 2. Ask for the staff to develop a non-binding statement of policy for future Councils, that they should reduce tax rates when past and current debts are retired; and/or 3. Ask the City Attorney to develop a legislative initiative to provide Council the 18188 Regular Session 04/09/13 legal authority to require future Council’s to reduce tax rates in future years when a bond is paid in full. Councilor Kelly made a substitute motion asking staff to draft a policy identifying when a debt is paid off as part of the budget process, what was coming off and how much; substitute motion was seconded by Vice-Mayor Ellis and passed by the following recorded votes. Ayes (5). Councilors Greenlaw, Ellis, Howe, Kelly and Paolucci. Nays (2) Councilors Devine and Solley . City Manager’s Consent Agenda Accepted for Transmittal as Recommended (D13-148 thru D13-149). Following review and as recommended, Councilor Kelly moved approval of the City Manager's consent agenda; motion was seconded by Councilor Paolucci and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Ellis, Devine, Howe, Kelly, Paolucci and Solley. Nays (0). • Transmittal of the Virginia Municipal League 2013 Policy Committee Nominations (D13-148). • Transmittal of Boards and Commission Minutes o Memorials Advisory Commission – February 27, 2013 (D13-149). Adoption of Minutes (D13-150). Councilor Paolucci moved approval of the March 26, 2013 Work Session and Regular Session minutes; motion was seconded by Councilor Devine and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Ellis, Devine, Howe, Kelly, Paolucci and Solley. Nays (0). Reappointment to the Economic Development Authority – Amy LaMarca (D12-151). Upon a motion and as recommended Councilor Kelly moved to 18189 Regular Session 04/09/13 reappoint Amy LaMarca to the Economic Development Authority; motion was seconded by Councilor Devine and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Ellis, Devine, Howe, Kelly, Paolucci and Solley. Nays (0). Appointment to the Memorials Advisory Commission – Betty Massey (D12-152). Upon a motion and as recommended Councilor Kelly moved to appoint Betty Massey to the Memorials Advisory Commission; motion was seconded by Councilor Paolucci and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Ellis, Devine, Howe, Kelly, Paolucci and Solley. Nays (0). Appointment to the Rappahannock EMS Council – Scott Davis (D12-153). Upon a motion and as recommended Councilor Kelly moved to appoint Scott Davis to the Rappahannock EMS Council; motion was seconded by Councilor Paolucci and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Ellis, Devine, Howe, Kelly, Paolucci and Solley. Nays (0). Resolution 13-25, Approved, Amending the Fiscal Year 2013 Budget by Appropriating $60,664 in Federal Education Funding for the Fredericksburg City Public Schools (D13-154). Upon a motion and as recommended Councilor Kelly moved to approve Resolution 13-25, amending the fiscal year 2013 budget by appropriating $60,664 in Federal Education Funding for the Fredericksburg City Public Schools; motion was seconded by Councilor Devine and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Ellis, Devine, Howe, Kelly, Paolucci and Solley. Nays (0). 18190 Regular Session 04/09/13 Resolution 13-26, Approved, Amending the Fiscal Year 2013 Budget by Appropriating $13,385 in Funds to Purchase Additional Equipment for the Motts Run Parks Program (D13-155). Upon a motion and as recommended Councilor Devine moved to approve Resolution 13-26, amending the fiscal year 2013 budget by appropriating $13,385 in funds to purchase additional equipment for the Motts Run Parks Program; motion was seconded by Councilor Howe and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Ellis, Devine, Howe, Kelly, Paolucci and Solley. Nays (0). Resolution 13-27, Approved, Authorizing the Use of $427,728 in Motor Fuels Taxes for the Virginia Railway Express and $25,800 for the Potomac and Rappahannock Transportation Commission for Fiscal Year 2014 (D13-156). Upon a motion and as recommended Councilor Kelly moved to approve Resolution 13-27, authorizing the use of $427,728 in motor fuels taxes for the Virginia Railway Express and $25,800 for the Potomac and Rappahannock Transportation Commission for Fiscal Year 2014; motion was seconded by Vice-Mayor Ellis and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Ellis, Devine, Howe, Kelly, Paolucci and Solley. Nays (0). Resolution 13-28, Approved, Setting the Personal Property Tax Relief Percentage for the 2013 Billing in Accordance with the Changes to the Personal Property Tax Relief Act of 1998 (D13-157). After staff presentation there was a brief discussion on changing the due date to allow citizens at least a 60 day window to pay the bill. 18191 Regular Session 04/09/13 Upon a motion and as recommended Vice Mayor Ellis moved to approve Resolution 13-28, setting the Personal Property Tax Relief Percentage for the 2013 Billing in accordance with the changes to the Personal Property Tax Relief Act of 1998; motion was seconded by Councilor Devine and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Ellis, Devine, Howe, Kelly, Paolucci and Solley. Nays (0). City Manager’s Report and Council Calendar (D13-158 thru D13- 159). 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: City and UMW Foundation Receive Statewide Honor, City EDA Recognized for Downtown Façade Improvement Matching Grant Program, Parks & Recreation Summer Brochure, Earth Day at Old Mill Park, Local Hospitality Industry Training, Family Reunion Workshop, Historicon to Return to Fredericksburg for 2014 and 2015, and Child Abuse Prevention Month. City Manager Cameron invited Council to join the department heads and staff in planting trees Friday at 2:00 on Washington Avenue. Adjournment. There being no further business to come before the Council at this time, Mayor Greenlaw declared the meeting officially adjourned at 9:43p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 18192

Agenda

CITY OF FREDERICKSBURG, VIRGINIA HON. MARY KATHERINE GREENLAW, MAYOR HON. BRADFORD C. ELLIS, VICE -MAYOR, WARD ONE CITY COUNCIL HON. KERRY P. DEVINE, AT-LARGE HON. MATTHEW J. KELLY, AT-LARGE 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 April 9, 2013 7:30 p.m. Mayor Mary Katherine Greenlaw, Presiding 1. Call to Order 2. Invocation Councilor Matthew J. Kelly 3. Pledge of Allegiance 4. Presentation A. Proclaiming Day of Recognition for National Service B. Proclaiming Cigarette Butt Awareness Week – April 21-27 C. Update on Neighborhood Stabilization Program - Central Virginia Housing Coalition Executive Director Gary Parker and Assistant Director Dee Kitterman D. Fredericksburg Area Museum & Cultural Center Update – Ellen Killough, Executive Director 5. Comments from the Public City Council provides this opportunity each regular meeting for comments from citizens who have signed up to speak before the start of the meeting. To be fair to everyone, please observe the five-minute time limit and yield the floor when the Clerk of Council indicates that your time has expired. Decorum in the Council Chambers will be maintained. Comments that are not relevant to City business and disruptive are inappropriate and out of order. 6. Public Hearings A. Resolution 13- , Granting a Special Use Permit to Arm of the Lord Ministries Church for Operation of a Preschool on Property Located at 2100 Airport Avenue B. Resolution 13- , Granting a Special Use Permit to Christ Evangelical Lutheran Church to Construct an Addition to the Church on Property Located at 1300 Augustine Avenue 7. Council Agenda 8. Consent Agenda A. Transmittal of the Virginia Municipal League 2013 Policy Committee Nominations B. Transmittal of Boards and Commission Minutes Regular Meeting Agenda April 9, 2013 Page 2 • Memorials Advisory Commission – March 27, 2013 9. Minutes A. Work Session – March 26, 2013 B. Regular Session – March 26, 2013 10. Boards and Commissions A. Economic Development Authority Reappointment – Amy LaMarca B. Memorials Advisory Commission Appointment – Betty Massey C. Rappahannock EMS Council Appointment - Scott Davis 11. City Manager Agenda A. Resolution 13- , Amending The Fiscal Year 2013 Budget by Appropriating $60,664 in Federal Education Funding for the Fredericksburg City Public Schools B. Resolution 13- , Amending the Fiscal Year 2013 Budget By Appropriating $13,385 in Funds to Purchase Additional Equipment for the Motts Run Parks Program C. Resolution 13- , Authorizing the Use of $427,728 in Motor Fuels Taxes for the Virginia Railway Express and $25,800 for the Potomac and Rappahannock Transportation Commission for Fiscal Year 2014 D. Resolution 13- , Setting the Personal Property Tax Relief Percentage for the 2013 Billing in Accordance with the Changes to the Personal Property Tax Relief Act of 1998 E. City Manager Report F. Calendar 12. Adjournment ITEM #6A STAFF MEMO Special Use Permit Rita A. Lee SUP2013-03 Staff Recommendation: Approval 1. Overview A. Request: The applicant requests permission to operate a pre-school. B. Applicant: Rita A Lee C. Owner of Property: Arm of the Lord Ministries D. Site Details: Address: 2100 Airport Avenue Current Use: Church E. Surrounding Zoning: R-4 Residential F. Surrounding Uses: Residential G. Planning Commission: March 13, 2013 H. Future Land Use Designation: Residential ITEM #6A MEMORANDUM TO: Beverly R. Cameron, City Manager FROM: Erik F. Nelson, Interim Director of Planning & Community Development DATE: April 9, 2013 SUBJECT: SUP2013-03: Special Use Permit – 2100 Airport Avenue ISSUE Rita A. Lee requests a Special Use Permit for a pre-school at 2100 Airport avenue, which is the Arm of the Lord Ministries. STAFF RECOMMENDATION Staff finds the proposed preschool at the Arm of the Lord Ministries to be consistent with the requirements of City Code Section 78-994 and recommends approval of the Special Use Permit. PLANNING COMMISSION RECOMMENDATION At the Planning Commission public hearing on March 13, 2013, there were six citizens who spoke in favor of the application. One speaker suggested that an approval be conditioned on licensure. SITE ANALYSIS AND PROPOSAL The Arm of the Lord Ministries is on property zoned Residential R-4. It is a large site (3.67 acres) within the Mayfield community. The proposed pre-school will be contained within the existing church building, with a playground to be constructed as soon as possible. The estimated number of students is 58, but the exact number allowed will be subject to the requirements of licensing agencies. This request for a Special Use Permit should be considered within the context of City Code Section 78-994, as follows: 1. The proposed use is in harmony with the adopted Comprehensive Plan. A pre- school within an existing church is consistent with the residential aspects of the ITEM #6A Mayfield community. The proposed use also enhances neighborhood livability through its convenient and compatible scale. 2. The proposed use is in harmony with the purpose and intent of the R-4 zoning district. Churches are considered compatible with single-family detached residential neighborhoods, as are pre-schools within those churches. 3. The proposed use is in harmony with existing and planned uses of neighboring properties. The church is bounded on two sides by single-family detached homes and on its two other sides by commercial uses. The proposed pre-school does not discourage the development of adjacent properties nor does it impair their economic, social, or environmental values. The volume of increased traffic will be minimal and parking is available on site. PERFORMANCE CRITERIA The proposed pre-school will obtain and maintain required licensure. ATTACHMENTS Application and supporting documentation Planning Commission Minutes MOTION: April 9, 2013 Regular Meeting SECOND: Resolution No. 13- RE: GRANTING A SPECIAL USE PERMIT TO ARM OF THE LORD MINISTRIES CHURCH FOR OPERATION OF A PRESCHOOL ON PROPERTY LOCATED AT 2100 AIRPORT AVENUE ACTION: APPROVED; Ayes: 0; Nays: 0 WHEREAS, the applicant, Rita A. Lee, as agent for landowner Arm of the Lord Ministries Church, has applied to this Council for a special use permit to operate a preschool on property located at 2100 Airport Avenue, GPIN 7788-26-9637, Fredericksburg, Virginia; and WHEREAS, the Council after notice and public hearing thereon, has considered the application in light of its conformity with the City’s Comprehensive Plan, its harmony with the purposes and standards of the zoning district regulations, its compatibility with existing or planned uses of neighboring properties, and whether the proposed special use and related improvements will be designed, sited, landscaped and otherwise configured such that the use will not hinder or discourage the appropriate development or use of adjacent, neighboring or community land and structures, or impair the economic, social or environmental value thereof; and NOW, THEREFORE, BE IT RESOLVED, based on the above considerations, Council finds: (a) the request as submitted or modified does conform to the City’s Comprehensive Plan, or to specific elements of such plan and to official policies adopted pursuant thereto (b) the request is in harmony with the purpose and intent of the zoning district regulations, (c) this request will not have an undue adverse impact on the surrounding neighborhood, in terms of public health, safety or general welfare; and (d) this request is appropriately designed, sited, landscaped and otherwise configured. This Council grants to Arm of the Lord Ministries Church a special use permit to operate a preschool on property located at 2100 Airport Avenue, in substantial accordance with her application for a special use permit dated February 1, 2013, subject to the following condition: a. The preschool will obtain and maintain all required licensures. Votes: Ayes: Nays: Absent from Vote: Absent from Meeting: April 9, 2013 Resolution 13-__ Page 2 *************** Clerk’s Certificate I, the undersigned, certify that I am Clerk of Council of the City of Fredericksburg, Virginia, and that the foregoing is a true copy of Resolution No. 13- duly adopted at a meeting of the City Council meeting held Date, 2013 at which a quorum was present and voted. ____________________________________ Tonya B. Lacey, CMC Clerk of Council ITEM #6B STAFF MEMO Special Use Permit Christ Lutheran Church SUP2013-02 Staff Recommendation: Approval 1. Overview A. Request: The applicant requests to construct an addition to the existing church. B. Applicant: Christ Lutheran Church C. Owner of Property: Christ Lutheran Church D. Site Details: Address: 1300 Augustine Avenue Current Use: Church E. Surrounding Zoning: R-4 Residential F. Surrounding Uses: Residential G. Planning Commission: March 13, 2013 H. Future Land Use Designation: Residential MEMORANDUM TO: Beverly R. Cameron, City Manager FROM: Erik F. Nelson, Interim Director of Planning & Community Development DATE: April 9, 2013 SUBJECT: SUP2013-02: Special Use Permit – Christ Lutheran Church ISSUE Christ Lutheran Church requests a Special Use Permit to construct an addition to the existing church. The property is zoned Residential R-4, which allows churches by Special Use Permit. The church has been at this location since 1948 and is an active and integral part of the neighborhood. STAFF RECOMMENDATION Staff finds the proposed expansion of Christ Lutheran Church to be consistent with the requirements of City Code Section 78-994 and recommends approval of the Special Use Permit for the addition shown on submitted documentation PLANNING COMMISSION RECOMMENDATION At the Planning Commission public hearing on March 13, 2013, the College Heights Civic Association provided correspondence indicating they did not oppose the proposed special use permit request. One resident asked a question about the new building façade, which was answered by the applicant’s architect. SITE ANALYSIS AND PROPOSAL The applicant proposes to demolish an existing dwelling (once a parsonage but later converted to offices and meeting rooms) and construct a new addition that is better integrated to the overall church facility. A special use should be evaluated according to the criteria specified in City Code Section 78-994, as follows: 1. Proposed use is in harmony with the adopted Comprehensive Plan. The church has been at this location for many decades and is an integral part of the neighborhood. The addition respects the integrity of the streetscape and will provide an attractive façade, with visual interest, along Augustine Avenue. 2. Proposed use is in harmony with the purpose and intent of the zoning district. The R-4 zoning provides for single-family detached dwellings in cohesive neighborhoods. Churches are an allowed use and Christ Lutheran Church maintains a strong, attractive street edge that is consistent with the nearby dwellings. Church uses are quiet and unobtrusive. 3. Proposed use is in harmony with neighboring properties. The church addition is designed and configured to be consistent with the neighborhood and does not impair its economic, social, or environmental values. The sanctuary itself is not being expanded, so parking and traffic impacts will not be significant. PERFORMANCE CRITERIA The proposed improvements to the property will be limited to the existing site and will conform to the standards required by the Department of Building and Development Services. ATTACHMENTS Application and Supporting Materials Planning Commission Minutes MOTION: April 9, 2013 Regular Meeting SECOND: Resolution No. 13- RE: GRANTING A SPECIAL USE PERMIT TO CHRIST EVANGELICAL LUTHERAN CHURCH TO CONSTRUCT AN ADDITION TO THE CHURCH ON PROPERTY LOCATED AT 1300 AUGUSTINE AVENUE ACTION: APPROVED; Ayes: 0; Nays: 0 WHEREAS, the applicant, Christ Evangelical Lutheran Church, has applied to this Council for a special use permit to construct an addition to the church on property located at 1300 Augustine Avenue, GPIN 7779-63-3669, Fredericksburg, Virginia; and WHEREAS, the Council after notice and public hearing thereon, has considered the application in light of its conformity with the City’s Comprehensive Plan, its harmony with the purposes and standards of the zoning district regulations, its compatibility with existing or planned uses of neighboring properties, and whether the proposed special use and related improvements will be designed, sited, landscaped and otherwise configured such that the use will not hinder or discourage the appropriate development or use of adjacent, neighboring or community land and structures, or impair the economic, social or environmental value thereof; and NOW, THEREFORE, BE IT RESOLVED, based on the above considerations, Council finds: (a) the request as submitted or modified does conform to the City’s Comprehensive Plan, or to specific elements of such plan and to official policies adopted pursuant thereto (b) the request is in harmony with the purpose and intent of the zoning district regulations, (c) this request will not have an undue adverse impact on the surrounding neighborhood, in terms of public health, safety or general welfare; and (d) this request is appropriately designed, sited, landscaped and otherwise configured. This Council grants to Christ Evangelical Lutheran Church a special use permit to construct an addition to the church on property located at 1300 Augustine Avenue, in substantial accordance with its application for a special use permit dated February 4, 2013. Votes: Ayes: Nays: Absent from Vote: Absent from Meeting: Resolution 13-__ April 9, 2013 Page 2 *************** Clerk’s Certificate I, the undersigned, certify that I am Clerk of Council of the City of Fredericksburg, Virginia, and that the foregoing is a true copy of Resolution No. 13- duly adopted at a meeting of the City Council meeting held April 9, 2013 at which a quorum was present and voted. ____________________________________ Tonya B. Lacey Clerk of Council Officers March 22, 2013 President Edwin C. Daley, DPA To: Key Officials of Full-Member Local Governments; Hopewell City Manager Council and Board Clerks of Full-Member Local Governments President-Elect From: R. Michael Amyx, Executive Director David P. Helms Marion Mayor Subject: 2013 VML Policy Committee Nominations Vice President The Virginia Municipal League is accepting nominations for its 2013 policy William D. Euille committees. A description of the policy committee process is attached, along with Alexandria Mayor a nomination form. Please complete the enclosed form and return it to VML by Monday, April 22. If your community has an election in May, please return Immediate Past President this form by the requested date even if you must revise it later. Rosemary Wilson Please observe the following guidelines when making your policy nominations: Virginia Beach Council Member • Only full-member local governments may participate. Executive Director You may nominate two individuals to a committee; if two are nominated, at R. Michael Amyx • least one nominee must be a governing body member. Magazine Virginia Town & City • Only members of a council or board of supervisors and appointed officials (i.e., employees of the local government) are eligible to serve. • Individual may serve on only one committee. • The chief administrative officer or mayor/board chairman must sign the nomination form. • Please return nomination forms by April 22. P.O. Box 12164 Richmond, Virginia 23241 We will forward information about policy committee meeting times and rooms as soon as they are confirmed. Policy committee recommendations that emerge from 13 East Franklin Street the July meeting will be forwarded to the Legislative Committee for consideration at Richmond, Virginia 23219 its September meeting. 804/649-8471 Please call/e-mail Janet Areson (804/523-8522, jareson@vml.org) if you have any Fax 804/343-3758 questions about the appointment process. e-mail@vml.org www.vml.org L o c a l G o v e r n me n t s W o r k i n g T o g e t he r S i n ce 190 5 VML 2013 Policy Committee Nominations Please return this form by April 22 to Joni Terry at VML, P.O. Box 12164, Richmond, VA 23241; Fax 804/343-3758; email: jterry@vml.org Community & Economic Development Name & Title:______________________________________________________________________________ Name & Title:______________________________________________________________________________ Environmental Quality George C. Solley, Councilor Name & Title:______________________________________________________________________________ Name & Title:______________________________________________________________________________ Finance Bradford C. Ellis, Vice-Mayor Name & Title:______________________________________________________________________________ Name & Title:______________________________________________________________________________ General Laws Frederic N. Howe, III, Councilor Name & Title:______________________________________________________________________________ Kathleen A. Dooley, City Attorney Name & Title:______________________________________________________________________________ Human Development & Education Kerry P. Devine, Councilor Name & Title:______________________________________________________________________________ Name & Title:______________________________________________________________________________ Transportation Name & Title:______________________________________________________________________________ Name & Title:______________________________________________________________________________ City of Fredericksburg Signed:_______________________________________Locality:____________________________________ (Mayor/Chair, or Manager/Administrator) VML’s Legislative and Policy Committee Process Each year the Virginia Municipal League develops two separate documents -- a legislative program and a compilation of policy statements -- through a process that involves the Legislative Committee and six separate policy committees. The Legislative Committee is responsible for developing the legislative program, but it may also rely on input from the policy committees to do so. The policy committees develop broad policy statements, in addition to submitting specific legislative recommendations for consideration by the Legislative Committee. Legislative Committee What is the role of the Legislative Committee? The Legislative Committee is responsible for considering and reporting on existing or proposed state and federal legislation or regulations, and urging the enactment or amendment of, or opposition to, such legislation or regulations. How is the Legislative Committee appointed? VML’s Constitution spells out the composition of the Legislative Committee. The committee consists of 24 people holding elective or appointed positions, all appointed by VML’s President. Of the 24 members, 12 must be representatives of cities and urban counties with populations in excess of 35,000, 6 must be representatives of cities and urban counties with populations of 35,000 or less, and 6 must represent towns. What is included in VML’s Legislative Program? The legislative program adopted by the Legislative Committee reflects specific legislative objectives that VML hopes to achieve during the upcoming legislative session. It is subject to the approval of VML’s membership at the annual conference. What is the relationship between the legislative committee and VML’s policy committees? The Legislative Committee meets prior to the policy committees to identify issues that it would like the committees to consider for potential inclusion in the league’s legislative program. It meets again after the policy committees have met to consider their recommendations. Policy Committees What is the role of the policy committees? Policy committees receive briefings on select statewide issues, consider possible changes to the policy statement, and develop legislative recommendations for the Legislative Committee to consider. How are policy committees appointed? Policy committee membership consists of elected and appointed officials of full-member local governments. Nomination information is sent in the spring to each locality, and each local government determines which of its officials will be nominated for each of the six policy committees. Each local government may nominate up to two people per policy committee, at least one of whom must be an elected official. What are the benefits of serving on a policy committee? VML policy committees offer members an opportunity to learn about current and emerging statewide issues that affect local governments, to develop through policy statements the broad philosophical framework that guides the league, and to network with local officials with similar policy interests. How many policy committees are there? There are six policy committees: community and economic development, environmental quality, finance, general laws, human development and education, and transportation. What issues does each policy committee cover? • Community & Economic Development: Authority, administration, and funding of local governments to manage a full range of community and economic development issues, including business development and retention, international competitiveness, infrastructure development and investment, planning, land use and zoning, blight, enterprise zones, housing, workforce development and historic preservation. • Environmental Quality: Natural resources and the authority of local governments to manage the environment, including water resources and quality, solid and hazardous waste management, air quality and the Chesapeake Bay. • Finance: Powers, organization and administration of local government financing, including taxing authority, debt financing, state aid to local governments and federal policies affecting local finance issues. • General Laws: Powers, duties, responsibilities, organization and administration of local governments, including state-local and inter-local relations, conflicts-of-interest, freedom-of-information, information management and personnel, telecommunications, utilities and law enforcement, jails and courts issues. • Human Development and Education: Management and funding of social services, education, health, behavioral health, juvenile justice, recreation, rehabilitation and programs for the aging. • Transportation: Development, maintenance, and funding of a comprehensive land, sea and air transportation system for the Commonwealth, and federal, state and local roles in the provision and regulation of transportation. What is a policy statement? Each policy committee develops a policy statement that covers issues in its respective area. The policy statement expresses the agreement of VML’s membership on matters of interest to local governments. The statement generally addresses broad, long-term, philosophical positions. The VML membership approves the policy statements at its annual meeting. How do policy statements differ from VML’s legislative program? Policy statements are general in nature. They reflect local governments’ positions on a range of issues. The Legislative Program is more specific and immediate. It is limited to legislative positions that VML expects to lobby on during the upcoming legislative session. Item #9A CITY OF FREDERICKSBURG, VIRGINIA HON. MARY KATHERINE GREENLAW, MAYOR HON. BRADFORD C. ELLIS, VICE -MAYOR, WARD ONE CITY COUNCIL HON. KERRY P. DEVINE, AT-LARGE HON. MATTHEW J. KELLY, AT-LARGE 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 Council Work Session March 26, 2013 Recommended Budget for Fiscal Year 2014 The Council of the City of Fredericksburg, Virginia held a work session on Tuesday, March 26, 2012, beginning at 5:30 p.m. in City Hall Conference Room. Council Present. Mayor Mary Katherine Greenlaw, Presiding. Vice-Mayor Bradford C. Ellis. Councilors Kerry P. Devine, Frederic N. Howe, III, Matthew J. Kelly, Beatrice R. Paolucci, and George C. Solley. Also Present. City Manager Beverly R. Cameron, Assistant City Manager Mark Whitley, City Attorney Kathleen Dooley, Police Chief David Nye, Sheriff Paul Higgs, Budget Manager Amanda Lickey and Clerk of Council Tonya B. Lacey. Council Conduct. Before the start of the meeting Mayor Greenlaw discussed Council conduct at meetings and she handed out City Council’s Rules of Procedure and Roberts Rules of Order Guidelines and Rules. (See attached). Budget for Fiscal Year 2014. Councilor Devine declared that she is employed by a government agency (Fredericksburg City Schools) that receives funding from the City but that she was able to participate in the transaction fairly, objectively and in the public interest. City Manager Cameron reviewed the budget process with Council and asked that as in the past Council would offer propositions to add, delete or modify any part of the budget. The propositions list will be voted on at the last work session in April. The propositions must include a directive and proposed source of funding. Mr. Cameron asked that propositions only be offered during work sessions. Mr. Cameron also briefly discussed his proposed tax rate, an increase of $0.03 per $100. For every one cent on the real estate rate produced $345,000 annually. He added that he would need to have a decision on the tax rate to advertise on March 28. Mr. Cameron also 1 Item #9A reminded Council that he would need approval to advertise higher rates for water, sewer and trash. The public hearing for the budget is April 16. (See attached). Rappahannock Regional Jail (RRJ) Budget Briefing. Mr. Cameron presented a PowerPoint presentation and in the presentation he gave a brief background of the RRJ, listed the partners, discussed the benchmarked costs of the RRJ, explained cost allocations, presented the RRJ adopted 2014 budget, showed the members share of local costs and member contributions for FY14, operating and debt service contribution by locality, explained the local prisoner days, discussed factors that drive trends and cause rate of growth, presented the City’s increase and a comparison of prisoner days by length of stay for the City, and federal inmates statistics. (See attached for more information.) Council discussed the jails and the City’s portion of the costs for the jails. It was also asked if the funding status could be amended and Mr. Cameron said only if all the jurisdiction’s agreed to the amendment. Health Insurance. Assistant City Manager Whitley reviewed the question and answer memo with Council and he highlighted the health insurance. The City is in the midst of the procurement process for health insurance. He said he used the incumbent carriers baseline quote which represented a significant increase. He said he believed there would be a savings if the City moved away from Anthem, but he explained that they would have to deal with they issue of claims run-out. (See attached) Water and Sewer Rates. Council agreed to advertise the increased water and sewer rates and to discuss the increased real estate rate at the next work session. Adjournment. There being no further business to come before the Council at this time, Mayor Greenlaw declared the work session officially adjourned at 6:43 p.m. ______________________ Tonya B. Lacey Clerk of Council City of Fredericksburg 2 Regular Session 03/26/13 Item #9B HON. MARY KATHERINE GREENLAW, MAYOR CITY OF FREDERICKSBURG, VIRGINIA HON. BRADFORD C. ELLIS, VICE -MAYOR, WARD ONE CITY COUNCIL HON. KERRY P. DEVINE, AT-LARGE HON. MATTHEW J. KELLY, AT-LARGE HON. GEORGE C. SOLLEY, WARD TWO HON. FREDERIC N. HOWE, III, WARD THREE HON. BEATRICE R. PAOLUCCI, WARD FOUR Council Chambers, 715 Princess Anne Street Fredericksburg, Virginia 22401 March 26, 2013 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, March 26, 2013, beginning at 7:30 p.m. in the Council Chambers of City Hall. City Council Present. Mayor Mary Katherine Greenlaw presiding. Vice- Mayor Bradford C. Ellis. Councilors Kerry P. Devine, Frederic N. Howe, III, Matthew J. Kelly, Beatrice R. Paolucci and George C. Solley. Also Present. City Manager Beverly R. Cameron, Assistant City Manager Mark Whitley, City Attorney Kathleen Dooley, Budget Manager Amanda Lickey, Director of Public Transit Kathy Beck, Assistant Director of Public Transit Wendy Kimball, Director of Building & Development Services Steve Smallwood, Site Development Manager Kevin Utt, Economic Development Director Karen Hedelt 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 John Fesq at this evening’s meeting. 0 Regular Session 03/26/13 Item #9B Update on FRED Maintenance Facility (D13-__). Project Manager Bill Downey, presented a PowerPoint presentation showing the construction of the fleet operations and maintenance facility for FRED Transit. The budget for the project is $4,539,114, but the projection completion costs are $4,350,000. The project is projected to be completed under budget with a completion date of June 2013. (See D13-__ for more information.) Update on the Brownsfield Program (D13-__ thru D13-__). Building and Development Services Director Smallwood stated that he was proud of the Brownsfield Program and said the City would benefit greatly from it by allowing the reuse of land within the City. He also commended Mr. Utt for his environmental knowledge. Site Development Manager Utt gave a brief synopsis of how the City was able to receive the grant and what the grant could be used for. He also presented a PowerPoint presentation which explained what Brownfields are, showed example of a few within the City, reviewed Legislation on Brownsfields, he listed the established Brownsfields Grant Programs, described the process that a Brownsfield project takes, and he list the benefits. (See D13-__ thru D13-__ for more information). Citizen Comment. The following speaker came forward to participate in the citizen comment portion of this evening's meeting. Cindy Papa, no fixed address, asked Council to review the ordinance that doesn’t allow people to sleep in their cars. She would like to see the ordinance changed. Public Hearings (D13-__ thru D13-__). There were no scheduled public 1 Regular Session 03/26/13 Item #9B hearings. Council Agenda Presented. The following items were presented to Council. 7A. 2013-2014 City Budget Advertised Tax Rate/Proposal and Recommendation – Councilor Howe 2013-2014 City Budget Advertised Tax Rate/Proposal and Recommendation (D13-__). Councilor Howe presented a PowerPoint presentation proposing a $0.07 real estate tax increase to pay for the cost of the new courthouse and to put all courts bond debt service and initial operations and maintenance into a separate financial reporting tracking account. He also proposed to have the City Attorney draft an ordinance to establish a policy that requires the creation of a bond funded tax account to provide additional financial insights for the courts project and all future capital projects requiring bond funding. He explained that once the debt has been retired the commensurate tax would be refunded to the tax payers for that portion of the debt as it has retired, but carry forward the portion of the taxes that are associated with the operations and maintenance portion of the project. Councilors Devine and Solley were not comfortable voting on something they had just received and had no time to think about. Councilors Ellis, Kelly and Paolucci each agreed that this proposal was worth looking into further and Vice-Mayor Ellis proposed separating the proposal to create a bond funded tax from the tax increase. City Attorney Dooley informed Council that they have no authority to tell future Council’s how to fund projects as proposed in the ordinance. Councilor Paolucci recommended isolating the cost of the courts as a separate line item in the budget to make it clear what they costs are. 2 Regular Session 03/26/13 Item #9B Councilor Howe requested that the City Attorney research and see what could be done to refund the money back to the taxpayers as projects are paid off. City Manager’s Consent Agenda Accepted for Transmittal as Recommended (D13-__ thru D13-__). Following review and as recommended, Councilor Kelly moved approval of the City Manager's consent agenda; motion was seconded by Councilor Devine and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Ellis, Devine, Howe, Kelly, Paolucci and Solley. Nays (0). • Resolution 13-19, Second Read Approved, Amending the Fiscal Year 2- 13 Social Services Fund by $310,000 to Appropriate Additional State and Federal Funding (D13-__). • Ordinance 13-07, Second Read Approved, Renewing the Non-Exclusive Franchise to Nancy S. Wimmer, D/B/A Trolley Tours of Fredericksburg, to provide Motor Vehicle Tour Services in the City (D13-__). • Resolution 13-21, Approved, Budget Amendment for the Rappahannock Regional Criminal Justice Academy (D13-__). • Transmittal of Boards and Commission Minutes o Fredericksburg Clean & Green Commission – February 7, 2013 (D13-__). o Economic Development Authority – December 12, 2012 (D13-__). o Economic Development Authority – January 14, 2013 (D13-__). o Economic Development Authority – February 11, 2013 (D13-__). o Planning Commission – February 27, 2013 3 Regular Session 03/26/13 Item #9B o Potomac & Rappahannock Transportation Commission – February 14, 2013 Adoption of Minutes (D13-__). Councilor Devine moved approval of the March 12, 2013 Work Session, Public Hearing and Regular Session minutes; motion was seconded by Councilor Solley and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Ellis, Devine, Howe, Kelly, Paolucci and Solley. Nays (0). Resolution 13-22, Approved, Authorizing the City Manager to Execute a Memorandum of Understanding with the Fredericksburg Main Street Initiative (D13-__). Upon a motion and as recommended Councilor Solley moved to approve Resolution 13-22, authorizing the City Manager to execute a Memorandum of Understanding with the Fredericksburg Main Street Initiative; motion was seconded by Councilor Devine and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Ellis, Devine, Howe, Kelly, Paolucci and Solley. Nays (0) City Manager’s Report and Council Calendar (D13-__ thru D13- __). 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: Recommended FY 2014 Budget Released, Motts Run Reservoir, Visitor Center, Memorial Park Tennis Court, Space Utilization, New K-9 Officer, Phone System Upgrade for Social Services and Emergency Notification System. City Manager Cameron commended the Fire Department’s tremendous efforts in 4 Regular Session 03/26/13 Item #9B fighting the fire at 1800 Washington Avenue. He also recognized the assistance of the Stafford County firefighters at the scene and the assistance of the Spotsylvania’s Chancellor Firemen who manned the Altoona Station while they were on scene at the fire. He also noted that the construction on the Fall Hill project was scheduled to begin July 5. Vice-Mayor Ellis asked that a link be placed on the website with the timeline for the project and he asked that a rendition on the project be posted as well. Councilor Kelly echoed Mr. Cameron’s comments on how well the fire was handled on Washington Avenue. He met with one of the adjacent owner’s and he was very impressed with the response. Councilor Howe asked City Manager Cameron if there would be an opportunity to offer an early performance bonus for the Fall Hill project and Mr. Cameron said they were exploring it with Virginia Department of Transportation. Adjournment. There being no further business to come before the Council at this time, Mayor Greenlaw declared the meeting officially adjourned at 9:06 p.m. __________________________________ Mary Katherine Greenlaw, Mayor _____________________________ Tonya B. Lacey, Clerk of Council, CMC 5 ITEM #10A MEMORANDUM TO: Mayor Tomzak and City Council FROM: Tonya B. Lacey, Clerk of Council DATE: April 2, 2013 SUBJECT: Economic Development Authority Reappointment BACKGROUND On April 30, 2013, Amy LaMarca’s appointment will expire. She is seeking reappointment to her second term. Ms. LaMarca has applied for and is requesting reappointment to the Economic Development Authority. RECOMMENDATION At the April 9, regular session, Council is requested to reappointment Ms. LaMarca. The reappointment application has been received by my office and is attached for your review and consideration. Tonya B. Lacey Tonya B. Lacey Clerk of Council ITEM #10B MEMORANDUM TO: Mayor Greenlaw and City Council FROM: Tonya B. Lacey, Clerk of Council DATE: April 2, 2013 SUBJECT: Memorials Commission BACKGROUND There are currently three vacancies on the Memorials Commission due to the resignation of Richmond McDaniel, Richard Garnett and Claudia Emerson. Ms. Betty Massey is eligible and is seeking appointment to the Commission. RECOMMENDATION At the April 9, 2013 regular session, Council is requested to appointment Ms. Massey. The appointment application has been received by my office and is attached for your review and consideration. Tonya B. Lacey Tonya B. Lacey Clerk of Council ITEM #11A MEMORANDUM TO: Beverly Cameron, City Manager of Fredericksburg FROM: Amanda Lickey, Budget Manager DATE: April 1, 2013 SUBJECT: Amending the FY 2013 Budget for School Grant Funding ISSUE The Fredericksburg City Public School’s requests that City Council amend the School Grants Fund in the amount of $60,664 for a supplemental appropriation of funding received from the Virginia Department of Education. RECOMMENDATION Staff recommends approval of this resolution which only requires one reading. BACKGROUND These funds come from the Virginia Department of Education under Title I and Title II Carryover and represent unexpended funds awarded in the prior year. The original Federal Title I and Title II program appropriations provide for the potential carryover of these funds each year, and they must be appropriated into FY 2013. The Federal Title I and Title II funding is first distributed to the Commonwealth then passed through to the local school agencies. Title I funding is allocated for financial assistance to local educational agencies for the education of children from low income families. Title II funding is designated for school library resources and instructional material FISCAL IMPACT This appropriation requires no additional local funding. This amendment will increase the School Grants Fund by $60,664 but has no direct impact on the School Operating Budget (Fund 205) or the General Fund. Attachment: Appropriation Resolution MOTION: April 9, 2013 Regular Meeting SECOND: Resolution No. 13- RE: AMENDING THE FISCAL YEAR 2013 BUDGET BY APPROPRIATING A TOTAL OF $60,664 IN FEDERAL EDUCATION FUNDING FOR THE FREDERICSKBURG CITY PUBLIC SCHOOLS ACTION: APPROVED; Ayes: 0; Nays: 0 WHEREAS, the Fredericksburg City Public Schools have received federal funding under the Title I and Title II programs; and WHEREAS, the Fredericksburg City School Board is requesting that the City Council amend the School Grants Fund budget to appropriate these grant funds; NOW, THEREFORE, BE IT RESOLVED that the following appropriations amending the FY 2013 budget be recorded in the School Grants Fund. SCHOOL GRANTS FUND Source: Education (Revenue from the Federal Government) 3-211-033020-0002 Title I $ 41,615 3-211-033020-0085 Title II 19,049 Department Total: $ 60,664 Total Source: $ 60,664 Use: Title I – Chapter I 4-211-069104-3160-0-101 Professional Services - Closeout $ 24,215 4-211-069104-6013-0-101 Materials & Supplies – Closeout 3,000 4-211-069104-6014-0-101 Other Supplies – Closeout 404 4-211-069104-5540-8-101 Conferences & Training 4,482 4-211-069104-5540-8-101 Other Supplies $ 9,514 Department Total: $ 41,615 Title II – Teacher Quality 4-211-069146-5540-0-101 Conferences & Training $ 215 4-211-069146-5510-8-101 Travel & Mileage 17,048 4-211-069146-5540-0-101 Conferences & Training 1,786 Department Total: $ 19,049 Total Use: $ 60,664 Resolution 12-__ April 9, 2013 Page 2 Votes: Ayes: Nays: Absent from Vote: Absent from Meeting: *************** Clerk’s Certificate I, the undersigned, certify that I am Clerk of Council of the City of Fredericksburg, Virginia, and that the foregoing is a true copy of Resolution No. 13- duly adopted at a meeting of the City Council meeting held April 9, 2013 at which a quorum was present and voted. ____________________________________ Tonya B. Lacey, CMC Clerk of Council ITEM #11B MEMORANDUM TO: Beverly Cameron, City Manager of Fredericksburg FROM: Amanda Lickey, Budget Manager DATE: April 2, 2013 SUBJECT: Amending the General Fund to Purchase Improvements at Motts Run Marina ISSUE The Department of Parks, Recreation, and Public Facilities requests a budget amendment to purchase equipment and install a restroom at the Motts Run marina. RECOMMENDATION Staff recommends approval of this resolution which only requires one reading. BACKGROUND The marina at Motts Run rents boats and other equipment to use for fishing and recreational purposes on the Motts Run Reservoir. The Department of Parks, Recreation, and Public Facilities is requesting a supplemental appropriation of $13,385 to purchase small equipment and to create a permanent restroom facility. The most significant purchase will be the allocation of $10,000 to create a permanent restroom facility. The City owns a restroom trailer that will be relocated to Motts Run. The additional funding allows for the drilling of a well and making this a permanent fixture at the park. The restroom trailer has above-ground holding tanks, which will require ongoing servicing. The new facility will improve and replace the existing portable facilities located at the marina. In addition to the permanent restroom request, the Department requests small amounts of funding to replace batteries, oars, and a small kayak for rental. The marina is a very popular program, and fees collected to date in FY 2013 are on track to exceed the revenue forecast in the budget. Staff recommends increasing the revenue forecast for the fees as the source for funding for this request. Memorandum: Amending the General Fund to Purchase Improvements at Motts Run Marina April 2, 2013 Page 2 of 2 FISCAL IMPACT The attached resolution will increase the Parks Maintenance budget by $13,385, allowing for the purchase of the replacement equipment and the installation of the new restroom facilities. The source of funds is fee revenue generated by the program. Attachment: Appropriation Resolution MOTION: April 9, 2013 Regular Meeting SECOND: Resolution No. 13-__ RE: AMENDING THE FISCAL YEAR 2013 BUDGET BY APPROPRIATING $13,385 IN FUNDS TO PURCHASE ADDITIONAL EQUIPMENT FOR THE MOTTS RUN PARK PROGRAM ACTION: APPROVED; Ayes: 0; Nays: 0 WHEREAS, the Parks and Recreation Department requests an appropriation to purchase additional equipment and develop a permanent restroom facility at the Motts Run Park; and WHEREAS, approval of this resolution will allow refreshing the equipment rented to the public as well as drill the well and place a permanent restroom trailer at this location; and WHEREAS, the source of funding for this amendment is marina fees that are anticipated to be in excess of the original FY 2013 budget; NOW, THEREFORE, BE IT RESOLVED that the following appropriations amending the FY 2013 budget are recorded in the General Fund budget. General Fund Source Recovered Cost 3-100-016130-0004 Marina & Boat Landing Fees $ 13,385 Department Total: $ 13,385 Total Source: $ 13,385 Use Parks Maintenance 4-100-071200-3170 Construction Contracts $ 10,000 4-100-071200-6014 Other Operating Supplies 3,385 Department Total: $ 13,385 Total Use: $ 13,385 Resolution 13-__ April 9, 2013 Page 2 Votes: Ayes: Nays: Absent from Vote: Absent from Meeting: *************** Clerk’s Certificate I, the undersigned, certify that I am Clerk of Council of the City of Fredericksburg, Virginia, and that the foregoing is a true copy of Resolution No. 13- duly adopted at a meeting of the City Council meeting held April 9, 2013 at which a quorum was present and voted. ____________________________________ Tonya B. Lacey, CMC Clerk of Council ITEM #11C MEMORANDUM TO: Beverly R. Cameron, City Manager FROM: Mark Whitley, Assistant City Manager DATE: April 3, 2013 SUBJECT: Authorization of Subsidy for VRE and PRTC ISSUE The City Council is asked to consider the authorization of the use of motor fuels taxes for the Virginia Railway Express and the Potomac and Rappahannock Transportation Commission for FY 2014. RECOMMENDATION Staff recommends approval of the attached resolution authorizing the use of $427,728 for the Virginia Railway Express and $25,800 for the PRTC for Fiscal Year 2014. The attached resolution requires one reading. BACKGROUND Every year the City must pass a resolution that authorizes the use of motor fuels taxes for operating subsidies for the Virginia Railway Express and the Potomac and Rappahannock Transportation Commission. The motor fuels tax may only be used to support VRE, PRTC, or other transportation purposes. This year the VRE is requesting $427,728; this is an increase of 1.45% from the FY 2013 subsidy level of $421,616. The total VRE budget is $92,991,573, and there are 30 revenue trains and 32 total trains in operation. Major features of the budget include: o Assumed ridership of 20,100 per day. o Fare revenue of $36.6 million, including a fare increase of 4%. o The total local subsidy is $16,428,800, which is the same amount of local subsidy as the current fiscal year. The City’s ridership, as measured in the October 2012 survey, rose slightly over the 2011 number – from 329 to 345, a 4.86% increase. The City’s ridership represents 3.81% of the overall ridership of the VRE. Prince William County, for example, had 3,148 riders in the ridership survey. Fairfax County had 2,140 riders in the survey, and our neighbors to the north in Stafford County had 1,628 riders. Spotsylvania County had 1,025 riders. The PRTC subsidy for administrative expenses is $25,800, which is an $800 decrease from FY 2013. Memorandum: Authorization of Subsidy for VRE and PRTC April 3, 2013 Page 2 of 2 FISCAL IMPACT The resolution would authorize the use of a total of $453,528 in motor fuels taxes. The PRTC projects total motor fuels tax revenue for the City in FY 2013 of $1,742,518. Attachment: Authorization Resolution PRTC Resolution 13-01-05 with supporting materials MOTION: April 9, 2013 Regular Meeting SECOND: Resolution No. 13-__ RE: AUTHORIZING THE USE OF $427,728 IN MOTOR FUELS TAXES FOR THE VIRGINIA RAILWAY EXPRESS AND $25,800 FOR THE POTOMAC AND RAPPAHANNOCK TRANSPORTATION COMMISSION FOR FISCAL YEAR 2014 ACTION: APPROVED; Ayes: 0; Nays: 0 WHEREAS, in Fiscal Year 2014, revenues from the tax on motor vehicle fuels sold in the City of Fredericksburg is estimated to be $1.7 million; and WHEREAS, the City of Fredericksburg supports the Virginia Railway Express and the Potomac and Rappahannock Transportation Commission with the proceeds of the motor fuels tax. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fredericksburg that the use of these funds in the amount of $427,728 is hereby authorized to support the Virginia Railway Express for Fiscal Year 2014. BE IT FURTHER RESOLVED that the use of funds in the amount of $25,800 is hereby authorized to support the Potomac and Rappahannock Transportation Commission in Fiscal Year 2014. Votes: Ayes: Nays: Absent from Vote: Absent from Meeting: *************** Clerk’s Certificate I, the undersigned, certify that I am Clerk of Council of the City of Fredericksburg, Virginia, and that the foregoing is a true copy of Resolution No. 13- duly adopted at a meeting of the City Council meeting held Date, 2013 at which a quorum was present and voted. ____________________________________ Tonya B. Lacey, CMC Clerk of Council ITEM #11D MEMORANDUM TO: Beverly R. Cameron, City Manager FROM: Mark Whitley, Assistant City Manager DATE: April 3, 2013 RE: Setting the Personal Property Tax Relief Percentage for 2013 Issue The City Council must approve a resolution setting the Personal Property Tax Relief Percentage for the 2013 Personal Property Tax Billing. Spring bills are due May 15th. Recommendation Staff recommends approval of the attached resolution confirming the Commissioner’s assessment of the relief percentage at 36%. Background In order to send out the spring personal property tax bills, the Treasurer and the Commissioner of the Revenue need a resolution adopted by the City Council setting the percentage of Personal Property Tax Relief, in accordance with Ordinance 05-28. The Commissioner of the Revenue has calculated a tax relief rate based upon the amount of relief that the state will provide to the City. The Commissioner recommends the relief percentage be set at 36% to fully exhaust the block grant. The City receives the same amount for relief from the state every year. Because the same amount of relief is being spread over more cars, the percentage of relief for each property owner continues to decline. The spring billing will encompass both the last half of this fiscal year and the first half of next fiscal year. Fiscal Impact Personal property tax revenues for the City are not impacted. The City’s current relief percentage is 38%, so the amount of relief for taxpayers will fall. The City’s relief rate has been declining. In CY 2009 it was 54%; in CY 2010 it was 47%; in CY 2011 it was 42%. The new base numbers for CY 2013 show a slight increase in the values from CY 2012 - $13 million. The values change throughout the year as supplements are added and abatements are subtracted. Attachment: Resolution cc: G.M. Haney, Treasurer Lois Jacob, Commissioner of the Revenue MOTION: April 9, 2013 Regular Meeting SECOND: Resolution No. RE: SETTING THE PERSONAL PROPERTY TAX RELIEF PERCENTAGE FOR THE 2013 BILLING IN ACCORDANCE WITH THE CHANGES TO THE PERSONAL PROPERTY TAX RELIEF ACT OF 1998 ACTION: APPROVED; Ayes: 0; Nays: 0 WHEREAS, the Personal Property Act of 1998, Va. Code Section 58.1-3523, et seq. (“PPTRA”), has been substantially modified by the enactment of Chapter 1 of the Acts of Assembly, 2004 Special Session 1 (Senate Bill 5005), and the provisions of Item 203 of Chapter 951 of the 2005 Acts of Assembly (the 2005 revisions to the 2004-2006 Appropriations Act, hereinafter cited as the “2005 Appropriations Act”); and WHEREAS, these legislative enactments require the City to take affirmative steps to implement these changes, and to provide for the computation and allocation of relief provided pursuant to the PPTRA as revised; and WHEREAS, these legislative enactments provide for the appropriation to the City, commencing in 2006, of a fixed sum to be used exclusively for the provision of tax relief to owners of qualifying person use vehicles that are subject to the personal property tax on such vehicles; and WHEREAS, the City of Fredericksburg enacted Ordinance Number 05-28, An Ordinance Implementing the 2005-2006 Changes to the Personal Property Tax Relief Act of 1998, in response to these legislative enactments; and WHEREAS, the Commissioner of Revenue has received the amount of relief in the City’s block grants from the state, and made a projection based upon the City’s historical growth in personal property tax values of the level necessary to fully exhaust the PPTRA relief fund provided to the City by the Commonwealth, as called for in the Ordinance; and WHEREAS, it is necessary to set by resolution the Personal Property Tax Relief Percentage for the tax billing of 2013; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Fredericksburg, that the Personal Property Tax Relief Percentage be set at 36% of the first $20,000 of market value for qualifying vehicles valued at over $1,000, in accordance with Ordinance 05-28. Resolution 13-__ April 9, 2013 Page 2 Votes: Ayes: Nays: Absent from Vote: Absent from Meeting: *************** Clerk’s Certificate I, the undersigned, certify that I am Clerk of Council of the City of Fredericksburg, Virginia, and that the foregoing is a true copy of Resolution No. 13- duly adopted at a meeting of the City Council meeting held April 9, 2013 at which a quorum was present and voted. ____________________________________ Tonya B. Lacey, CMC Clerk of Council ITEM #11E MEMORANDUM TO: Mayor Greenlaw and Members of City Council FROM: Beverly R. Cameron, City Manager DATE: April 2, 2013 SUBJECT: City Manager’s Update Highlights of major activities and other notable developments: City and UMW Foundation Receive Statewide Honor - The City of Fredericksburg and the University of Mary Washington Foundation received a statewide 2013 Community Economic Development Award at the Virginia Economic Developers Association’s Spring Conference held March 29 in Charlottesville. The award recognized the Hyatt Place-Fredericksburg hotel at Eagle Village for the creative financing enabled by the city’s Tourism Zone program, the new Virginia Tourism Development Financing Program and the entrepreneurial strength of its developer, the UMW Foundation. The Department of Economic Development and Tourism nominated the project for the award. City Council approved a $310,000 Tourism Zone performance grant for the hotel in 2011. The city and foundation worked with the Virginia Tourism Corporation to secure a $310,000 state matching grant for the hotel through the Virginia Tourism Development Financing Program, the first one approved by VTC since the program’s creation in 2011. The city and state grants, funded by sales tax revenues generated by the hotel, allowed the foundation to close the final gap in financing the $15 million project. City EDA Recognized for Downtown Façade Improvement Matching Grant Program - The downtown facade improvement program of the Fredericksburg Economic Development Authority received a statewide 2013 Award of Excellence in the Commercial Revitalization Plans & Streetscapes Category from the Virginia Downtown Development Association. The annual award luncheon was held April 4 in Petersburg. In October 2011, the Fredericksburg Economic Development Authority launched a new program offering 50/50 matching grants up to $10,000 to property owners in the 40-block downtown historic district who were interested in improving the facades of their commercial buildings. Since the program’s startup and through the end of 2012, twenty downtown commercial building facades have been improved with EDA grants totaling $111,000, leveraging additional private investment of approximately $392,000. The program is based on a May 2011 report by Frazier Associates assessing the façade improvement needs for each of the downtown’s 230 commercial and mixed use buildings. City Manager’s Update Memorandum -2- April 2, 2013 Parks & Recreation Summer Brochure - The Summer Activities Catalog for Parks & Recreation will be released on April 10 in the Free Lance-Star and at the Dorothy Hart Community Center. The catalog features over 500 activities for children and adults including art, sport, dance and fitness. It also includes trips, special events and information about the Dixon Pool. Earth Day at Old Mill Park - This year’s Earth Day, held on April 14, will feature alternative cars, dozens of exhibitors, hands-on activities, live music, live animals, hikes and food vendors. The one-day event celebrating the environment and protection of natural resources attracts over 1000 people annually to Old Mill Park. Local Hospitality Industry Training - As part of an ongoing effort to keep our local hotel front desk clerks educated, the Economic Development and Tourism Department, in cooperation with the Fredericksburg Regional Hospitality Council and Trolley Tours, hosted twenty-four people on March 26 on an all-day familiarization tour. Participants enjoyed tours at nine sites during the nine-hour day and learned just how much there is to do in the area. These tours are offered yearly in March, June and September. Additionally, a complimentary “Timeless Ticket” and trolley tour ticket are available year-round to any hotel employee who cannot attend a regularly scheduled familiarization tour. Family Reunion Workshop - The Department of Economic Development and Tourism hosted a Reunion Workshop on March 9 at the Fredericksburg Hospitality House Hotel and Conference Center. Thirty-nine reunion planners attended the one-day event, which concluded with a tour of the historic district provided by Trolley Tours of Fredericksburg. Edith Wagner, editor of Reunions Magazine, shared her knowledge and ideas for planning reunions. Tourism staff was on hand to welcome the attendees and share with them the department’s services for planners. The United States Marine Corps Platoon 290 Bootcamp Reunion has booked their 2013 reunion in Fredericksburg as a direct result of this workshop. Other workshop attendees are seeking more information for their upcoming reunions in the Fredericksburg area. Historicon to Return to Fredericksburg for 2014 and 2015 - Historicon, a miniature gaming society, has signed contracts with the Fredericksburg Expo Center and four hotels for July 17-20, 2014 and July 16-19, 2015. Economic impact is expected to be about $1.17 million dollars per event. The dates for this year’s Historicon are July 18-21, 2013. To date, city staff is able to track 1,105 hotel room nights at eight hotels associated with the 2013 event. Child Abuse Prevention Month - April is Child Abuse Prevention Month in Virginia. The Department of Social Services protective services unit has collaborated with several community partners to increase awareness and to raise funds to further efforts to prevent child abuse and support families. Last year, the protective services unit responded to 366 child protective services referrals, completed 200 investigations and 258 family assessments, and provided services to nearly 1,000 city children. Education is a critical component to combating the problem of child abuse, and the DSS protective services City Manager’s Update Memorandum -3- April 2, 2013 team gave 15 presentations to community partners covering topics such as mandated reporting and recognizing the signs of abuse. Department activities supporting Child Abuse Prevention Month include the following: • A pinwheel garden is planted in front of the DSS building. The pinwheel is the symbol for child abuse prevention and is meant to reflect hope, health and happiness of children. Pinwheels in front of the DSS building for Child Abuse Prevention Month • DSS staff will have the opportunity to contribute $5 to “dress down” for the day. All proceeds will be given to Safe Harbor, the local Child Advocacy Center. • On April 17, the Department will be partnering with Sweet Frog at Eagle Village in a fundraising event. Twenty-five percent of all purchases at Sweet Frog between the hours of 11:30 a.m. - 10 p.m. on this date will be donated to the Department’s Safe Sleep Campaign. Unsafe sleep environments have become the leading cause of death for infants in the U.S., and the department’s campaign educates caretakers, assesses sleep environments, and provides portable cribs to those in need. • On April 26, the Department will be partnering with the City of Fredericksburg Sheriff’s Office in a fundraising event at the Central Park Wal-Mart to “Cover a Cruiser,” where donors are encouraged to tape paper currency to a deputy’s patrol car. All proceeds will be donated to the Safe Sleep Campaign. City Manager’s Update Memorandum -4- April 2, 2013 ITEM #11F CITY COUNCIL MEETINGS & EVENTS CALENDAR City Hall Council Chambers, 715 Princess Anne Street, Fredericksburg, VA 22401 DATE TIME EVENT 4/9/13 5:30 p.m. Work Session Large, Room 214 • FY14 School Board Budget • FY14 Budget 7:30 p.m. Regular Session Chambers 4/16/13 5:30 p.m. Work Session Suite, Room 218 • FY14 Budget 7:30 p.m. FY14 Budget, Real Estate Tax Rate & Chambers Water, Sewer and Solid Waste Fees Public Hearing 4/23/13 5:30 p.m. Work Session Suite, Room 218 • FY14 Budget Regular Session – FY14 Budget 7:30 p.m. (1st Reading) Chambers 4/30/13 5:45 p.m. Work Session – Closed Suite, Room 218 • Staff Evaluations 5/14/13 5:30 p.m. Work Session Suite, Room 218 • Renwick Building 7:30 p.m. Regular Session - FY14 Budget Chambers (2nd Reading) 5/28/13 5:30 p.m. Work Session (tentative) Suite, Room 218 7:30 p.m. Regular Session Chambers 6/11/13 7:30 p.m. Regular Session Chambers Boards & Commission Meeting Dates/Time Actual Date of Meeting Members Appointed Contact Person Board of Social Services 2nd Friday/8:00 a.m. April 12 at 8 a.m. Paolucci Christen Gallik Central Rappahnnock Regional Library Quarterly/5:30 p.m. May 13 at 5:30 p.m. Devine Donna Cote Chamber Military Affairs Council Quarterly 3rd Thursday/3:30 p.m. April 18 at 3:30 p.m. Ellis Susan Spears Community Policy Management Team Thursday after 3rd Tuesday/2:00 p.m. April 18 at 2 p.m. Paolucci Joan Perry Fredericksburg Arts Commission 1st Thursday /7:00 p.m. May 2 at 7 p.m. Devine, Solley Julie Perry Fredericksburg Area Museum C.C. 4th Wednesday/4:00 p.m. April 24 at 4 p.m. Solley Ellen Killough Fredericksburg Clean & Green Comm. 1st Monday/6:00 p.m. April 8 at 6 p.m. Solley Anne Little Fredericksburg Regional Alliance Quarterly 2nd Monday/5:00 p.m. April 8 at 5 p.m. Greenlaw Gene Bailey GWRC/FAMPO 3rd Monday/6:00 p.m. April 15 at 6 p.m. Kelly, Ellis Tim Ware George Washington Toll Road Authority 1st Monday/6:30 p.m. TBD Greenlaw, Ellis, Kelly Lloyd Robinson Pathways Steering Committee last Thursday/noon April 25 at noon Solley Bob Antozzi PRTC 1st Thursday/7:00 p.m. May 2 at 7 p.m. Kelly Gina Altis Rappahannock Area Agency on Aging 3rd Wednesday/1:30 p.m. April 17 at 1:30 p.m. Paolucci Jim Schaefer Rappahannock Juvenile Detention bi-monthly last Monday/12 noon May 20 at noon Paolucci Carla White Rappahannock Regional Solid Waste Quarterly 3rd Wednesday/1:30 p.m. May 15 at 1:30 p.m. Solley, Howe Pat Rowe Rappahannock River Basin Quarterly/1:00 p.m. June 13 at 1 p.m. Lower Basin Solley, Kelly - Alt. Eldon James Recreation Commission 3rd Thursday/7:00 p.m. April 18 at 7 p.m. Kelly Bob Antozzi Regional Group Home Commission bi-monthly/3:00 p.m. April 17 at 3 p.m. Paolucci Kristen Van Tine Town & Gown Quarterly/3:30 p.m. April 18 at 3:30 p.m. at UMW Devine, Solley Pam Verbeck Virginia Railway Express Operations Brd 3rd Friday/9:30 a.m. April 19 at 9:30 p.m. Kelly, Ellis Richard Dalton

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