City Council

Public Hearing 08/09/16 CITY OF FREDERICKSBURG, VIRGINIA HON. MARY KATHERINE GREENLAW, MAYOR HON. WILLIAM C. WITHERS, JR., VICE -MAYOR, WARD TWO CITY COUNCIL HON. KERRY P. DEVINE, AT-LARGE HON. MATTHEW J. KELLY, AT-LARGE HON. BRADFORD C. ELLIS, WARD ONE HON. DR. TIMOTHY P. DUFFY, WARD THREE Council Chambers, 715 Princess Anne Street HON. CHARLIE L. FRYE, JR., WARD FOUR Fredericksburg, Virginia 22401 August 9, 2016 The Council of the City of Fredericksburg, Virginia, held a public hearing on Tuesday, August 9, 2016, beginning at 7:39 p.m. in the Council Chambers of City Hall. City Council Present. Mayor Mary Katherine Greenlaw, Vice-Mayor William C. Withers, Jr. and Council members Kerry P. Devine, Dr. Timothy P. Duffy, Charlie L. Frye, Jr. and Matthew J. Kelly. City Council Absent. Councilor Bradford C. Ellis - vacation. Also Present. City Manager Timothy J. Baroody, Assistant City Manager Mark Whitley, City Attorney Kathleen Dooley, Public Works Director Doug Fawcett, Planning Services Director Charles Johnston, Zoning Administrator Michael Craig and Clerk of Council Tonya B. Lacey. Notice of Public Hearings (D16-311 thru D16-314). The Clerk read the notice of the public hearings as they appeared in the local newspaper, the purpose being to solicit citizen input. Resolution 16-70, Approved, Granting a Special Use Permit to Catherine Dodd for a Bed and Breakfast Inn at 325 Braehead Drive (D16-311 thru D16-312). 3 speakers. After staff overview Councilor Kelly noted that cities all over the country are trying to figure out how to deal with Air B&B’s from 19411 Public Hearing 08/09/16 the zoning to the revenues. He said the City should start looking at how to change the regulations and how the City was going to deal with this in the future. He said he would like to give Planning Commission some direction before they review it. Mr. Johnston explained that Air B&B’s were similar to standard B&B’s. He said he would welcome the direction from Council. Councilor Kelly said he would like to use the Charlottesville model to start discussions. Councilor Devine said she would hate to over regulate because many have already been operating in the City under the radar and she did not want to regulate it so much that people would not want to have the Air B&B’s. She said Air B&B’s were good for the City and serve a different purpose. Vice-Mayor Withers agreed with Councilor Devine and said the Air B&B’s were a good addition to the City but he would like the proposed application to have a sunset clause attached to give the City time to work out the regulations. He would like to make the regulations simple and not require a special use permit. Council had some discussion on a sunset clause and Councilor Kelly made note that sunset clauses have been used in the past to give the neighbors a sense of relief and if there were any issues the City could step in. Catherine Dodd, 325 Braehead Drive, asked the Council to see Air B&B’s as an alternative for travelers. She said her neighbors on either side of her have been very supportive. She said she has done everything that Air B&B recommended her doing. Ms. Dodd said she doesn’t know if she will ever have any guest but she would like to try. Councilor Frye said his main concern was safety. He also suggested having a letter to provide to the neighbors to include the homeowner’s phone number and the rules 19412 Public Hearing 08/09/16 of the Air B&B so neighbors could call with any concerns. Jerry Stokes, 600 Lewis Street, he and his wife have an Air B&B and he felt this was a solution in search for a problem. He said they have one bedroom that accommodates two people and there have been no complaints on them this far. They have only rented out 2 nights in the last year. He said the current process was arduous and asked that City Council look into limiting the intrusive process. Theron Keller, 1108 Winchester Street, said he was a neighbor of the Mr. & Mrs. Stokes. He urged the Council to read the state law that was in the process. He said the State Code limits its protections to those who rent to one party at a time and it would not apply to the larger bed and breakfast. He believes the law would allow Air B&B’s by- right in all zoning districts. Councilor Duffy said he agreed with a lot of what had been discussed and he said he spoke with a dozen people in the Braehead community and there was a lot of support for Ms. Dodd. He felt there may be a middle ground to provide this service in the City. Vice-Mayor Withers made a motion to approve Resolution 16-70, granting a special use permit to Catherine Dodd for a Bed and Breakfast Inn at 325 Braehead Drive with the added conditions that the applicant confine the rental to 4 persons per night and that a three year sunset clause be added; motion was seconded by Councilor Devine and passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Withers, Devine, Duffy, Frye and Kelly. Nays (0). Amending Ordinance 14-06, to Rezone Approximately 0.806 Acres of Land Adjacent to the Unbuilt Bakersfield Lane Right of Way, a Portion of Former Bragg Hill Parcel B-5, Identified as GPIN 7870- 19413 Public Hearing 08/09/16 003906, from R-12 to R-2 (D16-313 thru D16-314). 1 speaker. Zoning Administrator Craig gave the background for the zoning map amendment. The proposed rezoning would rezone GPIN 7870-00-3906 from R-12 Residential to R-2, Residential. GPIN 7870-00-3906 is a 0.806 acre parcel fronting on Wicklow Drive across from the Riverwalk subdivision to the east and between the Central Park townhomes fronting on Rann Court to the south and the Sunshine Ballpark to the north. The Bragg Hill Corporation owns an adjacent vacant 33.96 acre parcel of land to the west now known as GPIN 7860-90-3994. Mr. Craig stated that in February 2014, the City Council adopted Ordinance 14- 06, which rezoned all the R1 zoned property (1,121 acres of land) in the City. As listed in Exhibit A of the ordinance the properties with an assigned street address were rezoned by that address. Properties without street addresses were rezoned by GPINs. At the time of the rezoning the property was owned by the Bragg Hill Corporation and was included as part of GPIN 7860-90-3994 and Ordinance 14-06 rezoned GPIN 7860-90-3994 from R-1 to R2. The property was not created as an independent feature on the City’s GIS map and assigned its own GPIN (GPIN 7870-00-3906) until September 17, 2105. He also said that the property was conveyed from Bragg Hill Community Corporation to Bragg Hill Corporation in October 2013. The landowner’s attorney prepared a cover sheet for the Clerk of the Court for recording purposed but it included an erroneous GPIN (GPIN 7860-90-9711) and was likely the product of ambiguity in the records dating back to the late 70’s. This error was transferred from the Court Clerk’s Office into the City’s Real Estate records, resulting in a change in the information underlying the mapped GPIN. The real estate information underpinning GPIN 7860-90- 19414 Public Hearing 08/09/16 9711 became a mixture of information related to GPIN 7860-90-9711 as mapped on the City’s official GIS map and the property. Due to the discrepancy during the rezoning process in 2014, City mapping and notification treated the property as part of GPIN 7860-90-3994 which had been rezoned from R1 to R2 but in December 2013 the City began issuing tax bills for the property referring to it as GPIN 7860-90-9711 and taxing it as R-12 zoned property. In May 2016, the property owners appealed to the City’s Board of Zoning Appeals and they upheld the appeal finding that there was sufficient evidence that the GPIN recorded in the land records superseded the City’s GPIN mapping in 2014 and that the property was zoned R-12. Clark Leming, 233 Garrsionville, Road, 22554, Attorney for the applicant, said the owners came to him and asked how the property was zoned and after reviewing all the documents he determined it was rezoned R-12. He said his client put together a by- right subdivision plan and submitted it to the Zoning Administrator. The Zoning Administrator informed his client that the R-12 zone was a mistake and it was actually zoned R-2. He took the case to the Board of Zoning Appeals and they agreed that the property was zoned R-12. He said the property was conveyed to the Homeowners Association in 1976 and in 2013 the Homeowners Association conveyed it back to the Bragg Hill Corporation. Mr. Leming noted that the City did not appeal the BZA’s decision and since they have filed for a vesting determination because of all the work his client had gone through. He also said because of the BZA upholding the R-12 zoning his client had a vested right to that zoning. Councilor Kelly stated that the intent of the Council at the time of the rezoning 19415 Public Hearing 08/09/16 was to zone the property as R-2 and because the applicant did not take action then he had issue with the vested interest. Vice-Mayor Withers said if the City had made a mistake the City should reimburse the owner for the taxes paid, Mr. Craig said it was the staff’s intent to reimburse the taxes. He said it would be up to City Council on whether to reimburse for the vested interest. Councilor Kelly made a motion to defer action until the August 23 meeting; motion was seconded by Vice-Mayor Withers and passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Withers, Devine, Duffy, Frye and Kelly. Nays (0). Adjournment. There being no speakers to come before the Council at this time. Mayor Greenlaw declared the hearing officially adjourned at 8:32 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 19416 Public Hearing 08/09/16 19417 Regular Session 08/09/16 CITY OF FREDERICKSBURG, VIRGINIA HON. MARY KATHERINE GREENLAW, MAYOR HON. WILLIAM C. WITHERS, JR., VICE -MAYOR, WARD TWO CITY COUNCIL HON. KERRY P. DEVINE, AT-LARGE HON. MATTHEW J. KELLY, AT-LARGE HON. BRADFORD C. ELLIS, WARD ONE HON. DR. TIMOTHY P. DUFFY, WARD THREE Council Chambers, 715 Princess Anne Street HON. CHARLIE L. FRYE, JR., WARD FOUR Fredericksburg, Virginia 22401 August 9, 2016 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, August 9, 2016, beginning at 7:30 p.m. in the Council Chambers of City Hall. City Council Present. Mayor Mary Katherine Greenlaw, Vice-Mayor William C. Withers, Jr. and Council members Kerry P. Devine, Dr. Timothy P. Duffy, Charlie L. Frye, Jr. and Matthew J. Kelly. City Council Absent. Councilor Bradford C. Ellis - vacation. Also Present. City Manager Timothy J. Baroody, Assistant City Manager Mark Whitley, City Attorney Kathleen Dooley, Public Works Director Doug Fawcett, Planning Services Director Charles Johnston, Zoning Administrator Michael Craig 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 Sergeant Rashawn Cowles at this evening’s meeting. Proclamation Presented to Karen Hedelt for Her 35 Years of Service With the City of Fredericksburg Economic Development Office 19417 Regular Session 08/09/16 (D16-310). Mayor Greenlaw presented Karen Hedelt a proclamation thanking her for her many years of hard work on behalf of the community, and she wished her and her family the best. Ms. Hedelt stated that she owed her success to her family and co-workers. She was proud to have stayed and served the City for so long and she plans to stay involved in the future. Retired City Manager Beverly Cameron came and presented Ms. Hedelt with the City watch and he thanked her for competency, compassion and common sense. He said the City was better because of her service. Public Hearings Conducted (D16-311 thru D16-314). The regular session was recessed in order to conduct the scheduled public hearings and immediately reconvened upon their conclusion. Citizen Comment. There were no citizen comments at this evening’s meeting. Council Agenda Presented. The following items were presented to Council for discussion. 7A. Dixon Park Pool Name Change – Mayor Greenlaw 7B. Murder Free Fredericksburg – Councilor Frye 7C. CSX Derailment in Virginia – Councilor Frye Dixon Park Pool Name Change (D16-315) – Mayor Greenlaw stated that the Council had received a letter from the Memorial Commission requesting Council change the name of the Dixon Park Pool to the Doris Buffett Pool. Mayor Greenlaw gave a little history on the pool stating that the first discussion of a community pool was discussed in 1940. The pool became a reality in 2006 and Ms. 19418 Regular Session 08/09/16 Buffett made a generous contribution to the City that ensured that all City residents would have access to the pool for the first three years. At the end of the three years, Ms. Buffett again provided a contribution to allow all city residents to continue going to the pool for free and she continues to this day. In 2011, she provided a special swim lesson for city school children in the third grade. In total, Ms. Buffet has contributed more than $470,000 and at the end of this year this will exceed more than a half million dollars. Mayor Greenlaw asked staff to prepare a resolution for the name change for the next Council meeting. Councilor Duffy said this was a great resource for the City and especially the school children. He said throughout his years on the Recreation Commission there had been longstanding discussion of wanting to honor Ms. Buffett and he was glad to see that happening. Murder Free Fredericksburg – Councilor Frye provided an updated that the City continued to be murder free and he noted there had been a couple shootings at the W.L. Harris playground but the City stepped up and turned on the lights in the park. He thanked the City Staff for their assistance with this. CSX Derailment in Virginia – Councilor Frye showed some photos of a train derailment in the Isle of Whyte. He said this was a serious issue that was similar to the City’s issue with trains cars parked on the rails. He spoke with Mr. Marcus from CSX and he was planning to hold a meeting with his counterparts regarding Fredericksburg the next few days. City Manager’s Consent Agenda Accepted for Transmittal as Recommended (D16-316 thru D16-323). Following review and as recommended 19419 Regular Session 08/09/16 Councilor Kelly moved approval of the City Manager’s consent agenda items; motion was seconded by Councilor Devine and passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Withers, Devine, Duffy, Frye and Kelly. Nays (0). • Ordinance 16-19, Second Read, Confirming the City Meals Tax to State Law, and Eliminating the Meals Tax Exemption for Meals Exempt from the Virginia Retail Sales and Use Tax in Response to Virginia Department of Taxation Tax Bulletin 16-3 (D16-316). • Ordinance 16-20, Second Read, Requiring Zoning and Building Official Approval Before a Business License is Issued (D16-317). • Resolution 16-64, Second Read, Amending the Fiscal Year 2017 Budget by Appropriating Fiscal Year 2016 Carryover Funds for Public Works Vehicles (D16-318). • Transmittal of Boards and Commission Minutes o Economic Development Authority – June 13, 2016 (D16-319). o Planning Commission – June 8, 2016 (D16-320). o Potomac & Rappahannock Transportation Commission – June 7, 2016 (D16-321). o Public Transit Advisory Board – April 6, 2016 (D16-322). o Recreation Commission – June 16, 2016 (D16-323). Adoption of Minutes (D16-324 thru D16-325). Vice-Mayor Withers made a change in the July 1 Special Session minutes under the Vice-Mayor vote it was to read 5-0 vote with 1 abstain. Councilor Kelly moved approval of the May 24 & June 28, 2016 Work Sessions, July 1, 2016 Special Session, as revised, July 12, 2016 Public 19420 Regular Session 08/09/16 Hearing and the June 28, July 12, 2016 Regular Session minutes; motion was seconded by Councilor Duffy and passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Withers, Duffy, Ellis, Frye, and Kelly. Nays (0). Appointment to the Fredericksburg Arts Commissions – Alicia Austin (D16-326). After the recorded votes taken, Alicia Austin was appointed to the Fredericksburg Arts Commission with a vote resulting between applicants Alicia Austin, Jon McMillian and Elizabeth Woodford. Austin (6) Councilors Greenlaw, Withers, Devine, Duffy, Frye, Kelly. McMillian (0). Woodford (0). Resolution 16-71, Appointing the City Manager and Commonwealth Attorney to the Community Criminal Justice Board (D16-327). – Councilor Kelly made a motion to approve Resolution 16-71, appointing the City Manager (Timothy Baroody) and Commonwealth Attorney (LaBravia Jenkins) to the Community Criminal Justice Board; motion was seconded by Councilor Devine and passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Withers, Devine, Duffy, Frye and Kelly. Nays (0). Resolution 16-72, Appointing the City Manager to Fredericksburg Area Metropolitan Planning Organization and the Rappahannock Regional Jail (D16-328). – Councilor Kelly made a motion to approve Resolution 16-72, appointing the City Manager to Fredericksburg Area Metropolitan Planning Organization and the Rappahannock Regional Jail; motion was seconded by Vice-Mayor Withers and passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Withers, Devine, Duffy, Frye and Kelly. Nays (0). 19421 Regular Session 08/09/16 Resolution 16-73, Approved, Endorsing a Transportation Project for a Smart Scale Funding Application (D16-329). – After staff presentation Councilor Kelly noted that the amount of money that was available was cut in half in the first round of HB2. He said this was a project that needed to be done but on a smart scale the City was under Classification B and because of those standards it will rank low. He recommended sending Hap Connors a letter advising the importance of the safety. Councilor Kelly made a motion to approve Resolution 16-73, endorsing a transportation project for a Smart Scale Funding application and he requested that the Mayor or City Manager send a letter to the City’s Representative Hap Connors stating the importance of the safety issue; motion was seconded by Vice-Mayor Withers. Councilor Frye said the City needed to hold Lincoln Terminal accountable and see what they would be willing to invest in this. Vice-Mayor Withers reminded Councilor Frye that Lincoln Terminal had proffered money for this project along with the additional foam truck. Councilor Kelly also noted that Lincoln Terminal was not the only fuel company in the area and it may benefit to ask everyone to help with the costs. The motion passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Withers, Devine, Duffy, Frye and Kelly. Nays (0). Resolution 16-74, First Read Approved, Amending the Fiscal Year 2017 Budget in the Amount of $1,175,534 for the Purpose of Financing Rappahannock Regional Solid Waste Management Board Capital Construction Costs and Equipment Purchases (D16-330). – Councilor Kelly made a motion to approve Resolution 16-74 on first read, amending the Fiscal Year 2017 19422 Regular Session 08/09/16 budget in the amount of $1,175,534 for the purpose of financing Rappahannock Regional Solid Waste Management Board capital construction costs and equipment purchases; motion was seconded by Vice-Mayor Withers and passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Withers, Devine, Duffy, Frye and Kelly. Nays (0). Ordinance 16-21, First Read Approved, Expanding Residential Area Parking Permit Zone 6 to Add the Block of Pitt Street Between Caroline and Princess Anne Street (D16-331). Vice-Mayor Withers made a motion to approve Ordinance 16-21, on first read, expanding Residential Area Parking Permit Zone 6 to add the block of Pitt Street between Caroline and Princess Anne Street; motion was seconded by Councilor Devine and passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Withers, Devine, Duffy, Frye and Kelly. Nays (0). Ordinance 16-22, First Read Approved, Expanding Residential Area Parking Permit Zone 7, “The College Heights Parking Zone.” to Add College Avenue (D16-332). Councilor Duffy made a motion to approve Ordinance 16-22, on first read, expanding Residential Area Parking Permit Zone 7, “The College Heights Parking Zone.” to add College Avenue; motion was seconded by Councilor Kelly and passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Withers, Devine, Duffy, Frye and Kelly. Nays (0). City Manager’s Report and Council Calendar (D16-333 thru D16- 334). City Manager Baroody reviewed the Manager’s report and Council Calendar. Activities highlighted on the report were as follows: Police Department Forges Strong Relationship with City Youth, Police Department Builds Character in Young Men, 19423 Regular Session 08/09/16 Cyclists Overnight in Fredericksburg During Two-Day Tour, Agritourism Business Benefits From New Program, Directional Signs Up at Industrial Park, EDT Welcomes Two Gaming Conventions to Expo, Badges for Baseball and Building Statistics. Adjournment. There being no further business to come before the Council at this time, Mayor Greenlaw Declared the meeting officially adjourned at 9:14 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 19424 Regular Session 08/09/16 19425