City Council

Public Hearing 01/24/17 CITY OF FREDERICKSBURG, VIRGINIA HON. MARY KATHERINE GREENLAW, MAYOR CITY COUNCIL HON. WILLIAM C. WITHERS, JR., VICE -MAYOR, WARD TWO HON. KERRY P. DEVINE, AT-LARGE HON. MATTHEW J. KELLY, AT-LARGE HON. BRADFORD C. ELLIS, WARD ONE HON. DR. TIMOTHY P. DUFFY, WARD THREE Council Chambers, 715 Princess Anne Street HON. CHARLIE L. FRYE, JR., WARD FOUR Fredericksburg, Virginia 22401 January 24, 2017 The Council of the City of Fredericksburg, Virginia, held a public hearing on Tuesday, January 24, 2017, beginning at 7:33 p.m. in the Council Chambers of City Hall. City Council Present. Mayor Mary Katherine Greenlaw, Vice-Mayor William C. Withers, Jr. and Council members Kerry P. Devine, Dr. Timothy P. Duffy, Bradford C. Ellis, Charlie L. Frye, Jr. and Matthew J. Kelly. Also Present. City Manager Timothy J. Baroody, Assistant City Manager Mark Whitley, Assistant City Manager Doug Fawcett, City Attorney Kathleen Dooley, Budget Manager Deidre Jett, Community Planning and Building Development Director Charles Johnston, Historic Resources Planner Kate Schwartz, Fiscal Affairs Director Clarence Robinson and Clerk of Council Tonya B. Lacey. Notice of Public Hearings (D17-15 thru D17-18). The Clerk read the notice of the public hearings as they appeared in the local newspaper, the purpose being to solicit citizen input. Resolution 17-05, First Read Approved, Amending the Fiscal Year 2017 Budget for a Re-Appropriation for the Fredericksburg City Public Schools in the Amount of $1,693,248 (D17-15 thru D17-18). No speakers. After staff presentation Councilor Kelly made a motion to approve Resolution 17-05, on first read, amending the Fiscal Year 2017 budget for a re-appropriation for the 19549 Public Hearing 01/24/17 Fredericksburg City Public Schools in the amount of $1,693,248; motion was seconded by Councilor Devine. Councilor Duffy disclosed that he was a member of a business, occupation or group of three or more members affected by the transaction, namely he is an employee of the Fredericksburg Public School System. Councilors Ellis and Frye disclosed that their spouses were members of a business, occupation or group of three or more members affected by the transaction, namely they are employees of the Fredericksburg Public School System. The motion passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). Motion to Suspend the Rules. In order to place Resolution 17-05 on for second read Councilor Kelly moved to suspend the rules; motion was seconded by Councilor Devine and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). Resolution 17-05, Second Read Approved, Amending the Fiscal Year 2017 Budget for a Re-Appropriation for the Fredericksburg City Public Schools in the Amount of $1,693,248. Councilor Kelly made a motion to approve Resolution 17-05, on second read, amending the Fiscal Year 2017 budget for a re- appropriation for the Fredericksburg City Public Schools in the amount of $1,693,248; motion was seconded by Councilor Devine and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). Adjournment. There being no more speakers to come before the Council at this time. Mayor Greenlaw declared the hearing officially adjourned at 7:35 p.m. 19550 Public Hearing 01/24/17 Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 19551 Public Hearing 01/24/17 [This page intentionally left blank.] 19552 Regular Session 01/24/17 CITY OF FREDERICKSBURG, VIRGINIA HON. MARY KATHERINE GREENLAW, MAYOR CITY COUNCIL HON. WILLIAM C. WITHERS, JR., VICE -MAYOR, WARD TWO HON. KERRY P. DEVINE, AT-LARGE HON. MATTHEW J. KELLY, AT-LARGE HON. BRADFORD C. ELLIS, WARD ONE HON. DR. TIMOTHY P. DUFFY, WARD THREE Council Chambers, 715 Princess Anne Street HON. CHARLIE L. FRYE, JR., WARD FOUR Fredericksburg, Virginia 22401 January 24, 2017 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, January 24, 2017, beginning at 7:30 p.m. in the Council Chambers of City Hall. City Council Present. Mayor Mary Katherine Greenlaw, Vice-Mayor William C. Withers, Jr. and Council members Kerry P. Devine, Dr. Timothy P. Duffy, Bradford C. Ellis, Charlie L. Frye, Jr. and Matthew J. Kelly. Also Present. City Manager Timothy J. Baroody, Assistant City Manager Mark Whitley, Assistant City Manager Doug Fawcett, City Attorney Kathleen Dooley, Budget Manager Deidre Jett, Community Planning and Building Development Director Charles Johnston, Historic Resources Planner Kate Schwartz, Fiscal Affairs Director Clarence Robinson 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 Auxiliary Officer Joseph Porter at this evening’s meeting. Public Hearings Conducted (D17-15 thru D17-18). The regular session was recessed in order to conduct the scheduled public hearings and immediately reconvened upon their conclusion. 19553 Regular Session 01/24/17 Citizen Comment. There were no speakers who participated in the citizen comment portion of this evening’s meeting. Council Agenda Presented. The following items were presented to Council for discussion. 7A. FRED Bus Stop Benches – Councilor Frye FRED Bus Stop Benches – Councilor Frye thanked the FRED and Public Works Departments for placing more benches at the FRED bus stops. At the end of 2016 there were five to six new benches installed. He also noted that once the work on Fall Hill Avenue is completed they would evaluate where to place more benches. City Manager’s Consent Agenda Accepted for Transmittal as Recommended (D17-19 thru D17-26). Following review and as recommended Councilor Kelly moved approval of the remainder of the City Manager’s consent agenda items; motion was seconded by Councilor Duffy and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). • Transmittal of FRED Progress Report – 3rd & 4th Quarter 2016 and Fiscal Year 2016 Year End Report (D17-19). • Resolution 17-06, Initiating Amendments the Unified Development Ordinance Article 6, “Nonconformities,” to Permit the Rebuilding of Existing Electric Power Transmission Lines (D17-20). • Resolution 17-07, Initiating Amendments to the Sign Regulations in the Unified Development Ordinance to Conform to the United States Supreme Court Decision in Reed v. Town of Gilbert (D17-21). • Transmitting Boards and Commission Minutes 19554 Regular Session 01/24/17 o Architectural Review Board – November 14, 2016 (D17-21.1). o Architectural Review Board – December 12, 2016 (D17-22). o Clean and Green Commission – November 7, 2016 (D17-23). o Clean and Green Commission – December 5, 2016 (D17-24). o Economic Development Authority – November 14, 2016 (D17-25). o Potomac and Rappahannock Transportation Commission – December 1, 2016 (D17-26). Adoption of Minutes (D17-27 thru D17-29). Councilor Ellis moved approval of the September 20, 2016 Work Session, October 14 & 15, 2016 Council Retreat, October 25, 2016 Work Session and the January 10, 2017 Public Hearing and Regular Session minutes; motion was seconded by Councilor Devine and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). Resolution 17-09, Accepting Streets into the City Street System and Petitioning the Virginia Department of Transportation to Accept the Streets into the State Urban Street System (D17-30). After a brief presentation Councilor Kelly made a motion to approve Resolution 17-09, accepting streets into the City Street System and petitioning the Virginia Department of Transportation to accept the streets into the State Urban Street System; motion was seconded by Vice-Mayor Withers and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). Quarter End Financial Results – Fiscal Year 2017 (July 1, 2016 – December 31, 2016 (D17-31). Fiscal Affairs Director Robinson presented the quarterly 19555 Regular Session 01/24/17 report to Council and solicited questions. The report reflected the City’s FY 2017 financial activities for the mid-year period. The report reflects that both revenues and expenditures were in a favorable position. The General Fund revenues had increased 4.55% from FY 2016 to FY 2017. Over all the General Fund expenditures hand transfers to other funds during this period reflected a decrease of 2.69% from the comparable period expenditure amount in FY 2016. Resolution 17-09, Authorizing the City Manager to Execute an Order by Consent with the State Water Control Board Related to the City’s Wastewater Collection and Treatment System and Authorizing Related Expenditures (D17-32). After a brief presentation and some discussion Councilor Kelly made a motion to approve Resolution 17-09, authorizing the City Manager to execute an Order by Consent with the State Water Control Board Related to the City’s wastewater collection and treatment system and authorizing related expenditures; motion was seconded by Vice-Mayor Withers and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). Resolution 17-10, Affirming the Architectural Review Board Decision Granting a Certificate of Appropriateness with Conditions, for the Replacement of Four Windows on the Front Elevation of 1207 Charles Street (D17-33 thru D17-34). Historic Resources Planner Schwartz presented the appeal and stated that the applicant was appealing the decision of the Architectural Review Board on December 12, 2016 for the replacement of four (4) windows at 1207 Charles Street with the condition that the windows replacement be constructed of wood with true divided lights. The applicant proposed to replace the glass with a fiberglass simulated divided light 19556 Regular Session 01/24/17 window and they were seeking to overturn the condition placed on the Certificate of Appropriateness. The ARB agreed that the request for replacement of the windows meet the applicable standard due to the deterioration of the windows and the infeasibility to repair the windows. The Council was asked to consider the appropriate window replacement product. The applicable standard states that new materials should match those being replaced in “composition, design, color, texture and other visual qualities”. Ms. Schwartz added that in general, replacement windows could not provide an exact match to historic windows due to changes in materials quality and production. The ARB determined that using a new window with the same material composition with some varying characteristics would better preserve the architectural integrity of the building. The Board voted unanimously to approve the condition to replace with wood windows and true divided lights. Staff recommended replacement with fiberglass units because those materials were commercially available when the building was constructed and it provided visual characteristic more similar to the original. Mayor Greenlaw clarified that the staff recommendation would support replacing the windows with the same fiberglass windows that were approved for the sides and back of the building. Vice-Mayor Withers asked if the rational for approving fiberglass windows on the other windows was because they were not readily seen and Ms. Schwartz explained that was part of the decision but not the only reason. Ms. Schwartz noted that the fiberglass windows were readily available when the building was constructed in 1966. Mr. Withers said they may be similar but look very different as you drive down the street. He also asked if the quality of 19557 Regular Session 01/24/17 the window in 1966 was similar to what it is today and Ms. Schwartz explained that she would think the ones today were better. Councilor Ellis said the fiberglass windows were clearly different from the wood but he said they look better. He asked if the fiberglass was more efficient and Ms. Schwartz said there were some impacts on new windows. Councilor Ellis also asked if fiberglass would last longer and he asked whether wood was available. Ms. Schwartz said not longer than a traditional wood window but it would last just as long as a new wood window. She also said the wood window was available but the debate was between material and visual integrity. Neither of the option available were an exact match to the existing windows so the question was which preserves the visual integrity of the building. Councilor Kelly asked if the issue of finances was brought up. Ms. Schwartz said it was and a wood window was a bit more expensive. Councilor Kelly said this building was in the historic district and he said the Council needed to be careful in the decision because the original windows were wood. He said wood windows would make the windows look more like the originals. Ms. Schwartz said that was subjective because neither of the windows look like the originals. Vice-Mayor withers asked if the standard apply the same to the 1960 building as it does to a 1850 building and Ms. Schwartz said yes, it does not matter the age. However, the status was most recent evaluation by the Department of Historic Resources that this building was considered non-contributing to the historic significance of the City. Councilor Duffy asked for clarification on the balance of the visual characteristics and the material specifically the visual characteristics of the muntins on both windows. Ms. Schwartz explained the muntins on the wood windows were much larger than the muntins on 19558 Regular Session 01/24/17 the fiberglass windows. The wood muntins were 7/8 inch thick and the fiber glass windows are 1-1/8 inches thick, which was visually closer to the original look. Councilor Ellis said the purpose of the historic district was to preserve the history and historic structures but he asked what was historic and Ms. Schwartz said all fabric play a role in shaping the City and culture from the buildings to the mundane shape, the character of the district. The district continues to grow and change and the goal was to manage it as best as possible. Elaine Farmer, representative for 1207 Charles Street, she was joined by her husband Emory Farmer who could answer more of the technical questions. Ms. Farmer said they originally went to the ARB at the October meeting for side windows. She said Ms. Schwartz was instrumental in providing information but she noted that the ARB did not have a window policy, such as the window policy that the City of Alexandria had for their historic district. She added that the City of Alexandria does recognize fiberglass windows as they were available in that period. Ms. Farmer said it was important to know that the windows could not be repaired and the ARB recognized that. Ms. Farmer said the building was not a contributing building to the historic district and the new windows looked better. She reiterated that the fiberglass windows was a material that was available during the construction of the building. Ms. Farmer also noted that there was a lot of discussion on the muntin profile and the existing windows have a slender muntin, more similar to the fiberglass window. The wood window muntins were much larger. She also noted that the current windows were made of old growth wood and the new windows were made of new growth wood and they rot quicker than the old growth wood windows. Ms. Farmer said they looked at the Colby wood windows and they only had a ten (10) year warranty so they decided against them because 19559 Regular Session 01/24/17 there were many lawsuits against them because of rotting issues. She said they would prefer to install the fiberglass windows because they have a lifetime warranty and she did not know where to find wood windows that would match appropriately. Vice-Mayor Withers noted that it was rare for the ARB to vote unanimously on anything and he said he thought they did everything they could to work with the applicant and he said he would have to support the Board. He said the fiberglass windows were a different look. Ms. Farmer said part of the problem was that there was no clear policy and she noted that there was a motion to approve the fiberglass windows but it didn’t receive a second and Mr. Harris, the chair, wanted to second it but could not because he was the chair. Vice-Mayor Withers said the Board compromised by allowing the fiberglass on the sides and the back but this was the historic district and the look needed to remain the same. Councilor Kelly remarked on the comment made by Ms. Farmer that the City did not have a window policy, he said there is a strict policy that the ARB has been enforcing on all aspect of the buildings such as materials, quality, conform, type and size. He took issue with the applicant saying because we did not have a window policy that it was causing confusion. The replacement of materials usually happen if there was some sort of financial hardship or the materials were not available. He said this was not something to be used as a convenience. Councilor Kelly said the wood windows are in line with all the other windows along the street and in order for him to allow substitute materials he would have to see some sort of hardship or that the materials are not available. Ms. Farmer said sourcing the windows was the problem, she was not sure where to get them. She said she did not want to purchase windows that may need replacing in 10 years and she added that the muntins size was also very different in the wood windows and visually they would cause a discrepancy. 19560 Regular Session 01/24/17 Councilor Ellis asked if the ARB had provided the applicant with a place to source the windows and Ms. Farmer said someone mentioned the Colby window and she told informed them of the issues with the Colby windows rotting. The Marvin window was not true divided lights and that is what the ARB told her they had to have. Councilor Ellis said he was also struggling with the other visual quality of the muntin and he said that was a hardship because she could not find the right size muntins. Councilor Frye asked what the rationale for allowing the fiberglass windows on the other sides of the building and Ms. Schwartz explained that because they were secondary elevations that played a role in the approval and they were less of a defining feature than the front elevation. Councilor Frye thought that was conflicting. Mr. John Harris, 728 Lee Avenue, Chair of Architectural Review Board, read a statement on behalf of the ARB and said that when the application came to them initially in October 2016 they discussed at length the state of the existing windows. He said they noted that the applicants proposed fiberglass window replacement was a high quality product from a reputable manufacturer and would match the existing light patterns and profiles. Mr. Harris said the ARB recognized years ago the building was characterized as a non-contributing structure in the district but said if an up to date survey was conducted it would likely be considered contributing. The ARB found the wood windows to be character-defining features. Mr. Harris said they determined that the use of fiberglass windows did not conform to Standard 2, Standard 5 or standard 6. In the interest of granting the applicant’s window replacement requests, they came up with a reasonable compromise. They voted to allow replacement of the side and rear windows, which are not readily visible from the public right- of-way with fiberglass. They encouraged the applicant to repair the windows on the front façade. 19561 Regular Session 01/24/17 The applicant returned to the ARB in November 2016 and asked to replace the windows on the front façade with fiberglass units. The ARB discussed a variety of options for repair and the applicant insisted that none of the repair options were possible and or acceptable. They discussed the replacement of the existing windows with new wood windows because the guidelines were explicit on replacement materials and the eight-over- eight wood double hung sash units were a critical character defining feature of the building. Despite the earlier compromise the ARB voted unanimously that the fiberglass did not conform to the guidelines. The applicant returned a third time to the ARB in December 2016 with their desire to install fiberglass windows. The applicant continued to narrow their window selection to fiberglass and wood was not an option. The ARB determined that material authenticity was important and if the insulated glass option was desired by the applicant that the wider muntins would be acceptable. The wider profile muntins allowed the windows to be viewed as replacement units. The ARB unanimously agreed that the use of fiberglass did not meet three of the standards. Vice-Mayor Withers asked Mr. Harris if the ARB offered window options and Mr. Harris said they offered several but could not remember those that were offered. Vice-Mayor Withers thought this was a good compromise and he hoped the Council would support the ARB’s 6-0 vote. Councilor Duffy said he understood the desire to replace like with like but said it was hard to overcome the desire to replace a slimmer muntin with a wider muntin because it would look very different from the original. Mr. Harris explained that it was no different than replacing a door if you could not find the exact door, it would be replaced with a door that was similar. 19562 Regular Session 01/24/17 Kerri Barile, ARB board member said she believed the original builder used wood windows to emulate the buildings around it and that was the reason they chose to go with wood. Councilor Devine said she did not see any hardship and she appreciated the compromise the ARB had given the applicant. She added that fiberglass was clearly different. Councilor Ellis said he was struggling with two issues the first being the applicant’s difficulty in sourcing the windows and second was the compromise the Board made by allowing the fiberglass windows on the side and back of the building. He said if preservation of material was so crucial the standard should have been applied to every window. Mr. Harris explained that the front of the building was the character defining portion of the building. He said the ARB only has jurisdiction on what is seen from the right-of-way and he said they may have made a mistake but the character defining portion was the front of the building. Councilor Ellis said maybe the City Council needed to look at the purview of the ARB because if they were worried about preserving they must not only look at what is seen from the right-of-way. Councilor Kelly reminded the Council that at their retreat they were going to set the bar for historic preservation. He said they needed to stop looking at this as a 1960’s building and start looking at it as a building in the historic district with a window issue. He said there was no hardship. He said the ARB was doing as they were asked by the City Council and that was to compromise with the applicant. He also said there were companies that work with maintaining the historic character of buildings. He said the ARB made the right decision. Mayor Greenlaw said anytime the Council finds itself in the middle of a Board’s decision it is difficult. She stated that a significant part was the 8 over 8 wood window and 19563 Regular Session 01/24/17 that was a defining feature and she believed the fiberglass windows more closely resembling those windows. She did not think the wood windows matched the existing windows well. Councilor Devine made a motion to approve Resolution 7-10, affirming the Architectural Review Board decision granting a Certificate of Appropriateness with conditions, for the replacement of four windows on the front elevation of 1207 Charles Street; motion was seconded by Councilor Kelly. Councilor Ellis stated that he was in support of only wood windows, on any building, in the historic district on any building including this one. He said it had become clear to him at this meeting therefore he would abstain from the vote. The motion passed by the following recorded votes. Ayes (4). Councilors Withers, Devine, Duffy and Kelly. Nays (2). Councilors Greenlaw and Frye. Abstain (1). Councilor Ellis. City Manager’s Report and Council Calendar (D17-35 thru D17-36). City Manager Baroody reviewed the Manager’s report and Council Calendar. Activities highlighted on the report were as follows: Citizens Invited to Participate in Parking survey, Restaurant Week Continues Through January 22, Westbound Fall Hill Avenue Overpass to Partially Open on Thursday, Economic Impact of Historic Half, Virginia Economic Development Partnership Team Visits City, Police “Open” Little Free Library, Technical Budget Amendment Changing School Capital Fund for Original Walker Grant School Renovation, Downtown 31 Event Summary and Building Statistics Reports. Adjournment. There being no further business to come before the Council at this time, Mayor Greenlaw declared the meeting officially adjourned at 9:09 p.m. 19564 Regular Session 01/24/17 Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 19565 Regular Session 01/24/17 [This page intentionally left blank.] 19566