City Council

Public Hearing 06/11/13 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 June 11, 2013 The Council of the City of Fredericksburg, Virginia, held a public hearing on Tuesday, June 11, 2013, beginning at 8:22 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, City Attorney Kathleen Dooley, Assistant Director of Economic Development Richard Tremblay, Planning Director Chuck Johnston, Senior Planner Erik Nelson, Community Development Planner Marne Sherman, Public Works Director Doug Fawcett and Clerk of Council Tonya B. Lacey. Notice of Public Hearings (D13-232 thru D13-236). The Clerk read the notice of the public hearings as they appeared in the local newspaper, the purpose being to solicit citizen input. Resolution 13-48, Approved, Authorizing Application for 2014 Virginia Enterprise Zone Program Designation (D13-232 thru D13-233). – no speakers. Upon a motion and as recommended Councilor Devine moved to approve 18249 Public Hearing 06/11/13 Resolution 13-48, authorizing application for 2014 Virginia Enterprise Zone Program designation; motion was seconded by Councilor Paolucci. Councilor Kelly stated that he would like to have a discussion on the way incentives are handled in the City. The motion was approved by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Ellis, Devine, Howe, Kelly, Paolucci and Solley. Nays (0). Resolution 13-49, Approved, Granting a Special Use Permit to Linda Fagan Sealy Holdings, LLC and Frank Sealy Holding LLC for a Freestanding Sign on Property Located at 2017 Lafayette Boulevard (D13-234) – no speakers. After a few brief comments Councilor Howe moved to approve Resolution 13-49, granting a special use permit to Linda Fagan Sealy, Holding, LLC and Frank Sealy Holdings, LLC for a freestanding sign on property located at 2017 Lafayette Boulevard; motion was seconded by Councilor Paolucci and approved by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Ellis, Devine, Howe, Kelly, Paolucci and Solley. Nays (0). Ordinance 13-10, First Read Approved, Designating Property Owned by Micah Ecumenical Ministries – Residential Recovery Program, LLC, Located at 1512 Princess Anne Street as Exempt from Real Estate Taxation (D13-235 thru D13-236) – 1 speaker. Mayor Greenlaw stated that she was the Chair of the Mary Washington Hospital Foundation who has approved a grant for Micah Ecumenical Ministries, but she was able to participate fairly in the discussion. 18250 Public Hearing 06/11/13 Meghan Cotter, Director of Micah Ecumenical Ministries, explained their program and they offer a respite care program that provides short-term housing for terminally ill or recovering homeless individuals who have been discharged from the hospital. They served 110 people last year. She added that the $3,000 in savings from the taxes could cover the cost of prescriptions for the year or cover the cost of transportation for the clients to go to doctor’s appointments. Councilor Howe stated that the City has limited resources and he felt it was the City’s responsibility to take care of its citizens, but not those that live outside the City. He was also interested in knowing why the Mary Washington Hospital Foundation (MWHF) couldn’t support this $3,000 tax bill. Ms. Cotter explained that MWHF does their share by contributing $130,000. She also offered that Council take a look at their cost analysis they had done. Councilor Howe felt this would set a precedence that they City could not afford to do for everyone. Councilor Kelly stated that this was a policy on the books and the City has to follow the policy. He said Micah has met the criteria and they qualify. He agreed there needed to be more regional talks on this issue. Upon a motion and as recommended Councilor Kelly moved to approve Ordinance 13-10 on first read, designating property owned by Micah Ecumenical Ministries – Residential Recovery Program, LLC, located at 1512 Princess Anne Street as exempt from real estate taxation; motion was seconded by Councilor Devine Councilor Ellis agreed that the City should not have to take on the expense of paying for those that are not City residence, but he added that this is a noteworthy 18251 Public Hearing 06/11/13 program that gets people off the streets. He said each of these cases needed to be looked at on a case by case basis. The motion was 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 8:50 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 18252 Regular Session 06/11/13 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 June 11, 2013 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, June 11, 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, City Attorney Kathleen Dooley, Assistant Director of Economic Development Richard Tremblay, Planning Director Chuck Johnston, Senior Planner Erik Nelson, Community Development Planner Marne Sherman, Public Works Director Doug Fawcett and Clerk of Council Tonya B. Lacey. Opening Prayer and Pledge of Allegiance. Council was led in prayer by Councilor Frederic N. Howe, III, followed by the Pledge of Allegiance led by Mayor Mary Katherine Greenlaw. Officer Recognized. Mayor Greenlaw recognized the presence of Officer John Fesq at this evening’s meeting. Citizen Comment. The following speakers came forward to participate in the citizen comment portion of this evening's meeting. 18253 Regular Session 06/11/13 James Kyle Snyder, 1009 Featherston Court, spoke in favor of the work that has been done at 314 William Street and he encouraged Council to reverse the Architectural Review Boards (ARB) decision. Charles Griner, 48 Paul Hill Road, 22405, spoke highly of the Bethem’s and their establishment and he asked Council to reverse ARB’s decision. Tim Brown, 1616 College Avenue, said he had invested in a couple of properties in the City and he urged Council to move forward with the baseball stadium. Marco Levine, 1301 College Avenue, spoke in favor of a baseball stadium. Lisa Welsh, 630 Pelham Street, said it would be wonderful to have a stadium in the City. This is a great way to get families together. Christi Carver, 900 Brompton Street, spoke against the baseball stadium. She encouraged Council to look at the Comprehensive Plan and follow the goals set out in the plan. Adrian Martinez, 1301 College Avenue, stated that he fell in love with the City when he came here for school, but most things close at 8:00 p.m. and there isn’t much night life and he felt the baseball stadium would be a great opportunity to bring a family outing to the City. Jim Nelson, 11 Lawrence Lane, 22405, came in support of the Bethem’s on their appeal and he asked that the ARB’s decision be reversed. He also said he would like to see a baseball stadium here and he thanked the City on the efforts of the Heritage Trail. Janae Peckler, 1410 Prince Edward Street, spoke in favor of affirming the ARB’s decision at 314 William Street. She said process matters and she thanked the members for their hard work. She was concerned that the contractor did not explain the 18254 Regular Session 06/11/13 necessary procedures. Ms. Peckler was concerned that recoating deteriorating brick may cause more damage. She urged Council to value the concerns of the ARB and uphold their decision. Frederick Heller, 11227 North Club Drive, the conctractor at 314 William Street, stated that the original fabric of the building was stucco from the ground up in the 1950’s. He encouraged Council to come and look at the building inside and out. He said he has been refacing buildings in Fredericksburg for over 25 years. He said the work that was done on the building was done to preserve the front of the building because there was so much decay and it was unsalvageable. He said by covering the bricks over it would help the life of the bricks. Sean Maroney (D13-229), HFFI Executive Director, 3004 Normandy Avenue, stated that the owners made an honest mistake and their intent was not to undermine the ARB review process. He offered the services of HFFI if they were needed. (See D13- 229 for more information). Tom Byrnes, 209 Fauquier Street, stated that he has been working with the baseball opportunity since it presented itself months ago. He added that this would be a great accomplishment for the City and he encouraged Council to get behind this opportunity. In regards to 314 Williams Street, Vivify Restaurant, he asked/urged Council to let common sense be their guide. He felt they made the right decision to remoter over the damaged bricks with the materials that were already approved for the lower portion of the building. He said it was just a process error and it should not be taking up the time it has. Bill Beck (D13-230), 707 Caroline Street, spoke in regards to 314 William Street, 18255 Regular Session 06/11/13 the Bethem’s Restaurant. He said they have the type of business to be proud of and he did not want anything to keep them from moving forward with their plans, but he said the ARB was not wrong to say they needed to follow the rules. He mentioned another project that did a similar thing but the applicant was the City itself with the material being used for a sign. He distributed a letter to Council that he and several others sent to the City Manager in 2011 and in that letter they were requesting the City hire a full-time preservationist to prevent these types of problems. GM. Haney (D13-231), 1702 College Avenue, spoke in regards to taxi meters. Mr. Haney encouraged Council to reconsider the meter issue. He said there was an overwhelming majority in favor of meters. (See D13-__ for more information). Brooke Farquhar, 117 Madison Avenue, 22405, requested that Council reverse the decision of the ARB on behalf of the Bethem’s at 314 William Street. James Pates, 2010 Fall Hill Avenue, spoke in regards to 314 William Street. He stated that he did not think City Council should be hearing the appeal. He felt this was a zoning enforcement case and the Zoning Officer should be reviewing it. Xavier Richardson, Executive Vice-President of Mary Washington Healthcare (MWHC) and President of MWHC’s Two Foundations. Spoke on behalf of Micah Ministry’s tax exempt application. He spoke highly of the program and the work they are doing in the community. He said they provide respite service to the homeless population and they have partnered with them since opening a few years ago. He said they are worthy of exemption because they share a great responsibility in the community. Public Hearings (D13-232 thru D13-236). The regular session was 18256 Regular Session 06/11/13 recessed in order to conduct the scheduled public hearing and immediately reconvened upon their conclusion. Resolution 13-50, Approved, Reversing the Architectural Review Board Decision to Deny a Certificate of Appropriateness for Façade Improvements at 314 William Street (D13-243 thru D13-245). Senior Planner Nelson presented the appeal to Council and stated that the materials of the property were not its character defining features and that the building form was its defining character so he did not feel the stucco compromised its historic integrity. He also added that it was not feasible to remove the stucco without damaging the underlying material. Councilor Howe questioned whether the item was a violation that should have been handled by staff or should legal action be taken. Mr. Nelson explained that it would depend on the outcome of the appeal. If City Council upholds the ARB’s decision than it may go to court, but if Council overturns the decision then it’s final. City Attorney Dooley expounded stating that the only question Council has to consider is whether the work complies with the City’s standards for exterior alteration in the historic district. She explained that the question of enforcement is not before Council. Councilor Solley asked for an explanation on how ARB decides they are going to review something that is an actual zoning violation. Mr. Nelson explains that if there is something that has occurred out of the Boards review he would bring it to their attention. If it looks like it could be or should be approved then they will decide and take on the issue approve it and allow for the certificate of occupancy to be approved. He said he tells the Board that they are not obligated to review a violation if it’s after the fact and 18257 Regular Session 06/11/13 they can leave it for enforcement. Councilor Solley asked if there was a policy on violations. Mr. Nelson explained that everything is looked at on a case by case basis and if ARB decides not to hear a case then it’s a violation and it’s followed up by the zoning administrator. Councilor Kelly stated that he could not find in the Historic Preservation handbook anything related to appeals and decisions nor could he find it in the City Code. He said nothing gives the ARB the right to review a decision already made. He added that because of this now the applicant does not have a Certificate of Appropriateness (COA) and he doesn’t understand why this didn’t go to the zoning administrator as a violation. His concern was that the applicant cannot get a certificate of occupancy without the COA. Planning Director Johnston clarified that the ARB did not revoke the COA. He said the applicant did something different than what was approved on the COA. He said the applicant did not ask ARB to change its criteria or the ordinance they asked ARB to reconsider how they applied the ordinance in their case, but was declined by the Board, but the COA was left in place as it was which made it appealable to City Council. If Council decides to uphold the ARB’s decision then staff would moved forward with the code enforcement process, but if Council decides to modify the COA then the violation would be removed. Aby Bethem, applicant, explained that the ARB approved plans for the renovations included: stucco for the lower portion of the façade and work to uncover and to expose the existing brick portion on the top band of the building. She said her senior mason attempted to remove the existing mortar, but the removal of the existing mortar caused the bricks underneath to fall apart. The bricks were so eroded that you could put 18258 Regular Session 06/11/13 your finger through them. The mason advised her that the existing mortar could not be removed without damaging the existing bricks and the structural integrity of the wall. Ms. Bethem stated that because the stucco material was approved for the lower portion of the façade they assumed the material was permitted for the upper portion of the façade. She added that they have spent countless hours and thousands of dollars in the interior to preserve the brick, but the exterior brick could not be salvaged. She said they did not remove or alter “any historical material or distinctive architectural features.” Ms. Bethem agreed that they failed to obtain permission from ARB to use an approved material on a portion of the façade. She said she wished they had understood the process better, but it was an innocent mistake that has caused time, expense and turmoil. She asked Council to overturn the ARB denial of the COA based on the facts of the case and the recommendation of the planning office. (For the full statement see D13-244). Kerri Barile, Vice-Chair of the ARB spoke on behalf of the Board. She stated that the ARB made a good faith decision based on information presented to them, and they asked that Council stand by their denial of the COA based on these facts. There were two distinct issues to this case: one, the modification of a character defining feature of the building as defined in the architectural guidelines and the question of whether or not the applicants followed the prescribed review and approval process. In regards to significance, in their recent May 2013 COA application, the owners requested to apply stucco to an unpainted brick parapet which was denied because the prick parapet was a character-defining feature of the building. Ms. Barile noted that their guidelines have specific language about the treatment of brick, such as: “removing or radically changing masonry features will diminish a building’s character”. She said the ARB has rejected 18259 Regular Session 06/11/13 applications in the past where a property owner has requested to coat brick. In reviewing the treatment of the parapet at 314 Williams Street, they found that coating the brick would not conform to three of the ten standards outlined in their Guidelines. Ms. Barile said this case should be based on compliance with City guidelines and the COA process and the COA was denied because exterior alterations were made that did not conform to the City’s Historic District guidelines and the review process was not followed. The ARB respectfully requested that Council affirm their decision to deny the COA for the application of stucco to the parapet at 314 William Street. (For the full statement see D13-245). Councilor Howe clarified staff’s recommendation that the brick was not a character defining issue and Mr. Nelson said that was correct that the building was not the brick. He also what steps staff would take if the violation was sent back to them and Mr. Nelson said he would treat it as a violation and follow through on it with the courts and let the Judge decide. City Attorney Dooley explained that the City makes informal contact with the applicants and ask them to make the necessary changes to put them in compliance and she said that’s what the applicant did when they went back to the ARB for approval of the work they had done. She also explained that if City Council affirms the ARB decision she would advise staff to provide the applicant with a written letter asking them to make steps necessary to remedy the situation in a specific time period and if it’s not remedied then it would go to court. Councilor Paolucci asked for further clarification on the steps that could be taken and City Attorney Dooley added that the applicant also has the option of appealing to the 18260 Regular Session 06/11/13 Court and requesting approval of the COA. Councilor Paolucci also asked Ms. Barile what other options the applicant had since the stucco is irreversible. Ms. Barile said if they had come to the ARB first they could have been given options to a reversible solution. She also asked why ARB did not follow-up with the applicant and ask what they plan to do if they were not able to repair the brick. Ms. Barile stated that the ARB is only allowed to comment on what’s on the application and the application stated they would clean and repoint the brick. Ms. Barile stated that in most cases, if an applicant determines what was approved by ARB could not be done they come back to ARB for approval of something else. Ms. Paolucci stated that applicants should be informed that if something does not work that was approved by the ARB the applicant needs to return for approval of any changes. Ms. Barile agreed, but felt that was something staff should be doing. Ms. Paolucci disagreed stating this is something the ARB should be doing. Vice-Mayor Ellis asked the City Attorney whether this is a zoning violation or a guideline violation. Ms. Dooley explained that the zoning ordinance e states there will be no alterations in the Historic District without a COA and what happened was that the exterior was altered without a COA and that’s what caught staff’s attention. The applicant attempted to remedy the situation by requesting a revised COA and staff stated it was appropriate and ARB disagreed. Councilor Solley stated that everyone has something to learn from this whole ordeal he added that based on the minutes the ARB spent more time dealing with the fact that the applicant was in violation then they did discussing what was compatible. He said the case before council is whether the alterations meet the Secretary of Interior Standards and he added that if the stucco was appropriate for the bottom portion he would think it 18261 Regular Session 06/11/13 was acceptable for the rest of the building. Councilor Devine stated that one of the issues is placing precedence on act first and ask forgiveness later and she didn’t think that’s what happened. She said it appears they attempted to follow the process, but wrongly assumed that what was approved for the lower portion would be appropriate for the rest of the façade. Councilor Devine agreed with Councilor Paolucci that it needed to be made clear to the applicants that if something is approved and it doesn’t work the applicant needs to return for approval of something different. She also noted that it is difficult for applicants to be clear when staff and the ARB are divided on what should happen. She added that historic preservation is important downtown and she wouldn’t want to see any structures permanently impaired. She feels the process is where the problem occurred and not intentions of the applicant and based on staffs comments she didn’t think it was too grievous to leave it as it is. Councilor Howe said it’s obvious the City Council takes this matter serious because Council respects the decisions of its board members. He asked Ms. Barile to restate her closing statement to be clear on expectation. Her statement read as follows “If it is the Council’s majority vote to overturn the ARB decision, we ask that Council clarify that the basis for their decision is not whether or not the ARB properly implemented City Code. Rather, their decision is based on the appeal of a business owner who has a desire to open a business to our City.” Councilor Kelly made a statement that every time a change is made to properties in the Historic District a piece of the historic character disappears. He said there seems to be a problem with consistency of applying the rules as well as staff having a difference of opinion than that of the ARB. He said enforcement needed to be dealt with and it would 18262 Regular Session 06/11/13 be great if the City could hire a preservationist, but he feels the City has some of the best working here. He agreed that there was a violation, but it does not rise to the level of not allowing the business to open. Vice-Mayor Ellis applauded the applicants on their efforts of opening another restaurant in downtown Fredericksburg and he believed the work was not done in a malicious attempt. He said a mistake was made, but the building looks exceptionally better since the work has been done. Upon a motion and as recommended Councilor Solley moved to approve Resolution 13-50, reversing the Architectural Review Board decision to deny a Certificate of Appropriateness for façade improvements at 314 William Street; motion was seconded by Councilor Paolucci. Councilor Howe asked to amend the motion to state that it was with the understanding that turning over the decision was based on opening the business not that ARB didn’t do their job. City Attorney Dooley recommended the resolution be adopted as recommended. Councilor Howe withdrew his request. Mayor Greenlaw stated that the process in this case was flawed and she thought it could have been handled administratively and she hoped everyone learned from this. The motion passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Ellis, Devine, Howe, Kelly, Paolucci and Solley. Nays (0). Resolution 13-51, Approved, the Second Amendment to Performance Agreement with Eagle Village Hospitality, LLC, an Affiliate of the University of Mary Washington Foundation, and the Fredericksburg Economic Development Authority for the Eagle Village 18263 Regular Session 06/11/13 Hotel (D13-248). Councilor Kelly reiterated the need to discuss incentives further so that the City could begin targeting businesses that they want in the City. Councilor Howe requested that a work session be scheduled to discuss incentives. Upon a motion and as recommended Councilor Paolucci moved to approve Resolution 13-51, approving the Second Amendment to Performance Agreement with Eagle Village Hospitality, LLC, an affiliate of the University of Mary Washington Foundation; 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 13-52, Approved, the Issuance by the Economic Development Authority of its Tax-Exempt Student Housing Revenue Bond in a Principal Amount not to Exceed $80,000,000, as a Conduit Issuer on Behalf of Eagle Housing, LLC, an Affiliate of the University of Mary Washington (D13-249). Upon a motion and as recommended Councilor Kelly moved to approve Resolution 13-52, approving the issuance by Economic Development Authority of its tax-exempt Student Housing Revenue Bond in a principal amount not to exceed $80,000,000, as a conduit issuer on behalf of Eagle Housing, LLC, an affiliate of the University of Mary Washington; 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 13-53, Approved, Supporting an Application to Establish a Conservation Easement on Riparian Property in Culpeper 18264 Regular Session 06/11/13 County (D13-246). Upon a motion and as recommended Councilor Solley moved to approve Resolution 13-53, supporting an application to establish a conservation easement on Riparian property in Culpeper County; motion was seconded by Councilor Devine and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Ellis, Devine, Kelly, Paolucci and Solley. Nays (0). Resolution 13-54, Approved, List of Streets to be Rehabilitated Through the Fiscal Year 2014 Asphalt and Concrete Rehabilitation Program (D13-247). Upon a motion and as recommended Councilor Kelly moved to approve Resolution 13-54, list of streets to be rehabilitated through the fiscal year 2014 Asphalt and Concrete Rehabilitation Program; 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 13-55, Approved, Amending the Fiscal Year 2013 Budget by Approving the Use of and Transferring $50,000 for Work Related to Minor League Baseball (D13-250). Upon a motion and as recommended Councilor Kelly moved to approve Resolution 13-55, amending the fiscal year 2013 budget by approving the use of and transferring $50,000 for work related to minor league baseball; motion was seconded by Councilor Ellis and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Ellis, Devine, Howe, Kelly, Paolucci and Solley. Nays (0). Council Agenda Presented. The following items were presented to Council. 18265 Regular Session 06/11/13 7A. “Tax Exempt” City Property Tax Impacts – Councilor Howe 7B. Transportation Funding – Councilor Kelly 7C. Taxi Ordinance – Councilor Howe Tax Exempt City Property Tax Impacts (D13-237) – Councilor Howe presented a PowerPoint presentation which included the Taxable Classes and there definitions, taxable value, non-taxable value, public service value and total assessed values. In conclusion, he wanted the tax payer to understand that as the City lose through the expansion of Federal and or State facilities the associate real estate they occupy or purchase or as the governing body exempts these actions result in placing taxing pressures on the properties that remain taxable. Councilor Howe would like to consider capping the legal level of Federal, State and Tax Exempt properties in order to control the reduced taxing revenue impact. He asked the City Attorney if there were any legal ramifications by placing a cap on these or by putting a moratorium on them. City Attorney Dooley explained that some real estate is tax exempt due to laws that were above the City. She said State Constitution exempts land that is publicly owned and land that is occupied by churches. In 2003, it was left up to the local governments to decide whether to exempt charitable organizations put to a charitable use and the City Council adopted an ordinance to discuss these items. In the past, during the economic downturn the City placed a moratorium on charitable organizations. Councilor Howe requested this be brought up in the near future at a work session for further discussion. Councilor Solley said all agree that the taxable and non-taxable impacts must be watched, but he was concerned that the numbers presented didn’t tell the entire story. He 18266 Regular Session 06/11/13 said a number of those institutions that occupy the non-taxable property are revenue positive and serve the City well and don’t drain on the City’s revenues such as the University of Mary Washington. Mayor Greenlaw echoed Councilor Solley’s statements she stated that two of the largest tax-exempt properties are the City’s largest employees and that must be taken into consideration. Motion to Suspend the Rules – Councilor Kelly moved to suspend the rule to continue meeting past the 11:00 p.m. hour; motion was seconded by Councilor Paolucci and passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Ellis, Howe, Kelly, Paolucci and Solley. Nays (1) Councilor Devine. Transportation Funding – Councilor Kelly passed on news that the Fall Hill Avenue project would be fully funded based on the new 6-Year Plan. Additionally, the Map 21 Funds that were originally restricted to project that had already been applied and the City put a project in that had not been applied for and now there is $400,000 more for the VCR trail out of the new 6-year plan. Councilor Kelly sent out thanks to staff and Cord Sterling the CTB representative for the City and Quinton Elliott at VDOT. He said he also sent out correspondence to the Riverfront Taskforce that Cord Sterling has been put on notice as well as GWRC to look for funding sources for the Riverfront project. Taxi Ordinance – Councilor Howe informed the Council that he intends to bring back the ordinance that was pulled regarding meters in the taxis. He will only bring up the meter portion and maybe later try to set up a Taxi Commission who will be responsible for the fares and the standards. City Manager’s Consent Agenda Accepted for Transmittal as Recommended (D13-238 thru D13-242). Following review and as 18267 Regular Session 06/11/13 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). • Ordinance 13-09, Second Read, Amending the Fares Charged for the FREDericksburg Regional Transit System (D13-238). • Transmittal of Boards and Commission Minutes • Fredericksburg Clean & Green Commission – May 6, 2013 (D13- 239). • Recreation Commission – February 21, 2013 (D13-240). • Recreation Commission – March 21, 2013 (D13-241). • Recreation Commission – April 18, 2013 (D13-242). Adoption of Minutes. Councilor Kelly moved approval of the May 28 Public Hearing minutes; 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). Councilor Kelly moved approval of the May 28 Regular Session minutes; 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 Third Quarter Financial Update (D13-251). The City’s overall projections for Fiscal Year 2013 were positive for both revenues and expenditures. The current amended budget for FY 2013 for the General Fund is $80.95 18268 Regular Session 06/11/13 million and this includes the $4.4 million budgeted use of the fund balance. The City’s revenue collections through the end of May currently stand at $73.45 million and are they are on target to exceed the budgeted revenue projections for the year. The five major sources of revenue the real estate, personal property, business license, sales taxes and meals taxes are all performing well. Real estate is expected to perform at what was projected around $12.5 million. The others will exceed the forecast. The expenditures are currently at $66.79 million and he said staff is comfortable where the City is with revenues and expenditures. He highlighted that they are not expected to use any of the fund balance that was appropriated at the beginning of the year. Resolution 13-56, Approved, Authorizing Use of $1,168,639 of Motor Fuels Tax Funds for Various Transportation Projects (D13-252). Upon a motion and as recommended Councilor Kelly moved to approve Resolution 13- 56, authorizing use of $1,168,639 of motor fuels tax funds for various transportation projects; 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). City Manager’s Report and Council Calendar (D13-253 thru D13- 254). 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: Fiscal Review Process Study Gets Underway, Police Host Bike Rodeo. Mayor Greenlaw congratulated the Main Street members on their Main Street designation. 18269 Regular Session 06/11/13 Adjournment. There being no further business to come before the Council at this time, Mayor Greenlaw declared the meeting officially adjourned at 11:11 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 18270