City Council

Public Hearing 08/13/13 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 August 13, 2013 The Council of the City of Fredericksburg, Virginia, held a public hearing on Tuesday, August 13, 2013, beginning at 8:11 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, Public Works Director Doug Fawcett, Planning Director Chuck Johnston, Senior Planner Erik Nelson, Budget Manager Amanda Lickey, Assistant Director of Economic Development Richard Tremblay and Clerk of Council Tonya B. Lacey. Notice of Public Hearings (D13-293 thru D13-299). The Clerk read the notice of the public hearings as they appeared in the local newspaper, the purpose being to solicit citizen input. Resolution 13-63, Second Read Approved, Amending the Fiscal Year 2014 Capital Budget for Additional Funding for the Virginia Central Railway Trail and for the Annual Asphalt Rehabilitation Program (D13-293). – no speakers. Upon a motion and as recommended Councilor 18321 Public Hearing 08/13/13 Solley moved to approve Resolution 13-63, on second read, to amend the Fiscal Year 2014 capital budget for additional funding for the Virginia Central Railway Trail and for the annual asphalt; 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). Implementing the 2012-2013 Community Development Block Grant Programs for the Consolidated Annual Performance and Evaluation Report (CAPER) (D13-294) – no speakers. Senior Planner Nelson stated that the purpose of the public hearing was to solicit public comment on the Annual Report on the performance in the Community Development Block Grant Program. Staff was pleased with the implementation of the program and the only deficiency noted was the homeowner assistance program due to the lack of applicants. Resolution 13-64, Approved, Granting a Special Use Permit to Operate a Bed and Breakfast that Includes a Meeting and Outdoor Event Venue on Property Located at 123 Lee Drive (D13-295 thru D13- 298) – 1 speaker. Councilor Howe asked for clarification on the future of an outdoor venue and whether it was stricken. Mr. Nelson explained that additional uses would have to come back for further review. Rob Almy, 1101 North Club Drive, 22408, owner of the property at 123 Lee Drive stated that he and his wife wanted to share the uniqueness of Braehead. Braehhead was one of three surviving homes during the Battle of Fredericksburg. The home still has 18322 Public Hearing 08/13/13 some of the original furniture in it. They completed restoration in 2011 and began sharing the home to the public during the Candlelight Tour. Upon a motion and as recommended Councilor Devine moved to approve Resolution 13-64, granting a Special Use Permit to operate a bed and breakfast that included a meeting and outdoor event venue on property located at 123 Lee Drive; 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). Ordinance 13-12, First Read Approved, Granting the request to Rezone the Following Propertied from R-16, Residential, to R-4, Residential: 1210, 1212, 1410, 1412 Kenmore Avenue (D13-299) – no speakers. Upon a motion and as recommended Councilor Solley moved to approve Ordinance 13-12 on first read, granting the request to rezone the following properties from R-16, Residential, to R-4, Residential: 1210, 1212, 1410, 1412 Kenmore Avenue; 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). Adjournment. There being no speakers to come before the Council at this time, Mayor Greenlaw declared the hearing officially adjourned at 8:23 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 18323 Public Hearing 08/13/13 [This page intentionally left blank.] 18324 Regular Session 08/13/13 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 August 13, 2013 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, August 13, 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, Public Works Director Doug Fawcett, Planning Director Chuck Johnston, Senior Planner Erik Nelson, Budget Manager Amanda Lickey, Assistant Director of Economic Development Richard Tremblay and Clerk of Council Tonya B. Lacey. Opening Prayer and Pledge of Allegiance. Council was led in prayer by Vice-Mayor Bradford C. Ellis, followed by the Pledge of Allegiance led by Mayor Mary Katherine Greenlaw. Officer Recognized. Mayor Greenlaw recognized the presence of Sergeant Paul Peterson at this evening’s meeting. C-SPAN 2013 Cities Tour in Fredericksburg (D13-291). J.D. Myers Marketing Vice-President with Cox Communications and Debbie Lamb, C-SPAN Local 18325 Regular Session 08/13/13 Content Vehicle Coordinating Producer informed Council that the City would be a part of a nationwide 2013 Cities Tour. C-SPAN chose to highlight Fredericksburg and feature various literary and historic sites, as well as interview local historians, authors and civic leaders. The City will also have its own web landing page on C-SPAN’s website. Citizen Comment. The following speakers came forward to participate in the citizen comment portion of this evening's meeting. Michael Gray, complained about a couple of cab companies and how they treat him because of his disability. He praised Dominion for treating him like a winner, with respect and dignity. Ronnie James, with the Homewood and Hampton Inn Suites spoke in favor of a baseball stadium and the taxes that would be levied on it. He said the City needed this and it would increase his business. John Gluck, 1418 William Street, owns a small business in Central Park and he spoke in favor of the Baseball Stadium and he said he was willing to pay a small reasonable tax increase. Darryl Green, 5321 Jefferson Davis Highway, stated that he had spoken with a few taxi cab drivers regarding the taxi cab commission and he would submit something at the next meeting. He suggested implementing an $8 rate plus a $2 surcharge on Fall Hill Avenue. He stressed that he didn’t think the City was ready for implementing meters. He couldn’t understand why the dispatching company was at every meeting trying to get the meters implemented. He wanted Council to know that he’s been receiving calls from a city number wanting to take him to lunch. Paula Foster, 6081 Caroline Village Road, 22580, stated that she could not 18326 Regular Session 08/13/13 understand why meters was up for discussion when it was not supposed to be brought back to Council for ten years. She expressed her concern that a City Official continues to bring the issue back before Council. She asked that Council consider the $8.00 fee. Tim Brown, 1616 College Avenue, spoke in support of a multi-use stadium. He stated that this would be an economic driver for the City. He also noted that the City was still missing a large population that should have a say in this and that was the college students. He said he was from upstate New York and he lived in a depressed area and because of baseball it is thriving. Tom Byrnes (D13-292), 209 Fauquier Street, the managing member of RBI (Rappahannock Baseball Initiative), the volunteer group that runs “Baseball in the Burg”. Since the July 9 meeting he said the support for the baseball stadium on Facebook had jumped to 5,000 members, almost double since that meeting. He said 90 percent of those live in the Fredericksburg region and 95 percent if you add Richmond and DC. As a consultant for the team he felt the ongoing negotiations were going well. He also noted that the Suns had combined their effort with Diamond Nation. Diamond Nation is a family oriented youth facility for amateur baseball and softball. They have mentors to work with the kids such as Jimmy Finch and other major league baseball players. This deal would have Diamond Nation finance and assume all the risk. Being affiliated with Diamond Nation would increase the number of visitors to the City. He said this could be made possible and the City would only be required to acquire land to provide parking that could be utilized by others. This would only require a 13 percent special tax district. Jimmy Fowler, 6821 Red Ground Road, spoke in support of “Baseball in the Burg.” He added that he moved from a town that didn’t have baseball, but after they 18327 Regular Session 08/13/13 acquired it has made tremendous growth to the area. G.M. Haney, 1702 College Avenue, spoke in support of the taximeters. He is one of the owners of the dispatching company. He said his dispatch company does not benefit from having meters in the cabs. He said it’s what the drivers and owners want. Charles Thomas, 723 Tacketts Mill Road, CEO of Central Virginia Television Network, spoke in support of the baseball stadium. He said they were extremely excited to possibly have a baseball team in the area so that they could cover its broadcast. He said they recently started shooting a program called Destination VA and he looks forward to the stadium. Public Hearings (D13-293 thru D13-299). The regular session was recessed in order to conduct the scheduled public hearing. Council Agenda Presented. The following items were presented to Council. 7A. Ordinance 13-13, First Read, Establishing the Fredericksburg Taxicab Board, by Adding a New Division 21 to City Code Chapter 10, “Agencies, Authorities, Boards, Commissions and Committees, Article II, “City-Wide Bodies” – Councilor Howe 7B. Ordinance 13-14, First Read, Requiring the Installation of Taximeters, through Amendments to City Code Chapter 58, “Motor Vehicles,” Article VII, “Public Vehicles” – Councilor Howe 7C. Resolution 13-65, Approving a Taxicab Surcharge During the Closure of Fall Hill Avenue – Councilor Howe Ordinance 13-13, First Read, Establishing the Fredericksburg 18328 Regular Session 08/13/13 Taxicab Board, by Adding a New Division 21 to City Code Chapter 10, “Agencies, Authorities, Boards, Commissions and Committees, Article II, “City-Wide Bodies.” (D13-300) – Councilor Howe briefed Council on the purpose of the Taxicab Board, which is to advise the Council on matters concerning the operation of taxicabs within the City. This board is to consist of taxicab dispatch companies, taxicab owners, taxicab operators, citizen, Council, tourism and Officer Ski. This committee will set the standards for the taxi cabs as well as establish a rate and the Board would be the first step for making complaints. Mayor Greenlaw asked for clarification on the board described by Councilor Howe which was different the Board proposed in the Ordinance. Councilor Howe said the correct board was the one issued by the City Attorney. Mayor Greenlaw clarified that the board would be made up of two members representing taxicab dispatch companies, one representing Mary Washington Hospital or other contractor for taxicab services, one representing taxicab owners and one shall represent taxicab operators, one representing taxicab customers, and one member of Council. Councilor Solley asked if it would be appropriate to make Officer Ski an ex- officio member of the Board and City Attorney Dooley proposed that staff would remain in a staff roll and report as a staff person. He also asked the necessity of having a Council member on the board. Councilor Howe said it was not a necessity it was offered and the final board could be changed. Councilor Ellis moved to approve Ordinance 13-13, on first read, establishing the Fredericksburg Taxicab Board, by adding a new Division 21 to City Code Chapter 10, “Agencies, Authorities, Boards, Commissions and Committees, Article II, “City-Wide 18329 Regular Session 08/13/13 Bodies”; 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). Ordinance 13-14, First Read, Requiring the Installation of Taximeters, through Amendments to City Code Chapter 58, “Motor Vehicles,” Article VII, “Public Vehicles” (D13-301) – Councilor Howe stated that the Taxi Board would oversee the taximeter and set the rates and the meter standards and make a recommendation to Council. Mayor Greenlaw felt that since a Taxi Board was being created they should take up the matter on taximeters. Councilor Howe asked if Mayor Greenlaw wanted to make that as an amendment and she said she would. Councilor Solley said he could make that amendment. Councilor Howe said if it were amended he would make a motion to have taximeter as a methodology for rate collection and alter it with the recommendation to come back from the board on the implementation and rate setting. He further clarified by saying if it goes to the board they would decide if it would go to the meters or stay with the zone system. The Mayor clarified saying she would like to have the Board decide whether to move to meters or not. Councilor Howe said the rational for going to the meters is to address the complaints associate with the zone system. Councilor Ellis said he think it’s time because the meter system is fair and objective. He said he was fine moving forward. Councilor Howe said he would like to move forward with his recommendation and if it fails he would like to see the Taxi Board deal with it. Councilor Howe mad a motion to approve Ordinance 13-14, on first read, 18330 Regular Session 08/13/13 requiring the installation of taximeters, through amendments to City Code Chapter 58. “Motor Vehicles,” Article VII, “Public Vehicles”; motion was seconded by Councilor Ellis. Councilor Kelly stated that he was on the original committee setting the rates. He said the zone system has been an issue for a long time and he does not see the rational for not going to the meters. The motion passed by the following recorded votes. Ayes (4). Councilors Ellis, Howe, Kelly, Paolucci. Nays (3) Councilors Greenlaw, Devine and Solley. Resolution 13-65, Approving a Taxicab Surcharge During the Closure of Fall Hill Avenue (D13-302) – Upon a motion Councilor Howe moved to approve Resolution 13-65, approving a taxicab surcharge during the closure of Fall Hill Avenue; 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 Consent Agenda Accepted for Transmittal as Recommended (D13-303 thru D13-320). Councilor Paolucci pulled item 8E off the consent agenda because she had to recuse herself and Councilor Devine pulled item 8F for discussion. Following review and as recommended, Councilor Kelly moved approval of the remaining City Manager's consent agenda items; 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). • Transmittal of FRED Transit Progress Report – July 2013 (D13-303). • Site Bond Release Panera Bread – 1760 Carl D. Silver Parkway (D13- 18331 Regular Session 08/13/13 304). • Site Bond Release Free Lance Star – 1381 Belman Road (D13-305). • Site Bond Release Haven II (D13-306). • Resolution 13-66, Budget Amendment for the Juvenile Detention Center True Up (D13-309). • Transmittal of Boards and Commission Minutes • Board of Social Services – April 12, 2013 (D13-310). • Board of Social Services – April 12, 2013 (D13-311). • Cable Commission – July 18, 2013 (D13-312). • Economic Development Authority – June 10, 2013 (D13-313). • Fredericksburg Arts Commission – June 6, 2013 (D13-314). • Planning Commission – June 12, 2013 (D13-315). • Planning Commission – June 26, 2013 (D13-316). • Planning Commission – July 10, 2013 (D13-317). • Potomac Rappahannock Transportation Commission – June 6, 2013 (D13-318). • Public Transit Advisory Board – June 5, 2013 (D13-319). • Public Transit Advisory Board – July 10, 2013 (D13-320). Ordinance 13-11, Second Read Approved, Rezoning Approximately 0.4737 Acres of Land Located at 3464 Fall Hill Avenue from Residential (R-1) to Commercial/Office Transitional (CT) (D13- 307). Councilor Paolucci recused herself because HGP, Inc. represents or provides 18332 Regular Session 08/13/13 services to the landowner. Councilor Devine moved to approve Ordinance 13-11, on second read, rezoning approximately 0.4737 acres of land located at 3463 Fall Hill Avenue from Residential (R- 1) to Commercial/Office Transitional (CT); motion was seconded by Councilor Howe and passed by the following unanimously recorded votes. Ayes (6). Councilors Greenlaw, Ellis, Devine, Howe, Kelly and Solley. Nays (0). Transmittal of an Ordinance Establishing a New Escalating Fine Schedule for False Burglar Alarms, and Adding Duties of Alarm Users and Alarm Companies, through Amendments to the City Code Chapter 34, “Emergency Services”, Article II, “Burglar Alarms” (D13-308). Councilor Devine noted that the false alarms were lessening, but stated that it’s costly to dispatch to false alarms. She asked where the funds were going to be reallocated and Mr. Cameron said the money would be placed in the general fund. Councilor Devine also suggested the Fire Department look into their false alarms as well. Adoption of Minutes. Councilor Kelly moved approval of the Public Hearing, July 9, 2013 and July 9, 2013 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). Granting a Special Use Permit to Thomas H. Mitchell to Construct a Mixed-Use Building Within the 100 Year Floodplain on Property Located at: 108 Hanover Street; 106 Hanover Street; 100 Hanover Street; 0 Sophia Street (Alley) and 718 Sophia Street (D13- 18333 Regular Session 08/13/13 321). After the brief staff overview Councilor Solley stated that there had been some considerations discussed by Council regarding this project and the utilities and their relations to the Riverfront Park and in order to purse those, he moved to postpone this item until the August 27 meeting; motion was seconded by Councilor Paolucci. Councilor Ellis asked the applicant if there would be any impact with postponing for two weeks. Michael Adams, the applicant, said there are several facets to this project. He said there are things going on simultaneously with this project such as finding a new location for the Canoe Association. He listed several projects that were taking place or will soon be taking place. He expressed his concern that the tenants that have put down deposits would lose confidence if this project was delayed any further. He also noted that he still has to go back to the ARB and Planning Commission for additional review which will take a considerable amount of time. Councilor Ellis asked the applicant if Council were to table, if he would still consider the City to be business friendly and would it sway negatively on the decision of your potential tenants and he also asked Councilor Solley what more was need to know and what could be learned in two weeks that was not learned in the past eight weeks. Mr. Adams commended that City staff for working with them diligently to move the project forward on many levels but he said he would like the respect that they have worked diligently on all the issues through repeated meetings and conversations over a long period of time. Councilor Solley said he was not aware that the project had been delayed and he asked if a delay would have serious consequences to the project. Mr. Adams said there 18334 Regular Session 08/13/13 were a number of things already in motion and if there was not a vote tonight it would cause some confidence to slip and cause some of those things to stop. He said they were moving forward in good faith that they were going to get a vote and hopefully a positive vote. Councilor Solley addressed Councilor Ellis concern stating that there were questions regarding placement of the utilities and the area that boarders the Riverfront Park and they would like to address questions within relations to the project and the Riverfront Park. Councilor Ellis said he was not aware that the questions were not asked before. Councilor Kelly said this was a good project, he would like to see it modified because of the City’s uniqueness and when changes are made and you take away from that uniqueness. This project places a large building on the riverfront and that’s an issue. He noted the City has not made significant changes to the downtown without it being vetted heavily. He said both the hotel and the parking garages are beautiful projects that were heavily debated and he didn’t feel two weeks was a significant delay compared to other significantly large projects that are in the downtown. Councilor Howe said he was in support of the project and he explained that the questions regarding the utilities and the Riverfront Park and how they will look along the corridor. He said existing aerial utilities needed to be placed underground which was a significant investment as the Riverfront project moves forward. He said he would support postponing this for two weeks for this reason and move forward with this project in two weeks. Councilor Paolucci stated that she was not in support of this project. She feels the 18335 Regular Session 08/13/13 mass and scale were too big for the historic district, there are issues on parking and she noted the offer she made at the last meeting. That offer addressed the additional parking they have but are not required to have and she proposed that those spaces be used for the retail space, but the applicant never answered whether they would. She was highly upset that there would be two parking garage entrances facing what’s going to be a million dollar Riverfront Park. She also clarified that there was no delay with this project there was Public Hearing at the last meeting and this was the first time this project has come up for vote. Councilor Ellis stated that he was in support of the project and the City needs projects to broaden the tax base. He noted that there had not been a mad rush to approve this project because that applicant had gone through numerous meetings. He asked if the project could move forward even as the utility issue was being looked at or would those issues change the special use permit. Councilor Paolucci and Councilor Ellis addressed comments stated by one another regarding projects in historic downtown. Councilor Kelly asked the architect would it be detrimental to move the project to the50 feet limits of the downtown. Mr. Adams explained the reason the project has to be the height that is being proposed was because they are coming out of the floodplain. He said the property sits almost 8 feet below the floodplain and it necessitates that all electrical needs to be above that, which means the whole first floor has to be at least 12 feet and that would put the floors at 10 feet, floor to floor, as you move over the next four floors which is barely enough room to do heating and air conditioning, mechanical equipment, electrical 18336 Regular Session 08/13/13 equipment and any other items that are required. Lastly, the roof level has to have all the mechanical equipment up there as well as the elevator machine room and they need the height in order to accommodate all the services that will supply the building. He said they proactively changed the design of the building, created setbacks, use of different materials on the fifth floor in order to make up for the six feet which he said was not visible for a two block radius around the building but necessary so the building could be built properly. Mayor Greenlaw said the project was a good project and a needed project and it’s the kind of project the City wants. She does not think the project has been delayed and because of the questions she would support delaying for two weeks. Councilor Solley amended his motion to postpone further consideration of the project which would include the three resolutions on this project. Councilor Paolucci seconded the amendment. The motion to postpone passed by the following recorded votes. Ayes (5). Councilors Greenlaw, Howe, Kelly, Paolucci and Solley. Nays (2) Councilors Ellis and Devine. Granting a Special Use Permit to Thomas H. Mitchell for a Mixed-Use Building which Exceeds 4,000 Square Feet in Site Coverage in the Commercial-Downtown (C-D) District on Property Located at: 108 Hanover Street; 106 Hanover Street; 100 Hanover Street; 0 Sophia Street (Alley) and 718 Sophia Street (D13-321) The vote on this item was postponed until the August 27 meeting. Granting a Special Exception to Thomas H. Mitchell for 18337 Regular Session 08/13/13 Construction of a Mixed-Use Building With a Height of 56 Feet, a Floor Area Ratio of 3.225, a 15% Commercial Ground Floor, and a Density of 40 Residential Units Per Acre on Property Located at: 108 Hanover Street; 106 Hanover Street; 100 Hanover Street; 0 Sophia Street (Alley) and 718 Sophia Street (D13-322). The vote on this item was postponed until the August 27 meeting. Reversing the Architectural Review Board Decision to Deny a Certificate of Appropriateness for Restoration of a Portico at 1213 Prince Edward Street (D13-323). This item was resolved at the August 12 Architectural Review Board meeting, therefore it was pulled off the agenda. Resolution 13-67, Approved, Approving the Issuance by the Economic Development Authority of its Tax-Exempt Health Facilities Revenue Bond in an Aggregate Principal Amount not to Exceed $101,000,000, as a Conduit Issuer on Behalf of Mary Washington Healthcare and its Affiliates (D13-324). Upon a motion and as recommended Councilor Devine moved to approve Resolution 13-67, approving the issuance by the Economic Development Authority of its tax-exempt health facilities revenue bond in an aggregate principal amount not to exceed $101,000,000, as a conduit issuer on behalf of Mary Washington Healthcare and its affiliates; 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). 18338 Regular Session 08/13/13 Resolution 13-68, Approved, Authorizing the City Manager to Execute a Contract with Fredericksburg Asphalt and Paving, Inc. to Perform the Fiscal Year 2014 Asphalt Rehabilitation Program (D13- 325). Upon a motion and as recommended Councilor Kelly moved to approve Resolution 13-68, authorizing the City Manager to execute a contract with Fredericksburg Asphalt and Paving, Inc. to perform the Fiscal Year 2014 Asphalt 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 13-69, Approved, Authorizing the City Manager to Execute a Contract Amendment with Faulconer Construction to Construct Area 3 of the Virginia Central Railway Trail (D13-326). Upon a motion and as recommended Councilor Kelly moved to approve Resolution 13-69, authorizing the City Manager to execute a contract amendment with Faulconer Construction to Construct Area 3 of the Virginia Central Railway Trail; 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). Neighborhood Capital Improvement Funds Guidelines and Discussions (D13-327). Assistant City Manager Whitley presented the Neighborhoods Capital Improvement Funds Guidelines and Council felt the timeline was too compressed to get the program started. 18339 Regular Session 08/13/13 Councilor Howe moved to approve the guidelines but moved the timeline out an additional month; motion was seconded by Councilor Kelly 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 (D13-328 thru D13- 329). 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: New City Website, New Assistant Economic Development Director, Historicon Attendance Increases, Customer Appreciation Day at FRED, Virginia Central Railway Trail, Mayfield Farmer’s Market, Family Table and Family Restaurant Week, New Parks & Recreation Catalog, National Night Out- Heritage Park Apartments, University of Mary Washington Community Fair, Hugh Mercer Elementary School Orientation, Soggy Doggy Swim, Fredericksburg Finest on Fridays and Retirement Offered for American and Virginia Flags Closed Meeting Approved (D13-330). Upon the motion of Councilor Devine, seconded by Councilor Paolucci and passed by the following unanimously recorded votes, Council approved a closed meeting under the Virginia Freedom of Information Act, Code Section 2.2-3711(A)(7), for consultation with legal counsel pertaining to the lawsuit, Fredericksburg Park, LLC v. City Council of the City of Fredericksburg, where consultation in an open meeting would adversely affect the negotiating or litigating posture of the City Council; and under the Virginia Freedom of Information Act, Code Section 2.2-3711(A)(40) to discuss the current status of negotiations for a multi-purpose baseball stadium with the Hagerstown suns, where the 18340 Regular Session 08/13/13 discussion or consideration of records related to the Suns’ proposed relocation to Fredericksburg, where competition and bargaining is involved and where, if such records are made public, the financial interest of the public body would be adversely affected. Ayes (7) Councilors Greenlaw, Ellis, Devine, Howe, Kelly, Paolucci, and Solley. Nays (0). Return to Open Meeting Approved. Upon the motion of Councilor Howe, seconded by Vice-Mayor Ellis and passed by the following unanimously recorded votes, Council approved a return to an open meeting. Ayes (7) Councilors Greenlaw, Ellis, Devine, Howe, Kelly, Paolucci, and Solley. Nays (0). Resolution 13-70 Approved Certifying Closed Meeting. Upon the motion Councilor Howe approved Resolution 12-70 certifying the closed meeting; 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). Adjournment. There being no further business to come before the Council at this time, Mayor Greenlaw declared the meeting officially adjourned at 11:13 p.m. __________________________________ Mary Katherine Greenlaw, Mayor _____________________________ Tonya B. Lacey, Clerk of Council, CMC 18341 Regular Session 08/13/13 [This page intentionally left blank.] 18342