City Council

Public Hearing 09/10/13 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 September 10, 2013 The Council of the City of Fredericksburg, Virginia, held a public hearing on Tuesday, September 10, 2013, beginning at 7:48 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, Planning Director Chuck Johnston, Zoning Officer Debra Mathis, Budget Manager Amanda Lickey, Parks, Recreation and Public Facilities Director Robert Antozzi, Public Works Director Doug Fawcett and Clerk of Council Tonya B. Lacey. Notice of Public Hearings (D13-352 thru D13-358). The Clerk read the notice of the public hearings as they appeared in the local newspaper, the purpose being to solicit citizen input. Resolution 13-79, Approved, Granting a Special Use Permit to C& K Investors, LLC to Operate a Retail Establishment on Property Located at 2501 Fall Hill Avenue (D13-352). – 1 speaker. Councilor Devine 18359 Public Hearing 09/10/13 asked if this retail establishment was to support soccer teams locally or for selling equipment. Eduardo Minaya, stated that he would like to support a school since there is an arena close by. He said he would be doing retail and online and he needed space for storage. There would also be a Western Union on site in order to get more traffic to the retail store. Upon a motion and as recommended Councilor Solley moved to approve Resolution 13-79, granting a special use permit to C& K Investors, LLC to operate a retail establishment on property located at 2501 Fall Hill Avenue; motion was seconded by Councilor Paolucci and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Ellis, Devine, Howe, Kelly, Paolucci and Solley. Nays (0). Resolution 13-80, Approved, Granting a Special Exception to Cullen Trust Limited Partnership, for an Increase in Density from 8 to 12 Multi-Family Dwelling Units Per Acre in the Commercial Transitional Zoning District (D13-353) – 1 speaker. After staff presentation Councilor Kelly asked how the project was going to be defined as low income for the elderly. Zoning Officer Mathis said that would be left up to the applicant. Councilor Kelly also asked how the project went from the originally approved 8 units per acre to 10 units per acre to now 12 units per acre. Planning Director Johnston explained that the approval in 2011 was for 12 units per acre and the applicant was requesting reapproval of the density they received 30 months ago. Councilor Kelly stated that he would like the City to get a better handle on the special exceptions because there seems to be too many 18360 Public Hearing 09/10/13 and he said he doesn’t like dropping the City’s goals to allow special exceptions. He was in support of this project because it had been previously approved. Councilor Devine stated that she had the same question on how the project was going to determine the eligibility and age. She also asked for clarification on the rezoning in 2012 asking whether the density was raised to 12 units per acre because there was a commercial component added to it. Ms. Mathis said that was correct, but the current project is strictly residential. She said the applicant stated that with this type of development you would not want commercial unless it’s directed toward the residents of the building. Examples would be a hair salon, barber shop or a small shop that sell items the residents need. Mary Jane O’Neil, 707 Kenmore Avenue, stated that she never made reference to low income housing, but stated that in the 2011 application made by Humanities Foundation they were planning to use VHDA financing to do the project. She said its affordable housing for 55 and older and the basic rents are $600-$800 for a one bedroom and $700 to $900 for a two bedroom from and the applicants would have to qualify by income. Ms. O’Neil explained that she owns the property and she would like to find a developer to do the project. She said the property would be age restricted. She also explained that because of the setup of the project there would not be anywhere for the retail space. Councilor Devine stated that one of the concerns the City has with new development is the strain it puts on the services particularly the schools. She asked how this project would guarantee that it would not change and it will stay age restricted as time goes by. Mr. Johnston explained that Council could approve this project with an 18361 Public Hearing 09/10/13 age restriction on it in accordance with the Federal law and those laws can be very specific. Councilor Devine asked staff how they would go about enforcing the age restriction. Mr. Johnston said if they had knowledge of someone underage living in the units they would request the management to provide information on who’s living in the apartments. Ms. O’Neil said that on the lease the tenants must disclose who would be living in the units. Councilor Paolucci asked if the age restrictions would be a condition set on the property and he said it would be and the applicant said she would not have a problem with that condition. Councilor Howe requested there be a time restriction of two years on this project instead of the requested 30 months. He said he would like the shorter time restriction to keep it from coming back to Council and Planning Commission. Councilor Solley did not agree with this he felt a shorter time would cause them to have to come back. Councilor Howe said it could be 60 months but whatever the time frame he did not want it to comeback before Council. Councilor Paolucci moved approval of Resolution 13-80, granting a special exception to Cullen Trust Limited Partnership, for an increase in density from 8 to 12 multi-family dwelling units per acre in the Commercial Transitional zoning district with the condition to follow the housing for elderly persons in according to federal law and to keep the 30 month stipulation; motion was seconded by Councilor Solley. Councilor Kelly stated that he was going to support this, but he reiterated that he wanted staff to get a handle on the special exceptions and he added that he would like to deal with special exception in the beginning and not at the end of the process. 18362 Public Hearing 09/10/13 Vice-Mayor Ellis stated that he supported the project with the condition of the age restriction, but he would not support it if it were a high density project. The motion passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Ellis, Devine, Kelly, Paolucci and Solley. Nays (1) Councilor Howe. Ordinance 13-16, First Read Approved, Adopting a Unified Development Code for the City of Fredericksburg, and Amending the City Code by Repealing Chapter 78, “Zoning, Planning and Development,” Article I “In General,” Article II “Comprehensive Plan,” Article III “Zoning,” Article IV “Subdivisions,” and Article VI, “Wetlands” and Adopting the Document Entitled “City of Fredericksburg Unified Development Ordinance,” Dated August 16, 2013 as the New City Code Chapter 72 (D13-354 thru D13-356) – 1 speaker. After staff presentation Councilor Devine thanked Mr. Johnston for stepping into the work on the Unified Development Ordinance (UDO) and getting it completed. She also thanked the Steering Committee for their work. She’s excited to get this process streamlined. Councilor Paolucci echoed Councilor Devine’s sentiments, but had many concerns. The first concern was with the Development Administrator position which is to be combined with the Zoning Inspector position. She stated that Council created the position to address the code violations and she was concerned that the development administrator’s functions would overtake the enforcement functions. Mr. Johnston stated that he talked to previous employee in the Zoning Inspector’s position and she stated that 18363 Public Hearing 09/10/13 she was not busy all the time and that she was working on other projects to keep busy. He said based on that, and the development in the City he felt it was a reasonable amount of duties. Mr. Johnston said he would reevaluate six to nine months and see how it’s working. Secondly, Councilor Paolucci was concerned with standards that have been either eliminated or changed from requiring special use permits to allowing them by right. Some of the concerns were: adult day care being permitted by right in Commercial Downtown (C-D) without neighbors input, parks, playgrounds or plazas being permitted by right in R-4, R-8 & R-12 districts without neighbors input, fast food restaurants permitted by right in C-D, restaurants indoor & outdoor seating in Commercial Transitional (C-T) adjacent to residential, parking garages in C-D as by right with no neighbors input, and commercial parking lots in C-D and C-T by right with not neighbors input. A few other concerns she addressed were parking in Section 522.C the reduction of the parking standards: on street parking credits, changes in use can be exempted from the requirement to provide additional parking and old lots with no handicap parking – no provisions to update. Councilor Paolucci was also concern that a building similar to the recently approved One Hanover project could reach a height of sixty feet in the historic district without public input and she felt the historic district needed to be pulled from the UDO and revisited. Mr. Johnston addressed a few of the concerns. He explained that parks in a residential neighborhood usually don’t through the Capital Improvements Plan (CIP) and the CIP has a public hearing process. He said this is the normal process, in most 18364 Public Hearing 09/10/13 communities for approving parks. Mr. Johnston said he could understand the concern with outdoor seating at restaurants but the assumption was that in CT the lots are fairly small so the seating would be limited. Councilor Paolucci said her main concern was that there was no public input. Mr. Johnston explained that whether the seating is indoor or outdoor the regulations would still be the same for the restaurant. Councilor Paolucci was worried that there could be an issue with noise when a restaurant is located next to a residential property. Mr. Johnston did not think the noise level would increase. In regards to parking, Mr. Johnston said he felt the parking reduction was reasonable. He said the parking requirements are higher than the actual need and he feels the suggested reductions were appropriate. He addressed the One Hanover project stating that with the proposed UDO the project would have come back to Council because of its size. Councilor Paolucci explained her concern with the height of a building in a floodplain which could exceed the maximum fifty feet because due to the new standards. The new standards would allow the measuring to start at the flood plain elevation. Mr. Johnston felt because of the many limitations in the floodplain granting some flexibility was reasonable. Councilor Paolucci suggested possibly lowering the height limit in the historic district to prevent buildings in the floodplain from exceeding the fifty foot height limit. Vice-Mayor Ellis was surprised that there were so many issues because there was a consensus at the last work session to submit the UDO for approval. Councilor Kelly stated that the issues have always been discussed off and on. He also said the One Hanover project could have been built within the limits. He felt projects like this cause more damage. Mr. Kelly said he likes the special use permits 18365 Public Hearing 09/10/13 because they give the City some control over projects and the more special use permits in the downtown the better. Councilor Kelly asked for clarification on whether an Architectural Review Board (ARB) decision would take precedence over the Zoning ordinance. An example would be, could the ARB allow a 50 foot height limit, but not approve of the 50 feet because of the scale and massing size. Mr. Johnston explained that the 50 foot limit is an outer limit and he feels the ARB could say whether a building fits within the character. Councilor Kelly felt strongly that something needed to be in the UDO stating that the ARB has that authority. Mr. Johnston stated that if that was Council’s wishes he asked Council to get those amendments to him so he could include them. Councilor Kelly stated that the zoning inspector position was added so that the City could be more proactive in its enforcements because it had always been complaint based and he wanted to be sure this would continue in future discussions. He also stated that he agreed with the parking changes, but he questioned the changes to the parks. He said not all parks are public facilities. Councilor Solley stated that he was ready to vote on first read, but had some concerns with residency density in the commercial downtown (C-D) district. He said he voiced his reservations at the last work session. He went on to note that he voted in favor of the One Hanover development, but did so because of many other factors, but he said he would not like to see a building of that size, height on any lot in the C-D district with only ARB approval. Mr. Johnston noted that the One Hanover project would be classified as a residential project in the proposed UDO. Therefore the project would 18366 Public Hearing 09/10/13 come to City Council as a special use in addition of the special exception. This project would not qualify as a mixed use with the proposed UDO. Councilor Howe asked for clarification on how changes would be made to the UDO once it was approved. Mr. Johnston stated that changes could be made by resolution. Councilor Howe asked if there was a feasible way to pull the historic district portion until Council can be sure it meets all the standards. He suggested phasing in the historic district portion. Councilor Howe said the members of the Steering Committee had expressed some concern and would like to take another look at it before second reading. He also wanted to be sure it was put in the latest edition that adjoining property owners receive certified notifications at the cost of the applicant. Mr. Johnston said the certified mail item had been included. Mayor Greenlaw added that this was a very significant achievement for any City to take all of its regulations and put them into one document. There were several members on the Steering Committee who reviewed the document and Council had a few work sessions on it. Councilor Kelly thanked staff and the Steering Committee for all of their work and he said all the issues could be worked through if Council took a little more time. He also asked the City Attorney what was considered a significant change that would cause Council to have to start over and not be able to take a second read vote. City Attorney suggested postponing the first read until the document was as close to what Council wanted as possible. 18367 Public Hearing 09/10/13 Hashmel Turner, 1909 New Kent Street, asked if subdivision and wetlands had been changed because he had wetlands in his area and he enjoys the animals that come with the changes of the seasons. Mr. Johnston said there were no substantial changes. Hamilton Palmer, 401 Charles Street, a member of the Steering Committee. He said he attended every meeting except the last one. He said in the memo from staff says the Steering Committee recommended approval, but he didn’t think that was the case. He said he had spent many hours on this document. He said he is in agreement with most of the document with a few exceptions. In regards to parking he suggested using more cabs to help with economic development and support local businesses. In the Procedures Manual, it mentions the storm water management and design should be prepared by a licensed engineer and he felt that could be changed to licensed professional. There was a reference to a Design and Constructions Standards, but he stated there is no longer a manual for this. In regards to the special use permits and special exceptions it states that there are two professionals that need to sign the documents for a special exception and special use permits and he wanted to be sure that was the intent. In the UDO he asked that the storage of garbage cans in the front yards be addressed as well as constant yard sales. He said originally there were supposed to be hyperlinks to the Virginia Code and to the City documents, but there are none in the document. In regards to city parks he said at one point city projects were to be exempt with one read of the ordinance, but he wasn’t sure if they were still exempt. Mr. Palmer stated that to be consistent with State Code requirements, surveyors, engineers and architects should be licensed professionals. He added that public notices had been removed from the UDO. The Comprehensive Plan 18368 Public Hearing 09/10/13 had been removed and Sections 204-210 were removed. He suggested that Council keep the public hearing open, but he said he would like to get the document passed. Cynthia Papa, 101 Frederick Street, she stated regionally there was mass confusion with conformity, guidelines and changes. She discussed a variety of other issues. Rene Rodriguez, 1514 Prince Edward Street, stated that he was confused with the discussion of the separating the UDO and the Historic District because all construction and proposals still have to go before the ARB for approval. He was not happy with the comments made about not making it easier for developers in the downtown because he didn’t feel this was encouraging growth. In regards to the parking he said it was an issue and he asked council to get aggressive with it. Mayor said she was disappointed because she thought the document had been carefully considered by the 16 member Steering Committee. She added that the document could be modified if the need arose. She said she would like to see it first read. She found the discussion regarding the historic district concerning because there are also other areas in the City that need protecting and preserving. She said this document allows the City to work with the citizens and business professionals. She was not in agreement with separating the historic district section from the document. Councilor Kelly moved to defer first read until the historic district items are resolved; motion was seconded by Councilor Paolucci. Mayor Greenlaw said she was concerned that there was a misunderstanding with the historic district. 18369 Public Hearing 09/10/13 Councilor Solley asked what would consist of a significant change that would cause the Council to have to start over. City Attorney said she needed more specificity on the changes. She said she was trying to establish due process of the law and because the ordinance had been advertised, the public hearing had been advertised and it exist in the current state and because the downtown is an unresolved issue its difficult to determine how to move forward so that the ordinance could be ready for action. She explained that projects that come after the ordinance is adopted they will be grandfathered in as the ordinance stands in its current state. She would like to make sure it’s advertised as it is to be adopted. Councilor Howe said he personally believes the alterations that will be made between now and second read Council could live with them. He said the concerns that Council wanted to adjust were not being addressed by any citizens. So he didn’t think there would be any issues with taking a second read vote after the changes. Vice-Mayor Ellis said he would not support a motion to table because he feels Council would not move expeditiously. Vice-Mayor Ellis made a substitute motion to approve Ordinance 13-16, on first read, adopting a Unified Development Code for the City of Fredericksburg, and amending the City Code by repealing Chapter 78, “Zoning, Planning and Development,” Article I “In General,” Article II “Comprehensive Plan,” Article III “Zoning,” Article IV “Subdivisions,” and Article VI, “Wetlands” and adopting the document entitled “City of Fredericksburg Unified Development Ordinance,” dated August 16, 2013 as the new City Code Chapter 72; motion was seconded by Councilor Devine. 18370 Public Hearing 09/10/13 Councilor Howe asked to add a friendly amendment to add that the Steering Committee review any changes made since their last meeting before the document comes back for second reading. Vice-Mayor Ellis accepted. Mayor Greenlaw asked for clarification on what changes the Steering Committee would be reviewing. Councilor Kelly assisted and said he believed Councilor Howe wanted the Steering Committee to review all of Council’s changes in regards to the historic district before sending it back for second read. Councilor Devine suggested that Mr. Johnston let Council know when the Committee was going to meet and Council must provide the comments before that meeting and if there are changes Mr. Johnston will let the Council know what those changes are. The motion was passed by the following recorded votes. Ayes (5). Councilors Greenlaw, Ellis, Devine, Howe, and Solley. Nays (2) Councilors Kelly, Paolucci. Authorizing the Condemnation of a Portion of Fredericksburg GPIN Parcel 7870-10-6853 Owned by Lt. Col. Butler Brayne Thornton Franklin, for the Purpose of Constructing the Rappahannock Canal Bridge Replacement on Fall Hill Avenue (D13-357) – no speakers. Councilor Paolucci moved to postpone a vote on authorizing the condemnation of a portion of Fredericksburg GPIN Parcel 7870-10-6853 Owned by Lt. Col. Butler Brayne Thornton Franklin, for the purpose of constructing the Rappahannock Canal Bridge replacement on Fall Hill Avenue; motion was seconded by Councilor Devine and passed by the following 18371 Public Hearing 09/10/13 unanimously recorded votes. Ayes (7). Councilors Greenlaw, Ellis, Devine, Howe, Kelly, Paolucci and Solley. Nays (0). Resolution 13-81, Approved, Authorizing the Condemnation of a Portion of Fredericksburg GPIN Parcel 7779-39-1592 Owned by Forest Village MCF-SCG Limited Partnership, for the Purpose of Constructing the Rappahannock Canal Bridge Replacement on Fall Hill Avenue (D13-358) – no speakers. Upon a motion and as recommended Councilor Paolucci moved to approve Resolution 13-81 , authorizing the condemnation of a portion of Fredericksburg GPIN Parcel 7779-39-1592 Owned by Forest Village MCH-SCG Limited Partnership, for the purpose of constructing the Rappahannock Canal Bridge replacement on Fall Hill Avenue; 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). Adjournment. There being no speakers to come before the Council at this time, Mayor Greenlaw declared the hearing officially adjourned at 9:36 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 18372 Regular Session 09/10/13 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 September 10, 2013 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, September 10, 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, Planning Director Chuck Johnston, Zoning Officer Debra Mathis, Budget Manager Amanda Lickey, Parks, Recreation and Public Facilities Director Robert Antozzi, 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 Matthew J. Kelly, followed by the Pledge of Allegiance led by Drake Riggins from Troop 179. Officer Recognized. Mayor Greenlaw recognized the presence of Officer John Fesq at this evening’s meeting. Proclamation Recognizing Day to Serve (D13-351). Mayor Greenlaw 18373 Regular Session 09/10/13 presented Mike Kitchen the President of the Fredericksburg Stake of the Church of Jesus Christ of Latter-Day Saints with a proclamation supporting the Governor on the observance to call upon Fredericksburg residents to participate in a Day to Serve. Mr. Kitchens stated that last year they were able to get 30 community organizations to participate and the State of Virginia raised 32,000 pounds of food. This year there will be a 5k food for fun run on the 28 of September. He also invited Council to the reception they are planning. Citizen Comment. The following speakers came forward to participate in the citizen comment portion of this evening's meeting. Van Perroy, 515 Caroline Street, asked City Council to have staff review the Christmas Parade, because he has lost money because of the time of the parade. He would like to see it moved to the daytime. He felt it was dangerous to hold it at night. Kenneth Green, came thanking City Council for their hard work and dedication and he showed his appreciation for the time they have taken on the taxi business. Jerome Lewis, stated that there were too many cabs in the City and that many sit empty because there are too many and he said it’s hard to make a living because of the quantity of Cabs. Public Hearings (D13-352 thru D13-358). The regular session was recessed in order to conduct the scheduled public hearing. Council Agenda Presented. The following items were presented to Council. 7A. Archeology Ordinance Working Group – Councilor Kelly. 7B. Taxi Cab Board – Councilor Howe 18374 Regular Session 09/10/13 7C. Telegraph Hill Subdivision – Councilor Howe Taxi Cab Board – Councilor Howe thanked the applicants who applied to be on the Board, but he motioned to postpone the appointments until all applicants could be certified; 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). Archeology Ordinance Working Group (D13-359). Councilor Kelly stated that he would like the City to form an archeology ordinance working group to develop an archeology Plan and or program. Councilor Kelly moved to approve the establishing of a working group to include representatives from the following organizations or groups: Historic Fredericksburg Foundation, Fredericksburg Area Museum, National Park Service, Development Community (2), UMW Preservation Department, Fredericksburg Mainstreet, Kenmore/Ferry Farm, two Council members Paolucci and Kelly and Planning staff member; motion was seconded by Councilor Paolucci. City Attorney suggested that since this was a Council appointed board that staff remains in the staff role. Councilor Kelly agreed to that change. Motion passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Ellis, Devine, Howe, Kelly, Paolucci and Solley. Nays (0). Telegraph Hill Subdivision – Councilor Kelly noted that the City had been working with Telegraph Hill and discussions were going well but there were still a few legal issues to resolve. He thanked Larry Wellford and David Holstick, the Wellford Development Team for trying to resolve the issues. He said the National Park was ready 18375 Regular Session 09/10/13 to work with all parties and they had only a few concerns which were the view shed, signage and landscape of the area. He noted that the item would be coming before Council at the September 24 meeting. City Attorney Dooley stated that the landowner would submit a revised subdivision plat to draw it into two phases. The new section of Rampart Drive will be in phase two. Phase one would be single family homes and it would separate Rampart Drive. The developer would like a rezoning of the property to Planned Development Mixed Use (PDMU) and the rezoning would include a roundabout and the roundabout would be built at the developers expense. The developer has also asked that the City be a co-applicant with them on the rezoning. There will be a public hearing at both the Planning Commission level and the Council level. If the rezoning is approved then the roundabout would be built at the landowner’s expense and there will be timelines built in for the construction. If the PDMU zoning is not approved then the landowner will record the phase two Telegraph Hill plat with the intersection of Rampart Drive and Lafayette Boulevard as proposed. At the next meeting Council will take action to initiate the rezoning of this property. Councilor Kelly noted that this project is significantly smaller than what was proposed years ago. Another aspect is that a traffic study be completed to be sure the roundabout could handle the traffic as opposed to a signalized light. There will also need to be a discussion with the park service regarding screening so that there isn’t a large view of a commercial development as you exist the park. City Manager’s Consent Agenda Accepted for Transmittal as Recommended (D13-360 thru D13-364). Following review and as 18376 Regular Session 09/10/13 recommended, Councilor Solley moved approval of the City Manager's consent agenda items; 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 FRED Transit Progress Report – August 2013(D13- 360). • Site Bond Release Econo Lodge – 2802 Plan Road (D13-361). • Resolution 13-72, First Read, Amending the Fiscal Year 2013 Budget for Final Adjustments (D13-362). • Ordinance 13-15, Second Read, 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” (D13-363). • Resolution 13-82, Approving the 2012/2013 Consolidated Annual Performance and Evaluation Report (D13-364). Adoption of Minutes. Councilor Kelly moved approval of the August 27, 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). Reappointment to the Rappahannock Area Agency on Aging – Robert Deaderick (D13-365) Councilor Paolucci moved to reappoint Robert Deaderick to the Rappahannock Area Agency on Aging; motion was seconded by Councilor Devine and passed by the following unanimously recorded votes. Ayes (7). 18377 Regular Session 09/10/13 Councilors Greenlaw, Ellis, Devine, Howe, Kelly, Paolucci and Solley. Nays (0) Reappointment to the Planning Commission – Roy Gratz (D13- 366) Councilor Kelly moved to reappoint Roy Gratz to the Planning Commission; motion was seconded by Vice-Mayor Ellis and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Ellis, Devine, Howe, Kelly, Paolucci and Solley. Nays (0). Reappointment and Appointment to the Fredericksburg Clean and Green Commission – Paula Chow, David Dorsey and Justin Estes (D13-367) Councilor Devine moved to reappoint Paula Chow and David Dorsey to the Fredericksburg Clean and Green Commission; 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). After a recorded vote was taken, Justin Estes was appointed to the Fredericksburg Clean and Green Commission with a vote resulting between applicants. Justin Estes and Marci Tanner. Estes (6) Councilors Greenlaw, Ellis, Devine, Kelly, Paolucci Solley. Tanner (1) Councilor Howe. Appointment to the Wetlands Board – Bryan Hofmann (D13-368) Councilor Devine moved to appoint Bryan Hofmann to the Wetlands Board; 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). Appointments to the Taxicab Board (D13-369). This item was 18378 Regular Session 09/10/13 withdrawn from the agenda. Resolution 13-83, Approved, Amending the Fiscal Year 2014 Budget by Appropriating Asset Forfeiture Funding, Police Donations and Grants (D13-370). Upon a motion and as recommended Councilor Kelly moved to approve Resolution 13-83 amending the Fiscal Year 2014 budget by appropriating Asset forfeiture funding, police donations and grants; motion was seconded by Vice- Mayor Ellis and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Ellis, Devine, Howe, Kelly, Paolucci and Solley. Nays (0). Resolution 13-84, Approved, Authorizing the City Manager to Negotiate and Award a Contract for Riverfront Park Concept Design (D13-371). After staff presentation Councilor Solley moved to approve Resolution 13- 84, authorizing the City Manager to negotiate and award a contract for Riverfront Park Concept Design; 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). Consideration of a Report from Staff on the Auditor of Public Accounts Comparative Cost Report. (D13-372). Budget Manager Lickey reviewed a very detailed report on the Auditors of Public Accounts Comparative Cost. She discussed the Comparative Report of Local Government Revenues and Expenditures, Judicial Administration, Public Safety, Public Works, Health and Welfare, Parks and Recreation and Cultural, Education and Community Development. For more information see document D13-372. 18379 Regular Session 09/10/13 City Manager’s Report and Council Calendar (D13-373 thru D13- 374). City Manager Cameron asked if there were any questions regarding the Manager’s report or the Council Calendar. Activities highlighted on the report were as follows: City Introduces UMW Students to Businesses and Services, Police Department Implements Crime Notification System, and Paving Program. Adjournment. There being no further business to come before the Council at this time, Mayor Greenlaw declared the meeting officially adjourned at 10:25 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 18380