City Council

Public Hearing 11/12/13 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 November 12, 2013 The Council of the City of Fredericksburg, Virginia, held a public hearing on Tuesday, November 12, 2013, beginning at 8:10 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 Cameron, City Attorney Kathleen Dooley, Assistant City Attorney Robert Eckstrom, Planning Director Chuck Johnston, Zoning Administrator Debra Mathis, Public Works Director Doug Fawcett and Clerk of Council Tonya B. Lacey. Notice of Public Hearings (D13-438 thru D13-439). The Clerk read the notice of the public hearings as they appeared in the local newspaper, the purpose being to solicit citizen input. Resolution 13-102, Approved, Granting a Special Use Permit to Cowan Crossing, LLC for a Retail Sales Establishment/Pharmacy on Property Located at the Southwest Quadrant of the Intersection of Cowan Boulevard and Jefferson Davis Highway (D13-438). – 3 speakers. 18417 Public Hearing 11/12/13 After a brief staff presentation Councilor Devine asked for clarification on whether the CVS would include a drive-thru and if so, could the hours be limited and Zoning Administrator Mathis said there would be a drive-thru and the hour could be added as a condition. Vice-Mayor Ellis asked for clarification on the façade of the building and City Attorney Dooley explained that the condition states that it could be one of three materials. She also stated that if Council preferred brick they could make that part of the motion. Planning Director Johnston explained that the UDO does not address drive-thru’s and he added that he would take a look at this because it needed to be changed. Councilor Paolucci asked if drive-thru’s were addressed in the previous ordinance and Mr. Johnston stated they were not. Jervis Hariston, 1003 East Kensington, representative for the Silver Cos. stated that he thought it was planned to be a 24 hour drive-thru and they had already discussed the noise level with CVS, but offered to do additional work with CVS on the noise. He also clarified that the building would primary be brick with some split block. He added that the Silver Cos. had worked closely with the immediate neighbors and they have been able to implement some of the improvements that concerned the neighbors. He said they would continue to be cognizant to be sure there aren’t any problems for the neighbors. Councilor Howe asked if the properties were going to be sold or land leased and Mr. Hairston stated they would be land leased initially. He asked if there would be provisions within the land lease that the lessee is responsible for abatement and if not could it be added in case the homeowners are not happy with recourses. Mr. Hairston said he thought that was fair. 18418 Public Hearing 11/12/13 David Nye, 1504 Keenland Road, spoke in support of the special use permit. He like the idea that he could walk to the shopping center and he added that it’s not out of character with the other businesses in the areas. He also expressed his appreciation to the staff and the Silver Cos. for working closely with the neighbors to help mitigated issues by constructing a berm, fence and landscaping. He also stated that he was comfortable with the noise issue. Steven Hoover, 1506 Keenland Road, spoke in support of the CVS project and he said the Silver Cos. has gone out of their way to make sure all the concerns and problems have been mitigated. Upon a motion and as recommended Vice-Mayor Ellis moved to approve Resolution 13-102, approving a special use permit to Cowan Crossing, LLC for a retail sales establishment/pharmacy on property located at the southwest quadrant of the intersection of Cowan Boulevard and Jefferson Davis Highway; motion was seconded by Councilor Howe. Vice-Mayor Ellis thanked the Silver Cos. for going above and beyond for the residents who are affected by this project. The motion passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Ellis, Devine, Howe, Kelly, Paolucci and Solley. Nays (0). Resolution 13-103, Approved, Granting a Special Use Permit to 400 Lansdown Road, LLC for a Transportation Recycling Facility Located at 400 Lansdown Road (D13-439) – 2 speakers. After staff presentation Councilor Devine asked whether the fence would be solid and Zoning Administrator Mathis stated it would be solid. 18419 Public Hearing 11/12/13 Charlie Payne, with Hirschler Fleischer, representing the applicant, he was also joined by Erik Sullivan with SDI, Zeek Moore the Civil Engineer, Betsy Sale landscaping consultant, and Marlee Parker with Dominion Engineering Consultants. The applicant is a local business that’s been in the area for some time. They currently own a used car dealership on Route 1 and they sell used car parts particularly Japanese and German vehicles and parts. They are looking to develop a recycling center at 400 Lansdown Road, which is currently vacant. This would be an adapted reuse of the property. It was previously the CVS Wholesale Distribution Center. The use would be less intensive than the prior use. The site will be used for warehousing of the parts that have been dismantled and it will also be used for storage of cars that are purchased for resale at the Route 1 location, primarily for the detailing of the cars. They will initially dismantle 1-3 cars per day and at full operation up to 15 cars per day. At full operation they plan to have 25-30 employees at the site. Attorney Payne noted that the applicant was making a significant investment into the property in upwards of $4 million which includes acquisition and utilizing the complete facility about 86,000 square feet on 6.6 acres. The fence will be a solid metal fence, 8 feet in height and will have a security guard. There will be an extensive landscaping plan along Lansdown Road as well as along the building against Lansdown Road. They will install security cameras and they will add paving areas for the temporary storage of vehicles on both the north and south sides. The front storage area will have curb and gutter and the back will have asphalt berms. They will be submitting a site plan for approval and a stormwater management plan. He said because of his clients use they must be permitted by Department of Motor Vehicles and DMV will not license until they get permitting approval from Department 18420 Public Hearing 11/12/13 of Environmental Quality (DEQ). He said they will go through the normal process that all industrial properties must go through. All fluids activity, from the cars, will be self- contained and will not be discharging from the site and a third party vendor will pick the fluids up. In closing, he said they agree with staff’s conditions that are proposed. Councilor Paolucci asked if the applicant had an issue with Council being specific in the conditions on the type of fence and Attorney Payne said that would not be a problem. She also asked about the 25 foot right-of-way condition that was added after Planning Commission’s approval and how that was resolved. Attorney Payne said originally it was his understanding that there were only going to be 5 conditions without the right-of-way requirement and in the final staff presentation he learned there would be 6 conditions, adding the 25 foot right-of-way dedication. He said he had the engineer take a look at it to see if it would affect their storage or landscaping area and it does not, so they agreed to provide the right-of-way dedication. Councilor Solley asked what environmental upgrades were necessary in order to change the use in order to bring it up to standard. Attorney Payne said Kevin Utt and others had addressed this issue so they anticipated it. Mr. Moore, Civil Engineer said they have identified some areas and concepts that they use for stormwater management. He said he’s not sure of the specifics, but he knows they will have to compensate for anything that’s added and reduce what’s already there by 10 percent. He said there is a large island that will stay and they plan to put in curb cuts and bio-filters. He said there is also a drainage swale in the back of the building and they think it can be broadened to trap and hold back the water a little. Attorney Payne reiterated that the fluids are all self- 18421 Public Hearing 11/12/13 contained and the asphalt berms will hold back anything that may get past, but this all has to be approved by DEQ prior to getting a license to operate. Councilor Howe asked what the catalyst was for the requirement of the 25 foot right-of-way dedication and Planning Director Johnston said it evolved subsequent to the Planning Commission’s meeting when the new Development Administrator Marne Sherman reviewed the application and noted that Lansdown was a 40 foot right-of-way and a minimum standard for the City was a 50 foot right-of-way. She also check what the long term plans were for Lansdown Road in the future and in both the City and Spotsylvania there are plans for a four lane road . After consulting with the City Attorney and for legal premises Mr. Johnston thought it was appropriate that the minimum standard be provided for. Councilor Howe asked whether this was a result of the new UDO and Mr. Johnston explained that there is a paragraph that addressed this as it relates to a subdivisions, but there was not a parallel as it related to site plans. He said they were moving several UDO amendments forward to the Planning Commission and they will come forward to the Council and this was one of those proposed changes. Councilor Howe expressed his concerns with items like this popping up at the last minute. Attorney Payne clarified that he had a great relationship with staff and he did not want to infer otherwise or believe that anything had snuck past them. He said they looked at it in a fair cooperative manner and determined it would not have any adverse effects on their project, so they agreed to it. Bob Burton, President of Burton Menswear Incorporated, 11306 Stonewall Jackson Drive stated that he had two issues with the special use permit; the first was the 18422 Public Hearing 11/12/13 appearance of the eight foot fence. He did not think it would give a good impression to those coming into the City. He understood that this was a good use and would bring jobs into the City, but he felt this type of use should be in a cul-de-sac or a dead in road and not on the gateway into the City. Secondly, he was concerned with hazardous materials possibly running onto his property through the cracks in the pavement. Attorney Payne said he appreciated the concerns, but generating tax revenue for all jurisdictions is important and it’s a priority. He said what they are proposing is a project that will generate tax revenues in upwards of $100,000 per year. It provides an adaptive viable use to a property that has been vacant for some time. This is a viable and unique opportunity for this site. Upon a motion and as recommended Councilor Paolucci moved approval of Resolution 13-103, granting a special use permit to 400 Lansdown Road, LLC for a transportation recycling facility located at 400 Lansdown Road with condition 4 to be specific on the height and type of fence; motion was seconded by Councilor Howe. City Attorney said read a sentence out of the General Development Plan (GDP) to clarify the motion made that reads, “the perimeter fence shall be colored solid corrugated metal panels, eight feet tall, with one entrance point, and shall be constructed prior to the commencement of the use” and Councilor Paolucci agreed that this should be the language. City Attorney Dooley also noted that there was a revision to the GDP that was submitted to show the dedication as Mr. Payne referred to and the resolution refers to the GDP and she would like to amend that to say last revised November 12, 2013. Motion passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Ellis, Devine, Howe, Kelly, Paolucci and Solley. Nays (0). 18423 Public Hearing 11/12/13 Adjournment. There being no speakers to come before the Council at this time, Mayor Greenlaw declared the hearing officially adjourned at 8:55 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 18424 Regular Session 11/12/13 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 November 12, 2013 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, November 12, 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 Cameron, City Attorney Kathleen Dooley, Assistant City Attorney Robert Eckstrom, Planning Director Chuck Johnston, Zoning Administrator Debra Mathis, Public Works Director Doug Fawcett 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 Officer Leo Manster at this evening’s meeting. Proclamation Recognizing Berkley Mitchell for His Years Served on the Planning Commission (D13-434). Mayor Greenlaw presented Berkley 18425 Regular Session 11/12/13 Mitchell with a proclamation as she expressed her appreciation for his outstanding service to the City of Fredericksburg. Mr. Mitchell thanked the Mayor for the proclamation and he stated that he enjoyed his time on the Planning Commission. He also commended the Mayor and Council for their service. Proclamation Proclaiming the Month of November Home and Hospice Care Month (D13-435). Mayor Greenlaw presented Terri McCormack with a proclamation proclaiming the month of November as Home and Hospice Care Month and she urged citizens to celebrate all in home health hospice and community base services. Presentation of the 2013 “Michael Hoffman Award” – Elizabeth Crowell President of the Council of Virginia Archeologist presented the Mayor with the Michael Hoffman Award for the City’s significant contributions to historic preservation in the Commonwealth of Virginia. Presentation on the Summary of the Riverfront Archeology (D13- 436). Kerri Barile with Dovetail Cultural Resource Group presented a PowerPoint presentation on the results of the Riverfront Archaeological Survey. In the presentation she covered the history and project methodology, results from the field work and the recommendations for future work. See D13-__ for additional information. Citizen Comment. The following speakers came forward to participate in the citizen comment portion of this evening's meeting. Emily Taggart, 801 Marye Street, thanked the Council for having the Historic District Ordinance review on the agenda. She expressed her concern that the historic 18426 Regular Session 11/12/13 district ordinance and stated that the enforcement was flawed. She said it’s important for the Architectural Review Board (ARB) to review small projects like walls, fences and windows and she would like to see this changed. Mary Ellen Wheeler, 1201 Princess Anne Street, also commented on the historic district ordinance. She stated that she was one of nine citizens who signed a letter that was sent to the Planning Department and she said the response from Mr. Johnston was very thorough and she agreed with his suggestions. She felt the historic district ordinance was excellent and the applications and forms were very clear, as well as the guidelines written by staff. She said those are not the problem, she believes there needs to be a connection with the building permitting. Ms. Wheeler feels that a slight majority of the issues that come before the ARB don’t require building permits. She feels the major issue is that the City is not requiring residents to abide by the ordinance and she felt the city was slowly losing its assets. Shawn Maroney, (D13-437) 3004 Normandy Avenue, Director of the Historic Fredericksburg Foundation. Mr. Maroney spoke in support of item 7A Historic District Review. He added that there had been some encouraging signs of progress on preservation, in particular the short and long-term protection of the City’s historic downtown. He said the Memorandum of Understanding between the City and HFFI provided stronger protections against unnecessary demolition and it laid out a vision for a more proactive approaches to local preservation. He said there have been financial investments with the return of the Mainstreet program, numerous façade improvements and several rehabilitation projects and these all show commitment on behalf of the residents. He also noted there had been a number of cases that have had issues with 18427 Regular Session 11/12/13 inconsistencies and confusion with regards to the historic district ordinance and the policies and procedures Richard Hensen, 109 Kinloch Drive, also spoke regarding the historic district ordinance and he was appreciative of the response from the Planning Director in response to the letter that was submitted by several concerned citizens. He asked Council to support Councilor Kelly’s recommendation. Public Hearings (D13-438 thru D13-439). The regular session was recessed in order to conduct the scheduled public hearing and immediately reconvened upon their conclusion. Council Agenda Presented. The following items were presented to Council. 7A. Historic District Review – Councilor Kelly 7B. Archeology Working Group – Councilor Kelly 7C. Special Exception Review – Councilor Kelly Historic District Review (D13-440). – Councilor Kelly addressed concerns regarding maintaining the historic character of the City, but not only in the downtown area, but throughout the City. He said there was a good historic district ordinance in place, but there seems to be lack in the area of process and procedures and possibly resources. He said it became clear that the ordinance needed to be reviewed in a public manner so that it could be reestablished what it means to the City. It is imperative that a person moving into the historic district knows the rules and know that they will be enforced and applied evenly. Councilor Kelly outlined the issues as follows: clarification on who has authority to make decisions regarding modifications to structures without 18428 Regular Session 11/12/13 bringing the proposed changes before the Architectural Review Board (ARB); there are no procedures in place to properly document, decisions made regarding projects in the historic district made outside of the ARB process; there is no criteria or process in place on how to deal with violations of the historic district ordinance; there are concerns regarding legal recourse involved in enforcing the historic district ordinance and there are concerns related to staffing, and resources, to ensure enforcement of the historic district ordinance. Councilor Kelly recommended that the ARB hold a public process to conduct a review of the Historic District Ordinance and focus on the issues they identify as they relate to procedures, process and enforcement and present the recommendations to Council for review. Mayor Greenlaw explained that a letter had been received from several citizens who were informed and concerned with the historic preservation and the effective implementation of the City’s historic district ordinance and there was a response from the Planning Director addressing the concerns in the letter. Staff proposes to require building permits in the replacement of windows, roofs and sidings on building in the historic district. She said staff also proposed to devise written procedures for determining what would constitute character defining material changes as stated in the code. She noted that Council would be discussing this at a work session in December and would be referring it to the ARB. Councilor Howe asked if the enforcement could be contracted out and City Attorney Dooley explained that the historic district is part of the zoning regulations so it has the same enforcement authority that’s used for zoning regulations. She said it begins 18429 Regular Session 11/12/13 with a notice of violation that informs the owner or occupant of the violation and refers them to the code section that has been violated and orders them to abate or remedy the violation and they are given a reasonable time to do so. The violations are appealable to the Board of Zoning Appeals (BZA) and are enforceable in General District and Circuit Courts. The City can also seek injunctions to make the person bring a violation into compliance. She said she’s never heard of this being contracted out because it’s a core function of the City and it’s something the City is staffed to do. Councilor Howe suggested contracting this out since there seemed to be a problem with enforcement. Councilor Paolucci stated that her understanding with the enforcement was with the Building and Development Department and the Planning Department and trying to get them connected with the new building code which states that a building permit is not required for replacement of windows, doors etc. In the past, when a building permit was applied for in the Historic District than the Planning Department was made aware and the ARB process was started, but after the Virginia Building code was changed and the building permit were no longer required that’s when projects started getting past. She agreed that a work session was the first step in trying to rectify the problem and she agreed there was a documentation issue that needed to be addressed as well. Mr. Johnston noted that there is good documentation when a building permit is required and he said there needed to be something defining what’s relatively minor, and what is a significant character defining issue. He said he doesn’t believe additional manpower is needed, but he’s not sure until these items are defined. He said having an architectural historian to answer some of the hard questions could be beneficial. Councilor Kelly moved to recommend that the ARB hold a public process to 18430 Regular Session 11/12/13 conduct a review of the Historic District Ordinance and focus on the issues they identify as they relate to procedures, process and enforcement and present the recommendations to Council for review; 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). Archeology Working Group (D13-441). – Councilor Kelly asked that Council approve establishment of the Archeology Working Group to include the following: Sean Maroney, Historic Fredericksburg Foundation; Chris Uebelhor, Fredericksburg Area Museum; Eric Mink, National Park Service; Chris Hornung and Larry Wellford, Development Community (2); Douglas Sanford, UMW Preservation Department; Bill Beck, Fredericksburg Mainstreet; David Muraca, Kenmore/Ferry Farm; and Councilors Paolucci and Kelly and Erik Nelson, Planning Staff member as staff support only; 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). Special Exception Review (D13-442). – Councilor Kelly stated that questions were raised about the use special exceptions and the criteria used in recent Council decisions. He said that under the new Unified Development Ordinance (UDO) the city has expanded uses in a number of zoning classifications and the Council has adopted a number of overlay districts in an effort to meet stated goals in areas such as preservation and economic development and continue to allow special exceptions in these areas. He said the City does not have a good track record for explaining the reasons why they are approving special exceptions. 18431 Regular Session 11/12/13 Councilor Kelly made a motion asking the Planning Commission to review the City’s regulations on special exceptions and determine whether they should be maintained as written, modified or eliminated; motion was seconded by Councilor Paolucci. Councilor Solley said he has no objection to the Planning Commission reviewing the special exceptions, but he does not agree with the characterization of the special exception. He said there is good reason for special exceptions because sometime there are situations in zoning that are not anticipated and there may be good reason for going against the underlying zoning. Councilor Kelly said he agreed with Councilor Solley’s sentiments, but added that there are times the special exception is used and it doesn’t meet the criteria and he feels it should be used to meet specific City goals or wants. The motion 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 (D13-443 thru D13-447). Councilor Howe pulled item 8A for discussion. Transmittal of the FRED Transit Progress Report – October 2013 – Councilor Howe addressed the lack of seating and shelters for high volume areas bus stops where the riders are sitting on walls, fences and leaving their litter behind. He offered to work with Transit to locate those areas. City Manager Cameron said he would look into it and report back to Council. Councilor Paolucci said an extensive study had just been done on shelters and she offered to share the report. She also explained that many of the stops do 18432 Regular Session 11/12/13 not have enough right-of-way to place shelters. Following review and as recommended, Councilor Kelly moved approval of the 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 the FRED Transit Progress Report – October 2013 (D13-443). • Rescinding and Readopting Resolution 13-100, Authorizing the City Manager to Apply for $10,000,000 in Fiscal Year 2015 Virginia Department of Transportation Revenue Sharing Funds for Street Rehabilitation (D13-444). • Transmittal of Boards and Commission Minutes o Board of Social Services – September 9, 2013 (D13-445). o Economic Development Authority – September 9, 2013 (D13-446). o Planning Commission – October 9, 2013 (D13-447). Adoption of Minutes (D13-448 thru D13-449). Councilor Howe moved approval of the August 27 and October 22, 2013 Work Sessions and the October 22, 2013 Public Hearing and Regular Session minutes; 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). Appointment to the Board of Zoning Appeals – Matthew Muggeridge (D13-450). Councilor Devine moved to appoint Matthew Muggeridge to the Board of Zoning Appeals; motion was seconded by Councilor Paolucci and passed 18433 Regular Session 11/12/13 by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Ellis, Devine, Howe, Kelly, Paolucci and Solley. Nays (0) Appointment to the Planning Commission – James Pates (D13- 451). After the recorded votes taken, James Pates was appointed to the Planning Commission with a vote resulting between applicants. Jason Graham, Joseph Henderson, James Pates, and Rene Rodriguez. Graham (1) Kerry Devine. Henderson (1) Mayor Tomzak. Pates (4) Councilors Ellis, Kelly, Paolucci, Solley. Rodriguez (1) Councilor Howe. Resolution 13-104, Approved, Amending the City’s Spot Blight Abatement Policy (D13-452). Upon a motion and as recommended Councilor Solley moved to approve Resolution 13-104 amending the City’s Spot Blight Abatement Policy; 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 13-105, Approved, Amending the Fiscal Year 2014 Budget to Appropriate $10,000 in General Fund Contingency for Consulting Assistance to Begin the Comprehensive Plan Update (D13- 453). Councilor Devine moved to approve Resolution 13-105, amending the fiscal year 2014 budget to appropriate $10,000 in general fund contingency for consulting assistance to begin the Comprehensive Plan Update; 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). 18434 Regular Session 11/12/13 Resolution 13-106, Establishing a List of Consulting Engineering Firms to Provide on Call Engineering Services (D13-454). Councilor Kelly asked how Kimley Horne made it to the final list of four and Public Works Director Fawcett explained that 5 firms were interviewed and one was not very strong. Councilor Kelly stated that he would support the resolution, but he had issues with Kimley Horn being on the list. Councilor Devine moved to approve Resolution 13-106, establishing a list of consulting engineering firms to provide on call engineering services; motion was seconded by Councilor Solley and passed by the following unanimously recorded votes. Ayes (6). Councilors Greenlaw, Ellis, Devine, Kelly, Paolucci and Solley. Nays (1) Howe. Legislative Agenda (D13-455). City Manager Cameron asked City Council to consider the legislative agenda for the 2014 Session of the General Assembly. He suggested bringing it back at the November 26 meeting for approval. Councilor Kelly stated that Potomac, Rappahannock Transportation Commission was in the process of working on their legislative agenda and they may include in their agenda a request to modify the criteria in the governor’s transportation plan to allow this district to have the same authorities as Northern Virginia and Tidewater regarding raising additional taxes or funding locally for transportation projects. He explained that we do not have the funding to support the transportation infrastructure in this region, but most of the funding was being funneled to Northern Virginia and Tidewater. He asked for Council’s approval to have this added to the FAMPO Agenda. Council agreed. Councilor Devine thanked City Attorney Dooley and City Manager Cameron for 18435 Regular Session 11/12/13 working on the item that supported the Arts Commission. Councilor Kelly also thanked staff for getting together with the jail and he asked that staff start the Legislative agenda process earlier in the year. Mayor Greenlaw recognized the efforts of City Attorney Dooley for following up on the City’s agenda and informing Council of what’s going on at the General Assembly. City Manager’s Report and Council Calendar (D13-456 thru D13- 457). 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: Fredericksburg Holiday Ornament Uses Local Artistry, Bond Rating Agency Monitoring, Dominion Power Projects, Downtown Tree Well Rehabilitation Project, Recreation Commission Banquet, Grounds Maintenance Request for Proposal, Urban Trail Ride, Preservation Conference, Over the Edge Fundraiser, New Police K-9 Team, and Holiday Parking Extended in the Downtown Commercial District. City Manager Cameron also noted that there would be an R-Board meeting November 20 to discuss the revised request for proposal for a waste to energy facility. The Commonwealth Transportation Board meets in Richmond December 4 and they will receive a report from Charlie Kilpatrick, Chief Deputy Commissioner of Transportation and he will talk about Transportation issues in Fredericksburg. Staff began the recruitment process for a Transit Director; the announcements are on the website, VML’s marketplace and in various transit related online websites. The Closing is December 6. Information Technologies and the City Attorney’s offices will be moving to the Executive Plaza beginning November 22 and they are moving to the second floor of the 18436 Regular Session 11/12/13 Executive Plaza. Transit has an open House scheduled for their new maintenance facility on Wednesday, November 13 at 5:00 p.m. Adjournment. There being no further business to come before the Council at this time, Mayor Greenlaw declared the meeting officially adjourned at 10:01 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 18437 Regular Session 11/12/13 [This page intentionally left blank.] 18438