City Council

Public Hearing 01/14/14 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 January 14, 2014 The Council of the City of Fredericksburg, Virginia, held a public hearing on Tuesday, January 14, 2014, beginning at 8:00 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, Budget Manager Amanda Lickey, Fiscal Affairs Director Clarence Robinson, Assistant Director of Fiscal Affairs David McIndoe, Planning Director Chuck Johnston, Deputy Planning Director Erik Nelson, Community Development Planner Hunter Sullivan, Police Chief David Nye, Division Manager of Parks and Athletics Michael Ward, Transit Director Wendy Kimball, Public Works Director Doug Fawcett and Clerk of Council Tonya B. Lacey. Notice of Public Hearings (D14-02 thru D14-08). The Clerk read the notice of the public hearings as they appeared in the local newspaper, the purpose being to solicit citizen input. Resolution 14-01, Approved, Amending the Special Use Permit Granted to Quarles Petroleum, Incorporated to Replace Six Propane 18471 Public Hearing 01/14/14 Tanks with Six Tanks for Gasoline, Biodiesel, and Ethanol for Bulk Storage Use that Includes the Storage, Blending, and Distribution of Flammable Materials Onsite on Property Located at 1500 Beulah Salisbury Drive (D14-02). – 2 speakers. Hashmel Turner, 1909 New Kent Street, stated that he had been trying to have the ethanol tank cars moved away from the neighborhood and he asked if there would be additional ethanol tank cars coming to the rail yard. Mr. Larry Burgundy, Lincoln Terminal Co. said it would not have an incremental effect on rail cars. Ethanol can be sourced from numerous supply points and incremental demand for ethanol would not likely be sourced through the rail facility, because it’s very limited in scope. Councilor Paolucci thanked Mr. Burgundy and Mr. Ben Wafle from Quarrels Petroleum for delaying their application a month so that they could meet with the Mayfield Community. At the Mayfield meeting they discussed the tankers that are stored along the Mayfield track and they belonged to TransFlow and it was noted that TransFlow and the Quarrels’ operation were two separate operations. Councilor Kelly stated that he was surprised that the safety issues were not addressed and he would like to know what the safety issues maybe and what the plans were for those possible issues. Mr. Burgundy stated that he had spent months working with Deputy Chief Mike Jones. He stated that their industry is a terminal operator that is highly regulated and they have containment, overfill protection, alarm monitoring, and fire suppression all of which would not be found on tankers. He said it is their goal to keep things safe. Councilor Paolucci also noted that the Fire Chief and the Fire Marshall were at both the Mayfield meeting and the Planning Commission meeting and they 18472 Public Hearing 01/14/14 addressed those issues at both meetings and she said it should have been noted in the Planning Commission minutes. Councilor Kelly said this was an opportunity to let the public know if the City was able to handle an emergency issue and whether the Fire Department had the equipment and training to handle an emergency if one were to occur and if there was any additional equipment they may need. He said he did not see any of this addressed in the minutes. Councilor Paolucci said she wasn’t sure why the information was not in the minutes, but she went on to explain that Quarrels Petroleum houses a unit for the Fire Department on their property in case an incident were to occur at the railroad yard. She noted that Quarrels helped to fund some of the equipment and the additional foam so that it’s readily available. Mr. Wafle said the last time they were before Council to approve changes in the tank farm the Fire Department required them to put in a fire suppression system even though they were storing diesel fuel which did not require the suppression system. He said they have also had regular training with the fire department. Councilor Devine thanked Mr. Wafle and she said Fire Chief had given an overview when he talked about equipment and facilities as well as the hazmat training they have had over the years. She said they have been very proactive and she also noted that all the information was in the Planning Commission minutes. He said the Council meeting was a opportunity to let the Citizens know that the City was taking all the steps necessary to deal with this an any issues. Hashmel Turner, he said they appreciate all the safety measures that have been addressed, but he said there was still one entity that Mayfield had not had addressed and that was a plan of evacuation in case there was a catastrophe. 18473 Public Hearing 01/14/14 Ryguy Mau Muhammedd, 1112 Caroline Street, Chairman of the Fredericksburg Independent Green Party, stated that in other countries like the middle east they set up accounts for the citizens in their nation and as the oil was bought the money went into the Citizens accounts. He wanted to know if Council was going to address this with the government to get something similar set up here. Councilor Paolucci followed up on the comments regarding evacuation she said an evacuation plan had been addressed many times at the Mayfield meetings, but there could not be one standard evacuation plan because there are different types of products and each product would create a different scenario. Upon a motion and as recommended Councilor Paolucci moved to approve Resolution 14-01, amending the special use permit granted to Quarles Petroleum, Incorporated to replace six propane tanks with six tanks for gasoline, biodiesel, and ethanol for bulk storage use that includes the storage, blending, and distribution of flammable materials onsite on property located at 1500 Beulah Salisbury Drive; 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). Resolution 14-02, Approved, Amending the Special Use Permit Granted to Robert and Diana Almy for a Bed and Breakfast on Property Located at 123 Lee Drive, to Permit an Outdoor Event Venue with Off-Site Parking (D14-03 thru D14-04). – 5 speakers. Staff gave a brief staff overview. 18474 Public Hearing 01/14/14 Charlie Payne, Hirschler Fleischer Law Firm, representing the applicant. Mr. Payne explained that the application was an amendment to a prior special use permit (SUP) to allow outdoor events up to 200 people onsite and offsite. The offsite would be used for parking purposes only. He noted that the project would generate positive economic development. The applicant also hired a sound consultant to address previous comments regarding noise and he said that amplified events outdoors would end at 10 p.m. This project is expected to generate $500,000 in revenue onsite alone. Mr. Payne said the applicants were in agreement will all the conditions except the two year limit SUP condition. He asked that this condition be revoked because it would hinder the booking of wedding parties because is causes an unknown. He also stated that if there were any issues the City could revoke the SUP for violation. Councilor Paolucci stated that she thought the two year limit was removed at the Planning Commission level. Planning Director Johnston stated that after listening to the recording it was not removed, but he said City Council could revoke it if they wished. David Eddy, 310 Lee Drive, stated that he lives a quarter mile away and the Almy’s invited the neighbors to the Manor for a tour and it was his observation that the events would be seasonal and the vegetation would buffer any noise. He also noted that music at weddings is usually played at reasonable levels. He agreed that the 2 year SUP limit should be revoked. Warren Payne, 123 Lee Drive, they do not own the property, but he and his wife operate the business. He said their goal was to run a profitable and reputable business and to be a good neighbor. He said they have had a few guests and some are planning a return visit. They take this business very serious and want to be good neighbors. 18475 Public Hearing 01/14/14 Linda Downey, Hospitality Consultant for the Almy’s, she noted that the 2 year limit on the SUP would hinder bookings for wedding because most weddings are booked a year in advance and putting that 2 year limit would hinder those bookings because the SUP is not guaranteed to be renewed. Sabina Weitzman, (D14-04) 913 Maury Street, the architect who advised the Almy’s on the house. She said the house had many challenges but after its work this house is the perfect backdrop for weddings. She felt as though they have established reasonable limits on the hours of operation out or respect for their neighbors. She also stated that the Almy’s are taking all the right steps and she asked for Council’s support in this use for the Braehead grounds. Councilor Kelly asked if there were any violations of the SUP could it be revoked and he asked how the SUP conditions would be enforced and what level of a violation would come back as a revocation of the SUP. Mr. Johnston said any violation would be relied on by complaint particularly from the noise standpoint. Once a complaint is received it would be followed up by staff with the applicant and they would be given the opportunity to bring any violation into compliance and if not it would be brought back to Council for revocation. City Attorney noted that the noise ordinance was not written in terms of decibels but in audible standards, amplified sounds emanating from a property cannot be plainly audible 50 feet off the property boundary after 11:00 p.m. and between that time and 7:00 a.m. The noise ordinance is enforced by the Police and if a complaint is received an officer would be dispatched and it would be documented if there was an actual noise violation. This is the standard that is written in the SUP. 18476 Public Hearing 01/14/14 Councilor Devine added that the work in this application was outstanding and the conditions are appropriate excluding the time limit condition. She said this property was a wonderful opportunity for event to be held in the City. She said the parking solution has convinced her to fully embrace this project. Upon a motion and as recommended Councilor Devine moved approval of Resolution 14-02, amending the special use permit granted to Robert and Diana Almy for a bed and breakfast on property located at 123 Lee Drive, to permit an outdoor event venue with off-site parking revoking condition on the two year SUP limit; motion was seconded by Councilor Paolucci. Councilor Howe thanked that applicant for continuing to work on this project an for getting it off the ground. He said a few constituent had some concerns and others expressed their support. He applauded them for their work in making sure their neighbors were happy. The motion passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Ellis, Devine, Howe, Kelly, Paolucci and Solley. Nays (0). Ordinance 14-01, First Read Approved, to Permit an “Assisted Living Facility” by Special Use Permit in the Planned Development Commercial (PD-C) District, by Amending the Unified Development Ordinance Table 401.B: “Use Table” (D14-05). – 1 speaker. After a brief staff overview Councilor Kelly asked why Assisted Living was not included in this zone originally. Deputy Director of Planning Nelson said that at that time there were a tremendous amount of uses allowed but there was also a residential component that was allowed by right and when ordinances are written they don’t think of everything. 18477 Public Hearing 01/14/14 Councilor Kelly asked if there would be limitation like they have in residential uses. Mr. Johnston said it would not. Jervis Hairston, applicant, added that in the 80’s and 90’s there was something called institutional housing that was allowed in this district by SUP but he said overtime more precise uses such as assisted living have been added to planning and zoning jargon. He said it is more of a medical facility because it provides care around the clock. Upon a motion and as recommended Councilor Paolucci moved approval of Ordinance 14-01, on first read, to permit an “assisted living facility” by special use permit in the Planned Development Commercial (PD-C) District, by amending the Unified Development Ordinance Table 401.B: “Use Table”; 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). Ordinance 14-02, First Read Approved, Adopting the Conditional Zoning Authority Under Code of Virginia 15.2-2303 Instead of Code of Virginia 15.2-2298, by Amending Unified Development Ordinance Section 203.D.1 (D14-06). – no speakers. Upon a motion and as recommended Councilor Solley moved approval of Ordinance 14-02, on first read, adopting the conditional zoning authority under Code of Virginia 15.2-2303 instead of Code of Virginia 15.2-2298, by amending Unified Development Ordinance Section 203.D.1; 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). Suspension of the Rules Approved. In order to place Ordinance 14-02 on 18478 Public Hearing 01/14/14 second reading, Councilor Solley moved to suspend the rules; the 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). Ordinance 14-02, Second Read Approved, Adopting the Conditional Zoning Authority Under Code of Virginia 15.2-2303 Instead of Code of Virginia 15.2-2298, by Amending Unified Development Ordinance Section 203.D.1 (D14-06). – Upon a motion and as recommended Councilor Solley moved approval of Ordinance 14-02, on second read, adopting the conditional zoning authority under Code of Virginia 15.2-2303 instead of Code of Virginia 15.2-2298, by amending Unified Development Ordinance Section 203.D.1; 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 14-03, Approved, Accepting the Planning Commission’s Certification that the Leased Parking at 904 Princess Anne Street is Consistent with the Comprehensive Plan (D14-07). – no speakers. Upon a motion and as recommended Councilor Paolucci moved approval of Resolution 14-03, accepting the Planning Commission’s certification that the leased parking at 904 Princess Anne Street is consistent with the Comprehensive Plan; 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). 18479 Public Hearing 01/14/14 Ordinance 13-19, Second Read Approved, Authorizing the Vacation of a Portion of the Charlotte Street Right of Way, to Accommodate the Development of the Riverfront Park (D14-08). – no speakers. Councilor Howe was concerned that the easements would not be shown on the plans it may be forgotten about or built on top of. City Attorney Dooley stated that the idea was to consolidate the land into one parcel for the Riverfront Park and she agreed that the location of the agreements should be delineated and the action for approval is an ordinance that approved the vacation of the Charlotte Street right-of-way. Upon a motion and as recommended Councilor Solley moved approval of Ordinance 13-19, on second read, Authorizing the Vacation of a Portion of the Charlotte Street Right of Way, to Accommodate the Development of the Riverfront Park; 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). Adjournment. There being no speakers to come before the Council at this time, Mayor Greenlaw declared the hearing officially adjourned at 9:05 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 18480 Regular Session 01/14/14 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 January 14, 2014 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, January 14, 2014, 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 Frederic N. Howe, III, Matthew J. Kelly, Beatrice R. Paolucci and George C. Solley. Also Present. City Manager Beverly Cameron, City Attorney Kathleen Dooley, Budget Manager Amanda Lickey, Fiscal Affairs Director Clarence Robinson, Assistant Director of Fiscal Affairs David McIndoe, Planning Director Chuck Johnston, Deputy Planning Director Erik Nelson, Community Development Planner Hunter Sullivan, Police Chief David Nye, Division Manager of Parks and Athletics Michael Ward, Transit Director Wendy Kimball, 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 Greenlaw. Officer Recognized. Mayor Greenlaw recognized the presence of Officer John Fesq at this evening’s meeting. Letter of Appreciation to J. Gordon Brown for 4 Years of Service 18491 Regular Session 01/14/14 on the Architectural Review Board (ARB) (D14-01). Mayor Greenlaw presented Mr. Brown with a letter commending him for his work on the ARB for the past four years. Presentation of 2014 Comprehensive Annual Financial Report (CAFR). – Fiscal Affairs Director Clarence Robinson introduced Andrew Grossnickle, of Robinson, Farmer, Cox Accountants. Mr. Robinson turned the presentation over to Mr. Grossnickle. He reviewed the comprehensive report with Council and commended staff for their hard work during the audit. Councilor Paolucci asked for clarification on a statement in the introduction, page 5, regarding long term financial planning for a second garage next to the train station. Mr. Cameron stating that it was referring to the larger surface Virginia Railway Express parking lot. Councilor Ellis asked for clarification on page 11, Table 3 which shows Fiscal Year 12 and 13 general fund balances. Fiscal year 12 showed $88.3 million and Fiscal Year 13 showed $89.6 million but on page five it said Fiscal year had a decrease. Mr. Cameron explained that the primary reason for the decrease was that in 2012 the City received a one-time payment from the Virginia Department of Transportation for the Cowan Boulevard project. He said because of this the general fund was actually in the net positive. Mr. Grossnickle stated that the City had very positive revenue. Fiscal Affairs Director Robinson thanked the Assistant Director David MacIndoe and staff for doing an excellent job with the audit while he was out on medical leave. Introduction of Hunter Sullivan, Community Development 18492 Regular Session 01/14/14 Planner. Planning and Community Development Director Johnston introduced Mr. Hunter Sullivan the new Community Development Planner to City Council. Citizen Comment. The following speakers came forward to participate in the citizen comment portion of this evening's meeting. Brenda Wood, Treasurer stated that she was excited to have the opportunity to greet Council and to serve as an elected official. She said she hoped to work very closely with Council and she assured Council that the Treasurer’s office has always had an excellent rate on collections and she planned to continue that. John Howard, 205 Braehead Drive, spoke against the roundabout that was proposed for Lafayette Boulevard. He said due to the terrain the roundabout would cause problems because they are normally on flat level roads.. Public Hearing Conducted (D14-02 thru D14-08). The regular session was recessed in order to conduct the scheduled public hearings and immediately reconvened upon their conclusion. Council Agenda Presented. The following items were presented to Council. 7A. Riverfront Park – Councilor Solley 7B. Virginia Department of Transportation Commissioner – Councilor Solley Riverfront Park – Councilor Solley briefed staff that the contract had been signed with the contracting firm Rhodeside and Harwell and they met with the Riverfront Taskforce on Monday, January 17. There was an increase in the cost due to the 18 month lapse and because it added elements desired by Council and there was also an increase in the fee schedule which included some improvements in the contract. In the meeting, they 18493 Regular Session 01/14/14 discussed the schedule and approach to the contract, the design completion date which is scheduled for mid-August, they discussed outreach strategies, key issues and the taskforce provided Rhodeside and Harwell with their key issues with the Riverfront Park. The Taskforce also provided the key stakeholders to the design firm. On February 5 and March 5 the design team is scheduled to meet with Stakeholder groups. The first project open house is scheduled for March 8 and the Design Team and the Taskforce will invite the public to provide their input and there will be a website set up to provide information throughout the life of the project as well as a survey for the citizens to take. Councilor Kelly asked what that final amount was on the contract and what the additional services entailed. Mr. Cameron offered to post the contract on the website. Mr. Solley said the contract was $130,000 with an additional $10,000 option if necessary. The primary increase in cost was the addition of a contract with HRA an economic development consulting company and increases in the fees by the consulting firm. Virginia Department of Transportation Commissioner – Councilor Kelly informed Council that the Governor had appointed Charlie Kilpatrick as the VDOT Commissioner and Quinton Elliott as the Assistant Commissioner who is currently the VDOT director for this area. City Manager’s Consent Agenda Accepted for Transmittal as Recommended (D14-09 thru D14-16). 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). 18494 Regular Session 01/14/14 • Transmittal of the FRED Transit Progress Report – December 2013 (D14-09). • Transmittal of Boards and Commission Minutes o Board of Social Services – October 11, 2013 (D14-10). o Clean and Green Commission – November 4, 2013 (D14-11). o Planning Commission – November 13, 2013 (D14-12). o Potomac and Rappahannock Transportation Commission – November 7, 2013 (D14-13). o Recreation Commission – August 15, 2013 (D14-14). o Recreation Commission – October 17, 2013 (D14-15). o Tow Advisory Board – December 11, 2013 (D14-16). Adoption of Minutes (D14-17 thru D14-19). Councilor Devine moved approval of the September 24, 2013 Work Session and Regular Session minutes, October 8, 2013 Regular Session, October 22, 2013 Work Session, November 12, Work Session, and December 10, 2013 Regular Session; 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). Appointment to Memorials Commission – Jervis Hairston (D14- 20). Councilor Paolucci moved to appoint Jervis Hairston to the Memorials Commission; 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 14-04, Approving a Draft Virginia Stormwater 18495 Regular Session 01/14/14 Management Program Ordinance and Directing its Submission to Virginia Department of Environmental Quality for Review (D14-25). Councilor Paolucci moved to approve Resolution 14-04, approving a draft Virginia Stormwater Management Program Ordinance and directing its Submission to Virginia Department of Environmental Quality for review; 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 14-05, Approved, Amending the Fiscal Year 2014 Budget by Appropriating Asset Forfeiture Funding (D3-21). Upon a motion and as recommended Councilor Kelly moved to approve Resolution 14-05 amending the fiscal year 2014 budget by appropriating asset forfeiture funding; 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). Ordinance 14-03, First Read Approved, Rezoning Approximately 22 Acres of Land Known as “Telegraph Hill,” Located Near the Intersection of the Blue Gray Parkway and Lafayette Boulevard, Including Property Across from the Lee Drive Entrance to the National Park, From I-1 Light Intensity Industrial, I-2 General Industrial, R-2 Residential and R-4 Residential to PD-MU Planned Development – Mixed Use (D14-22). Councilor Kelly stated that he agreed that Lafayette boulevard was a mess and that the roundabout would cause problems, but he explained that the City 18496 Regular Session 01/14/14 must provide access to the property and the roundabout was the best solution. He also noted that the roundabout would be rather large and it would not have the tight turns that are found in the smaller roundabouts. He said that the developer had significantly reduced the amount of development on the property so he felt the roundabout would be able to handle the traffic. Councilor Kelly said that VDOT and the National Park Service had weighed in on the decision. Councilor Kelly moved to approve Ordinance 14-03, on first Read, rezoning approximately 22 acres of land known as “Telegraph Hill,” located near the intersection of the Blue Gray Parkway and Lafayette Boulevard, including property across from the Lee Drive Entrance to the National Park, from I-1 Light Intensity Industrial, I-2 General Industrial, R-2 Residential and R-4 Residential to PD-MU Planned Development – Mixed Use; motion was seconded by Councilor Howe. Councilor Howe expressed his support to the developer. He recognized the extra costs the developer had to endure to make this project happen. The motion passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Ellis, Devine, Howe, Kelly, Paolucci and Solley. Nays (0). Suspension of the Rules Approved. In order to place Ordinance 14-03 on second reading, Councilor Kelly moved to suspend the rules; the 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 14-03, Second Read Approved, Rezoning Approximately 22 Acres of Land Known as “Telegraph Hill,” Located Near the Intersection of the Blue Gray Parkway and Lafayette 18497 Regular Session 01/14/14 Boulevard, Including Property Across from the Lee Drive Entrance to the National Park, From I-1 Light Intensity Industrial, I-2 General Industrial, R-2 Residential and R-4 Residential to PD-MU Planned Development – Mixed Use (D14-22). Councilor Kelly moved to approve Ordinance 14-03, on second Read, rezoning approximately 22 acres of land known as “Telegraph Hill,” located near the intersection of the Blue Gray Parkway and Lafayette Boulevard, including property across from the Lee Drive Entrance to the National Park, from I-1 Light Intensity Industrial, I-2 General Industrial, R-2 Residential and R-4 Residential to PD-MU Planned Development – Mixed Use; motion was seconded by Councilor Howe and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Ellis, Devine, Howe, Kelly, Paolucci and Solley. Nays (0). Resolution 14-06, Approved, Establishing the Repair of the Jefferson Davis Highway Bridge Over Hazel Run as the City’s Virginia Department of Transportation Urban Program Priority Project (D14- 23). Councilor Kelly moved to approve Resolution 14-06, establishing the repair of the Jefferson Davis Highway Bridge over Hazel Run as the City’s Virginia Department of Transportation Urban Program Priority Project; motion was seconded by Councilor Paolucci and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Ellis, Devine, Howe, Kelly, Paolucci and Solley. Nays (0). Ordinance 14-04, First Read Approved, Updating and Clarifying the Regulations on Use of Parks and Other Public Property (D14-24). Councilor Solley asked why this needed to be an ordinance instead of simply posting 18498 Regular Session 01/14/14 signs. Mr. Eckstrom explained that they are placed in an ordinance so they can be enforced and these were the most common problems and they felt they needed to be put in an ordinance. The Parks Department will post signs in specific areas such as Motts Reservoir because they are more specific to boaters. The penalties for all of the violations are Class 4 Misdemeanors which is a $250.00 fine. Councilor Solley also asked why the Cowan Boulevard Trail and the Fall Hill Path that will be finished soon were not included and whether it will need to be amended each time a trail is added. Mr. Eckstom said the ordinance would have to be amended each time new properties are added and he explained by listing each of the properties puts the public on notice. Councilor Devine asked how the public will be made aware of their violations. Mr. Eckstorm said certain regulations would be posted, but not the entire ordinance. Mr. Ward explained that there are signs in all of their parks and he said the main problems they were addressing were alcohol in parks, failure to leave parks, and failure to leave facilities when rented. Chief Nye said frequently the officers warn a person of a violation first but if there isn’t a code to back it up and the person refuses to do as the officer request the officer is left in a bind, but if there is law on the books then the officer can do something about it. Councilor Paolucci moved to approve Ordinance 14-04, on first read, updating and clarifying the regulations on use of parks and other public property; 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). 18499 Regular Session 01/14/14 Quarterly Financial Report (D14-26). Budget Manager Lickey presented the financial update from July to December 2013. Revenue Collection was slightly above compared to the same period in the prior fiscal year. Approximately 57% of the general fund revenues had been collected. There was positive growth trend in the sales tax and meals tax. The expenditures were within reason for this time of year, she noted that they were slightly above 50% but there are some frontloaded expenditures. Councilor Howe asked if Council could get a status report on the courts project and any other projects within the City. City Manager’s Report and Council Calendar (D14-27 thru D14- 28). 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: 9th Annual Restaurant Week January 17-27, Department of Social Services receives Walmart Grant, Economic Development and Tourism Launces Data Center Website Feature, Downtown Arts and Cultural District Applications for 2014, Cops and Kids, Department of Social Services recognized for their work in Adoptions and City Planner Submits Article. City Manager Cameron updated Council on several additional items: the leased parking lot at 904 Princess Anne Street, that it was now open. It has 40 parking spaces from 6:00 p.m. to 6:00 a.m. weekdays and 24 hours on Saturday and Sundays. He thanked Parks & Public Facilities Director Robert Antozzi and staff for getting it ready before Restaurant Week. He also stated that the Virginia Public School Authority (VPSA) reported that portions of the City’s 2004 school bonds have been refunded by the VPSA and this will reduce debt service costs to the City. The City will receive a one- 18500 Regular Session 01/14/14 time credit in the amount of $1.7 million and over the life of the bond 1/15 of that savings annually will be applied to the principle and interest payment. He told Council to check out the Washington Post Magazine because the Fredericksburg Fire Department was featured in it, and finally, he reminded Council of the Friday, January 24 meeting with the Planning Commission, City Council and Economic Development Authority in regards to updating of the Comprehensive Plan. Adjournment. There being no further business to come before the Council at this time, Mayor Greenlaw declared the meeting officially adjourned at 10:05 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 18501 Regular Session 01/14/14 [This page intentionally left blank.] 18502