City Council

Public Hearing 01/28/14 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 28, 2014 The Council of the City of Fredericksburg, Virginia, held a public hearing on Tuesday, January 28, 2014, beginning at 7:34 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. City Council Absent. Councilor Kerry P. Devine, out of town. Also Present. City Manager Beverly Cameron, City Attorney Kathleen Dooley, Planning Director Chuck Johnston, Debra Mathis, Zoning Administrator, Economic Development Director Karen Hedelt, Police Chief David Nye, Division Manager of Parks and Athletics Michael Ward, Public Works Director Doug Fawcett and Clerk of Council Tonya B. Lacey. Notice of Public Hearings (D13-29 thru D13-30). The Clerk read the notice of the public hearings as they appeared in the local newspaper, the purpose being to solicit citizen input. Ordinance 14-05, First Read, Granting a One Year Non-Exclusive Franchise to Blue& Gray Leisures, LLC to Provide Tour Services in the City (D13-29). – 2 speakers. After a brief staff overview Councilor Howe asked if 18503 Public Hearing 01/28/14 the operation had been reviewed by the Police Department regarding movement through the streets. Economic Development Director Hedelt stated that it had and she referred Mr. Fred Brady the owner to the Police Department early in the process. Councilor Howe also asked Mr. Brady if he was planning to expand to the individual cabs where the passengers do not have to pedal and he said he would, but he noted that every passenger does not have to pedal on the proposed cab. Ryguy Mau Muhammedd, 1112 Caroline Street, Chairman of the Fredericksburg Independent Green Party asked Council to think about getting involved in the promotional budget which is an effort to get people around Fredericksburg. He discussed the high cost of cabs. He said the focus should be more on buses and have the buses running more often. Hamilton Palmer, 1500 Princess Anne Street, stated that no vehicle could be greener than the proposed vehicle. Upon a motion Councilor Devine moved to approve Ordinance 14-05 on first read, granting a one-year non-exclusive franchise to Blue & Gray Leisures, LLC to provide tour services in the City; 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). Suspension of the Rules Approved. In order to place Ordinance 14-05 on second reading, Councilor Paolucci 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 14-05, Second Read, Granting a One Year Non- 18504 Public Hearing 01/28/14 Exclusive Franchise to Blue& Gray Leisures, LLC to Provide Tour Services in the City (D13-29). Upon a motion Councilor Paolucci moved to approve Ordinance 14-05 on second read, granting a one-year non-exclusive franchise to Blue & Gray Leisures, LLC to provide tour services in the City; 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 14-06, First Read, Rezoning Approximately 1,121 Acres from R-1 Residential to R-2 Residential, R-12 Residential, R-16 Residential, or R-30 Residential (D13-30). – No speakers. Upon a motion Councilor Kelly moved to approve Ordinance 14-06 on first read, rezoning approximately 1,121 acres from R-1 Residential to R-2 Residential, R-12 Residential, R- 16 Residential, or R-30 Residential; 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 14-07, First Read, Amending the Zoning Regulations to Repeal the R-1 Residential Zoning District (D13-31 thru D13-32). – No speakers. Upon a motion Councilor Kelly moved to approve Ordinance 14-06 on first read, amending the zoning regulations to repeal the R-1 Residential Zoning District; 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). 18505 Public Hearing 01/28/14 Amending the Zoning Regulations in the R-4 and R-8 Residential Zoning Districts to Adjust Front and Side Yard Setback and Building Height Requirements on Lots of Record Before 1984 (D13-31 & D13- 33). – 2 speakers. After staff review Councilor Kelly stated there were some concerns with the side setbacks issue that could possibly allow someone to build on the property line. This is a safety concern and could cause run off issues. He asked that no action be taken until decisions are made on how to handle the issues. He said the height is also a small problem. Councilor Paolucci asked for clarification on why the amendments for the Procedures Manual were not being proposed now along with the UDO changes and Mr. Johnston explained that the Manual would have a number of changes going before Planning Commission and later to Council, but they would not be ordinances. They are procedural changes only. Councilor Howe asked what Council should consider as a safe side setback and Mr. Johnston stated that there was no magic number because the building code allows the side yard to be built right on the property line. He said it’s a judgment call on what Council feels is safe and best for the community. Mayor Greenlaw noted that the purpose for the change was to keep the streetscape similar. Theron Keller, 347 Farrell Lane, noted there was one flaw with the side setbacks as presented he said if driveways were evenly split on both sides then the average would not allow for a driveway on either side. He suggested using the larger side and the smaller side to preserve and this would allow a drive way on either side. 18506 Public Hearing 01/28/14 Hamilton Palmer, 1500 Caroline Street, stated that using the 2010 tax maps to determine property lines was contrary to State Code because City employees who are not licensed professionals are not able to determine property lines. He suggested the burden be put on the applicant to provide the information. Upon a motion Councilor Howe moved to postpone action until the February 11 meeting; 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 14-08, First Read, Amending the Regulations in the R- 16 Residential and R-30 Residential Zoning Districts to Permit Additional Land to be Added to these Districts if it was Annexed by the City on January 1, 1984 (D13-31 & D13-34). – No speakers. Upon a motion Councilor Paolucci moved to approve Ordinance 14-08 on first read, amending the regulations in the R-16 Residential and R-30 Residential Zoning Districts to Permit Additional Land to be Added to these Districts if it was Annexed by the City on January 1, 1984; 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). Amending the Zoning Regulations in the Commercial Downtown Zoning District (D13-31 & D13-35). – 1 speaker. After staff overview Vice- Mayor Ellis expressed his concern with increasing the density from 24 units per acre to 36 units per acre. He felt the quality of the project would be jeopardized. 18507 Public Hearing 01/28/14 Councilor Kelly expressed how critical it was to maintain the City’s historic character. He said the loss of parking was an issue and he was very concerned with putting that size use in the downtown. He said it’s important to maintain the small town development in the area. He does not like the idea of having anything by-right in the Historic District. He suggested holding off action until after the Comprehensive Plan review. Mayor Greenlaw asked if the increase in units came out of the UDO steering Committees recommendations and Mr. Johnston said it came from the Planning Commission. She also asked if the 36 units per acre were currently allowed by special use permit or special exception and Mr. Johnston said they were allowed by special use permit. Councilor Paolucci asked if the Steering Committee had made any recommendations on the 36 units per acre and Mr. Johnston said they did not endorse or propose anything specific. Councilor Devine said there was no doubt that Council agrees with the multi-use, but the concern is with the increase in density and the lower percentage on the ground floor and she stated she would like to look at this again. Hamilton Palmer, 1500 Caroline Street, stated that the UDO Steering Committee did discuss this, but there was no consensus on it. He said one member wanted to maintain public space in exchange for the higher density that the public space be continued on the second floor of the building in the floodplain areas. There was no agreement from the Steering Committee. He said he had one comment and it was on the measurement of the 100 year flood. He said the measurements would cause the buildings 18508 Public Hearing 01/28/14 along Sophia and part of Caroline Street to potentially be the same height. He noted that JumpStart has the building stepping down toward the river. He said allowing some of the proposed heights may deter people from developing further inland because the buildings along Sophia would block the view of the river. Mayor Greenlaw said the ordinance does define the vision of what the City would like to see in the downtown. The downtown has the classic mixed use development. She said Council needed to determine how much control Council would like to have on the higher density and she said the buildings in the floodplain needed some flexibility. Upon a motion Councilor Howe moved to postpone action until the February 11 meeting; motion was seconded by Councilor Solley. Councilor Kelly stated that he did not think this could be resolved in two weeks and suggested waiting until the Comprehensive Plan review was complete. Councilor Solley said he did not want to wait until the Comprehensive Plan review was complete because that would take a year. Councilor Solley asked if some elements in the recommendation could be allowed by special use permits (SUP). Mr. Johnston said the three elements that deal with this is how to define mixed-use, what is the level of density is and whether it’s permitted or by SUP, and the height limit issue. He said he could come back and address each item individually. He said there are significant issues with trying to stipulate retail on the second floor, and they are difficult to make feasible. The motion passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Ellis, Devine, Howe, Paolucci and Solley. Nays (1) Councilor Kelly. 18509 Public Hearing 01/28/14 Ordinance 14-09, First Read, Amending the Zoning Regulations in the Commercial/Office Transitional Zoning District to Reduce the Area of the Ground Floor to be Used for Commercial Uses, to Exclude Commercial Uses on the Ground Floor to be Used for Commercial Uses, to Exclude Commercial Uses on the Ground Floor from the Floor Area Ratio Calculations, and to Reduce Required Open Space (D13-31 & D13-36). – No speakers. Upon a motion Councilor Howe moved to approve Ordinance 14-09 on first read, amending the zoning regulations in the Commercial/Office Transitional Zoning District to reduce the area of the ground floor to be used for commercial uses, to exclude commercial uses on the ground floor to be used for commercial uses, to exclude commercial uses on the ground floor from the floor area ratio calculations, and to reduce required open space; 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). Amending the Zoning Regulations in the Planned Development- Mixed Use Zoning District to Increase the Maximum Residential Density for Multi-Family Residential from 30 Units Per Acre to 36 Units Per Acre (D13-31 & D13-37). – No speakers. After staff overview Mayor Greenlaw asked where Planned Development Mixed Use would be within the City and Mr. Johnston said there were no specific areas or patterns, but generally they are near arterial highways and arterial highway intersections but the recommendation is general in its locations. 18510 Public Hearing 01/28/14 Councilor Kelly said he was not in agreement with increasing the density to 36 units per acre. He does not like the idea of maximizing development and could not support. Councilor Devine agreed with Councilor Kelly, stating there was no pressing issue to move this forward. Councilor Paolucci also agreed that there was no need to move forward with this item. Councilor Solley also agreed with the comments made, he said there are many different areas of downtown commercial and he felt there were some inconsistencies with the actual zoning as it is currently written and he said those needed to be cleared up first. Councilor Howe asked were there any applications on file and Mr. Johnston said there were no applications, but a property owner had asked about PDMU and he thought he was interested. Mayor Greenlaw asked if the increased density would be allowed by special use or special exception and Mr. Johnston said according to the way it was written it could possibly be allowed, but it was not clear. Councilor Kelly said he thought it could be presented as a special exception based on the way it’s defined. He also noted that Route 3 was a failing artery. Upon a motion Councilor Kelly moved to table amending the zoning regulations in the Planned Development-Mixed Use Zoning District to increase the maximum residential density for multi-family residential from 30 units per acre to 36 units per acre; motion was seconded by Councilor Paolucci and passed by the following recorded votes. Ayes (4). Councilors Greenlaw, Ellis, Kelly and Paolucci. Nays (3) Devine, Howe and Solley. 18511 Public Hearing 01/28/14 Ordinance 14-10, First Read, Amending the Zoning Regulations in the Gateway Corridor Zoning District to Exempt Single-Family Detached Dwellings from the Building Elements Guidelines (D13-31 & D13-38). – 1 speaker. Staff gave a brief summary of the ordinance. Hamilton Palmer, 1500 Caroline Street, said he would like to add Dixon Street, Charles Street and under the railroad along Charles Street to the overlay corridors. He had questions regarding the wording on exempting single-family buildings and the landscaping and site design standards and whether lighting was exempted. He also asked about building elements, orientation, treatment, entrance window guidelines and design guidelines. He asked if this just pertained to those specific building elements and he asked if treatment was defined in the UDO. Mr. Johnston said the intent was that any development dealing with the architecture of the building, such as the materials, window and doors would be exempt. The lighting would be a sight design issue so it would not be exempt. Upon a motion Councilor Kelly moved to approve Ordinance 14-10 on first read, amending the zoning regulations in the Gateway Corridor Zoning District to exempt single-family detached dwellings from the building elements guidelines; 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). Ordinance 14-11, First Read, Amending the Rules for Determining the Size of a Proposed Lot, by Listing “Environmentally 18512 Public Hearing 01/28/14 Sensitive Areas” in Lieu of Using Chesapeake Bay Resource Protection and Resource Management Areas, and Excluding Private Streets from the Lot Size or Area Calculation (D13-31 & D13-38). – no speakers. Upon a motion Councilor Kelly moved to approve Ordinance 14-11 on first read, amending the rules for determining the size of a proposed lot, by listing “environmentally sensitive areas” in lieu of using Chesapeake Bay resource protection and resource management areas, and excluding private streets from the lot size or area calculation; 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 14-12, First Read, Amending the Unified Development Ordinance to Clarify the Method for Measuring Building Height, to Define “Housing for Older Persons,” and to Amend the Definition of “Recycling Center” (D13-31 & D13-39). – no speakers. Upon a motion Councilor Solley moved to approve Ordinance 14-12 on first read, amending the Unified Development Ordinance to clarify the method for measuring building height, to define “housing for older persons,” and to amend the definition of “recycling center”; 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 9:09 p.m. 18513 Public Hearing 01/28/14 Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 18514 Regular Session 01/28/14 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 28, 2014 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, January 28, 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 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, Planning Director Chuck Johnston, Debra Mathis, Zoning Administrator, Economic Development Director Karen Hedelt, Police Chief David Nye, Division Manager of Parks and Athletics Michael Ward, Public Works Director Doug Fawcett and Clerk of Council Tonya B. Lacey. Opening Prayer and Pledge of Allegiance. Council was led in prayer by Councilor Frederic N. Howe, III, followed by the Pledge of Allegiance led by Mayor Greenlaw. Officer Recognized. Mayor Greenlaw recognized the presence of Officer Leo Manster at this evening’s meeting. Citizen Comment. No speakers came forward to participate in the citizen comment portion of this evening's meeting. 18515 Regular Session 01/28/14 Public Hearing Conducted (D14-29 thru D14-39). 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. Historic Signage Package – Councilor Kelly 7B. Neighborhood Improvement Program – Councilor Howe Historic Signage Package (D14-40). – Councilor Kelly stated that this was an issue that had been discussed off and on for years and there had been many discussions about doing a better job with wayside signs to tell the history. Mr. Nelson provided a preliminary list as well as the PowerPoint presentation he presented to Economic Development Authority (EDA). Councilor Kelly said he would like to move forward with going back to the EDA to see how much they were willing to invest in moving a wayside sign program forward. He said if this could be adopted it would be a plan that staff could use incase additional funding were to become available such as the enhancement funding. The EDA agreed to do a five year funding commitment. EDA was willing to match the total of City funding, if the City put $20,000 they would match it with $20,000 and in the following years they will match 50 percent of the City’s portion. Councilor Kelly made a motion to adopt the preliminary proposal provided by Mr. Nelson and to agree to put $20,000 in the upcoming budget; motion was seconded by Councilor Paolucci. Councilor Paolucci said she would like to proceed because there is a rich African American heritage in the City and it should be addressed. She said having the EDA 18516 Regular Session 01/28/14 support it was fantastic. Vice-Mayor Ellis said he echoed the same sentiments. He said these are the types of things that will drive people to the downtown. Councilor Solley said he agreed that this was an excellent idea and concept and he would like to see it move forward, but he hesitated to make any decisions on a budget that he had not seen yet. Councilor Howe said he agreed with Councilor Solley because there were several items he would like to place in the budget as well. He said he does support the wayside signs but he would like to see it presented with all the other wish list items. Vice-Mayor Ellis said he understood the concerns, but he was comfortable with the proposal because this was an investment to economic development to drive tourism downtown. Mayor Greenlaw said it would be out of line to make decisions on a budget item before budget season began. She said it was a needed project, but she would like to see it come back for discussion during budget time. Councilor Paolucci said she understood the concerns, but didn’t see this as a budget item. She said there are many existing signs that are out there that need to be refurbished and maintained. Mayor Greenlaw stated if that were the case then the funding should come out of the contingency fund. Councilor Howe made a friendly amendment to the motion to have the $20,000 appropriated out of the contingency fund. The amendment was accepted and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Ellis, Devine, Howe, Kelly, Paolucci and Solley. Nays (0). 18517 Regular Session 01/28/14 Neighborhood Improvement Package – Councilor Howe informed Council of a meeting that he and Councilor Paolucci would be having with the City Manager on January 30 at 2:30. He asked Council to have someone attend from the various neighborhoods to discuss possible projects. Vice-Mayor Ellis stated that he had heard from several folks regarding lights along Cowan Boulevard. Mr. Howe said it was on the list. City Manager’s Consent Agenda Accepted for Transmittal as Recommended (D13-41 thru D13-56). Following review and as recommended, Vice-Mayor Ellis 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). • Ordinance 14-01, Second 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” (D14-41). • Ordinance 14-04, Second Read, Updating and Clarifying the Regulations on Use of Parks and Other Public Property (D14-42). • Resolution 14-05, Second Read, Amending the Fiscal Year 2014 Budget by Appropriating Asset Forfeiture Funding (D14-43). 18518 Regular Session 01/28/14 • Resolution 14-07, Authorizing Fiscal Year 2015 Transit Grant Applications to the Virginia Department of Rail and Public Transportation (D14-44). • Resolution 14-08, Renewing the Non-Exclusive Franchise To Christine Kovacs, D/B/A Marriage, Carriage and More, to Provide Horse and Carriage Tour Services in the City (D14-45). • Transmittal of Boards and Commission Minutes o Board of Social Services – December 13, 2013 (D14-46). o Cable Commission – July 18, 2013 (D14-47). o Cable Commission – September 19, 2013 (D14-48). o Cable Commission – November 18, 2013 (D14-49). o Cable Commission – December 18, 2013 (D14-50). o Economic Development Authority – November 18, 2013 (D14- 51). o Fredericksburg Arts Commission – July 11, 2013 (D14-52). o Fredericksburg Arts Commission – August 1, 2013 (D14-53). o Fredericksburg Arts Commission – September 5, 2013 (D14-54). o Fredericksburg Arts Commission – November 6, 2013 (D14-55). o Potomac & Rappahannock Transportation Commission – December 5, 2013 (D14-56). Appointment to the Rappahannock Area Office on Youth – Christen Gallik (D14-57). Councilor Paolucci moved to appoint Christen Gallik to the Rappahannock Area Office on Youth; motion was seconded by Councilor Devine and 18519 Regular Session 01/28/14 passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Ellis, Devine, Howe, Kelly, Paolucci and Solley. Nays (0). Approval of Pilot Program for Alternative Refuse and Recycling Collection Methods in Two Neighborhoods (D13-58). Upon a motion and as recommended Councilor Paolucci moved to approve the pilot program for alternative refuse and recycling collection methods in two neighborhoods; 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 PPEA Proposal for Various Water and Sanitary Sewer Projects (D13-59). Upon a motion and as recommended Councilor Kelly moved to approve the consideration of a PPEA proposal for various water and sewer sanitary sewer projects; motion was seconded by Councilor Paolucci; and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Ellis, Devine, Howe, Kelly, Paolucci and Solley. Nays (0). Council Calendar (D13-60). City Manager Cameron had no further additions to the Council Calendar. Closed Meeting Approved (D13-61). Upon the motion of Councilor Devine, seconded by Councilor Paolucci and passed by the following unanimously recorded votes, Council approved a closed meeting under the Virginia Freedom of Information Act, Code Section 2.2-3711(A)(3) to discuss disposition of Real property for a public purpose, specifically, disposition of land fin Stafford County owned jointly by the City and County, for a local community college expansion where where discussion in 18520 Regular Session 01/28/14 open session would adversely affect the bargaining position or negotiating strategy of the City Council, Under Virginia Code and to discuss the performance of one or more specific City Council appointees, pursuant to the personnel exemption at Code Section 2.2-3711 (A)(1) of the City Code of Virginia . Ayes (7) Councilors Greenlaw, Ellis, Devine, Howe, Kelly, Paolucci, and Solley. Nays (0). Return to Open Meeting Approved. Upon the motion of Councilor Devine, seconded by Councilor Kelly and passed by the following unanimously recorded votes, Council approved a return to an open meeting. Ayes (7) Councilors Greenlaw, Ellis, Devine, Howe, Kelly, Paolucci, and Solley. Nays (0). Resolution 14-09 Approved Certifying Closed Meeting. Upon the motion Councilor Devine approved Resolution 14-09 certifying the closed meeting; 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). Adjournment. There being no further business to come before the Council at this time, Mayor Greenlaw declared the meeting officially adjourned at 10:59 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 18521 Regular Session 01/28/14 [This page intentionally left blank.] 18522