City Council

Public Hearing 04/22/14 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 April 22, 2014 The Council of the City of Fredericksburg, Virginia, held a public hearing on Tuesday, April 22, 2014, beginning at 7:57 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, Assistant City Manager Mark Whitley, City Attorney Kathleen Dooley, Budget Manager Amanda Lickey, Planning Director Charles Johnston, Economic Development Director Karen Hedelt, Public Works Director Doug Fawcett, and Clerk of Council Tonya B. Lacey. Notice of Public Hearings (D14-160 thru D14-165). The Clerk read the notice of the public hearings as they appeared in the local newspaper, the purpose being to solicit citizen input. Proposed Increase in Real Estate Tax Rate (D14-160). – 5 speakers. Budget Manager Lickey stated that the current tax rate for the City was $0.74 per $100 valuation. The Council advertised a tax rate for comment of $0.80 per $100 valuation. Ms, Lickey explained that a lower rate could be adopted, but a higher rate could not be 18601 Public Hearing 04/22/14 adopted without advertising and holding a public hearing on that rate. Each penny on the tax rate is estimated to generate an additional $360,000 in revenue for the City. Mayor Greenlaw noted that the budget had been on the City’s website for review by the public. Councilor Kelly agreed that it’s been on the website, but it was for $0.00 tax increase and City Council has come up with $2.4 million worth of projects and he requested the list of projects be posted on the website for the citizens to see. He also requested that a 5 year projection be posted as well for the citizen to see what Council has been working on. Councilor Ellis further explained that the $0.06 increase was not just a number Council made up and without some sort of increase in the taxes some services may not get funded, such as paving street, a cost of living for the employees, operations of the courthouse, improvements of sidewalks, lighting and water and sewer improvements. Councilor Howe stated that staff had put together a bare bones budget but the courthouse would be a $0.09 increase to the budget. He said he proposed a $0.09 increase to the taxes so the City could pay the bills at the courthouse. He also noted that Council had funded a program to help make improvements to the older neighborhoods. George Beddoe, 1014 Albert Reynolds Drive – said he was shock to read that the Council had limited the tax increase to $0.06. He said there were great needs in the City and the citizens expect for those needs to be met. He would like to see the real estate taxes raised to the highest level possible. Mr. Beddoe said the classrooms are overcrowded and children cannot learn in that environment. He also added that the City was failing at recognizing the cost of the new courthouse. He said there needed to be 18602 Public Hearing 04/22/14 realistic cost of living increases for all employees as well as teachers. He listed several unfunded needs and cost to include the needs at the Fire Department, a Purchasing Officer, capital projects managers and sheriff’s employees. He urged Council to increase the budget by $0.06 or more. Hamilton Palmer, 401 Charles Street, stated that he doesn’t mind paying his fair share of taxes, but noted that it’s getting harder and harder for the residents that are paying taxes. He reminded Council that they had given the school board some money to spend locally and he said that wasn’t done. He added that the City created a Request for Proposal, but it excluded many of the smaller firms in the City which would be able to give back to the City. Mr. Palmer also asked that the lateral sewer line on Charles Street that does not drain be replaced during the City’s PPEA project. Regarding future budgets he asked that a percentage be set aside for outside agencies. He said the outside agencies have a lot of pressure on them. Donald Sparks, 107 Goodloe Drive, stated how unsafe it is to walk in the Twin Lakes Subdivision because of the heavy volume of traffic. He asked Council to bring the subdivision up to date by installing sidewalks, curb and gutters. Ken Edgehill, 1021 Twin Lakes Drive, was in support of a tax increase because sidewalks, curb and gutters were needed in Twin Lakes because of the high traffic volume. He said a single side sidewalk would help greatly. He also noted that there was some erosion in the subdivision. Mr. Edgehill asked Council to support a real estate tax increase. 18603 Public Hearing 04/22/14 Tom Byrnes, 209 Fauquier Street, he said the proposed tax rate would not be enough to support a significant increase in the arts in Fredericksburg neither would it adequately cover a marketing campaign to cover the historic attractions or the riverfront attractions. He encouraged Council to advertise again because he felt the taxes should be higher to pay for the arts, marketing as well as to pay for the riverfront. Proposed Increase in Water, Sewer, Solid Waste and Emergency Medical Transport Fees (D14-161). – no speakers. Budget Manager Lickey explained the proposed adjustments to the water and sewer which are intended to produce an additional 9.5% and 7.8% of revenue to support the City’s utility operations and infrastructure. The refuse collection fee adjustment is expected to generate an additional $112,000 in revenue annually user fee which will offset the same amount of increase in expenditure payments to the R-Board Landfill related to the cost per ton of disposal at that facility. The final fee increase is for EMS fees. The estimated increase would generate between $25,000 - $40,000 in revenue. The fees are variable based on the number of calls and the types of call for service. Amending the Chesapeake Bay Preservation Act Overlay District Regulations to Permit a Larger Construction Footprint and to Place Administrative Authority in the Stormwater Administrator (D14-162). – 1 speaker. Planning Director Johnston explained that the Chesapeake Bay Preservation Overlay Zoning District currently limits the maximum construction footprint to 70% of a site. The proposal is to delete this limit. The district also makes reference to the ‘Development Administrator’ and the reference should be to the ‘Stormwater Administrator’. The current Chesapeake Bay Overlay Zoning regulations limit the 18604 Public Hearing 04/22/14 construction footprint of any development in the Chesapeake Bay Preservation Area to 70% of a site. These resource areas encompass large areas of the City including downtown between Princess Anne Street and the Rappahannock River. This provision significantly limits development in the most urbanized areas of the City, such as downtown and should be deleted. He noted that the water quality would be protected without this provision and the City’s Low Impact Development regulations and other storm water standards establish specific best management practices when at least 16% of a site is cored by impervious surfaces. These practices include structural detention on- site and use of pervious materials. Mr. Johnston said the 70% standard was not mandated by the Virginia Chesapeake Bay regulations. He also added that there were incorrect references in the ordinance to the ‘Development Administrator’ and to the ‘City’ which both should be referencing the ‘Stormwater Administrator’. Councilor Solley asked about Mr. Johnston to explain the Resource Protection Area and the Resource Management Areas and what development is allowed and what the restrictions were in the area. Mr. Johnston stated there was a long list of regulations that limits development in the resource protection areas which are immediately adjacent to tidal water and Rappahannock River above the tidal limit. Resource Management Areas encompass roughly 30-40% of the City beyond those protected areas. In those areas there are buffer requirements and standard, expectations for water quality, and stormwater retention facilities which are all to protect the water resources of the Chesapeake Bay. Councilor Devine asked if the proposed changes were mainly to cleanup language, but still protect the resources and Mr. Johnston said that was correct. He said 18605 Public Hearing 04/22/14 he had spoken with the Friends of the Rappahannock and while talking with them they realized the 70% was in the City’s regulations but not in the States regulations and they said it was more of a redundancy of the low impact standards. The Friends of the Rappahannock felt the low impact standards were more useful on a site by site basis. Councilor Kelly asked what the rationale was for the 70% and Mr. Johnston said no one could answer that because it was done years ago. Councilor Kelly also asked what triggered the discussion and Mr. Johnston said they were looking at site plans for projects in the downtown area and the staff person for stormwater administration noted that this was an issue and he didn’t see how it was applicable in an urban environment. Mr. Johnston said he began researching why it was in the regulations and determined that it was done years ago, but no one knew why and he found that it wasn’t in the State regulation so he decided to make the changes. Mr. Kelly said he was concerned because this change is project driven and he has a problem with that. Mr. Johnston said much of the Unified Development Ordinance (UDO) is tested when they have projects and these items come to staff’s attention, but he said when they don’t appear to be consistent with state regulations he said it seemed appropriate to clean the items up. Councilor Kelly said he would rather look at all of the regulations at one time instead of making changes one at a time. Mr. Johnston said he would plan to cluster changes on a topical basis in the future. Hamilton Palmer, 401 Charles Street, stated that he would hope the proposed development would not happen in the resource protection areas and he noted that the State regulations would override the City’s. He said the 70% would not allow development of sites in the City. He also suggested that the text changes be limited 18606 Public Hearing 04/22/14 quarterly because there is no way for a developer to keep up. Councilor Kelly moved to defer a vote until the first meeting in May to allow for more time to look at the changes; motion was seconded by Councilor Paolucci and passed by the following recorded votes. Ayes (4). Councilors Howe, Kelly Paolucci and Solley. Nays (0) Greenlaw, Ellis and Devine. Repealing Off-Street Parking Exemptions for Rehabilitation or Re-Use of Historic Buildings and for Changes in Use, and Substituting Authority for Administrative Approval of Parking Reductions through Alternative Parking Plans for these Uses (D14-163). – 2 speakers. Mr. Johnston explained that the current regulations in the UDO exempts all the required off- street parking for historic structures and exempts any additional parking needed when there is a change in the use of a building. Mr. Johnston said a total waiver would appear to be an overly generous dispensation of the parking requirements. The UDO provided an exemption from all off-street parking requirements for the rehabilitation or re-use of an historic building. The UDO also provides that when there is a change in use, the new use is exempted from providing additional on-site parking spaces beyond those that existed prior to the change in use. Staff understands that Council may not want to give blanket exemptions and there for they are proposed for deletion. The UDO, Alternative Parking Plan section, allows a 30% waiver for parking if the location, nature, or mix of uses would result in a lesser need for parking. Mr. Johnston recommended the new text to allow a 50% waiver of required off-street parking for a historic structure and it will retain the provision that allows the Council to approve by special exception a request by a property owner to pay a fee in lieu for up to 50% of required off-street parking. 18607 Public Hearing 04/22/14 Mayor Greenlaw asked for the definition of a historic structure in the UDO and he said it was, any structure eligible for the National Register either as a contributing building or individually. She asked what percentage of the buildings on Caroline Street would fall in that category and he said any structure 50 years or older would likely be considered eligible. Mayor Greenlaw asked if a structure were to change uses and currently have no parking requirements would they be require to provide parking under the proposed change. She also asked if they are required, how a structure downtown would provide parking. Mr. Johnston explained that they may be eligible for the 30% waiver and if they must provide parking they could look at what the historic use was of the property was and if there was any parking with that use it would be grandfathered. If the use is a higher use, they could get a 30% reduction and they could pay down the 50% of the requirement by contributing to the parking fund. Councilor Solley asked what the definition of rehabilitation and Mr. Johnston said it was defined by the Secretary of Interior Standards for historic structures. He asked for clarity of what rehabilitation is and would minor changes be considered rehabilitation and Mr. Johnston said they could be. Councilor Kelly stated there have been discussions in the past, that the City would like to have additional parking and it was also discussed how to waive parking and get a little bit of money for it to go toward parking structures and he said this could potentially have an impact on businesses downtown. He said he could support it because it generates funding. Seth Casana, 1305 Princess Anne Street, asked whether the fee was a one-time fee of a reoccurring fee and Mr. Johnston said it would be a one-time fee for capital 18608 Public Hearing 04/22/14 expenditures and the cost would be $5500 per space. Hamilton Palmer, 401 Charles Street, expressed his concern with the wording. He said giving a free pass for a change in use where the use is more intense creates a greater demand on the downtown parking. He said if the use is less intense it should remain the same, but suggested that on page 2 of the ordinance item ‘e’ should read “Changes in the use shall be exempted from the requirement provided that the use is less intensive”. He also suggested that the City find out what the uses are for all the buildings downtown and determine the spaces needed for each of the uses and if the use requires more spaces than they have credit for they must pay the fee. Mayor Greenlaw said she had a concern with the empty storefronts downtown and she felt this would discourage the leasing of the storefronts. She said she has been an advocate not to have a parking requirement for an intense area of downtown. Councilor Howe made a motion to defer this item until the May 13 meeting; motion was seconded by Councilor Kelly. Councilor Kelly said trying to have parking restriction in a downtown that was not designed for parking is hard to do, but many businesses are requiring more parking and Council needs to find a way to pay for it. Mayor Greenlaw said that many of the businesses are mom and pop businesses and they can afford the $5500 per space as a business is starting. Vice-Mayor Ellis said the fee in lieu is cost prohibited for some as well. He said he is an advocate to have more restaurants downtown. He suggested maybe creating a Tax Increment Financing (TIF) in the downtown because the parking should be a cost share. 18609 Public Hearing 04/22/14 The motion passed by the following recorded votes. Ayes (5). Councilors Ellis, Devine, Howe, Kelly and Paolucci. Nays (2) Greenlaw and Solley. Ordinance 14-17, First Read Approved, Amending the Planned Development Zoning District Regulations to Permit Informational Signs (D14-164). – 1 speaker. Planning Director Johnston stated that a homeowners association in the Planned Development-Residential (PD-R) Zonings District would like to install an informational sign, in addition to the development’s identification sign, to inform members of the association of events and activities and the sign regulations for PD-R do not make provisions for such a sign. This addition would appear to be a modest expansion of the signage provisions. The project sign design would have to be amended and such amendments are subject to administrative review by the Development Administrator. Councilor Devine asked if the sign would be static. Mr. Johnston stated that the ordinance does recognize the option to choose between static or electronic signs. He said it would be limited to the 40% of a sign area. Vice-Mayor Ellis said the particular sign that is being proposed would be located well within the neighborhood and he asked if there was any language in the ordinance that would limit signs in the future to be located well within the limits of the neighborhood. Mr. Johnston said there are no standards for this type of signage. It’s specifically designed to be an administrative design process. Bill Hayes, 1105 Walker Drive, a member of the Board of Directors in Idlewild encouraged Council to approve the proposed ordinance. He said the purpose is to provide a means to convey information and it would be electronic. He said they would 18610 Public Hearing 04/22/14 also advertise activities that are planned in the City, as well as the neighborhood events. He said the sign would be landscaped. Vice-Mayor Ellis moved to approve Ordinance 14-17, on first read, amending the Planned Development Zoning District Regulations to permit informational signs with the additional wording to ensure the sign is well within reasonable limits of the subdivision; 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 14-18, First Read Approved, Rezoning Lots on Seneca Terrace and Woodland Court from R-1 Residential to R-2 Residential and Wicklow Drive from R-1 Residential to R-12 Residential (D14-165). – no speakers. Councilor Kelly moved to approve Ordinance 14-18, on first read, rezoning lots on Seneca Terrace and Woodland Court from R-1 Residential to R-2 Residential and Wicklow Drive from R-1 Residential to R-12 Residential; motion was seconded by Councilor Devine and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Ellis, Devine, Howe, Kelly Paolucci and Solley. Nays (0). Adjournment. There being no speakers to come before the Council at this time, Mayor Greenlaw declared the hearing officially adjourned at 9:31 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 18611 Public Hearing 04/22/14 [This page intentionally left blank.] 18612 Regular Session 04/22/14 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 April 22, 2014 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, April 22, 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, Assistant City Manager Mark Whitley, City Attorney Kathleen Dooley, Budget Manager Amanda Lickey, Planning Director Charles Johnston, Economic Development Director Karen Hedelt, 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. The following speakers came forward to participate in the citizen comment portion of this evening's meeting. Chris Lallis, Empower House Director, as a citizen he said he was in support of a 18613 Regular Session 04/22/14 tax increase. On behalf of Empowerhouse, Dr. Lallis asked for Council’s support in increasing the funding for Empowerhouse he stated that their funding had remained level for the past several years although they continue to serve more clients each year. Eunice Haigler, 1108 Walker Drive, asked Council to support Medicaid Expansion. She said there are more than 10,000 residents that stand to benefit from Medicaid Expansion. Janet Watkins, Director of Rappahannock Area Court Appointed Special Advocates, asked for Council’s support in increased funding. She said over the past several years the case load doubled but the budget has remained the same. She said the need for the additional funds is so that they can continue to meet the demand for their services and to be equitable. There are some jurisdictions giving $250.00/child and they would like to get the same from the City. Melissa Columbo, 418 Bunker Hill Street, asked that the Via Colori event be defunded. She said the Arts Commission voted to do that last year because of its inability to pay for itself. She said recently the Arts Commission was told that it would be funded and she said was not happy with City funds being spent to bring out of state artist to the area at the cost of $20,000. She stated that if it were privately funded she would not have an issue with it. She asked that the $20,000 be put in the budget for the Arts Commission and allow them to direct the funding. Seth Casana, 1305 Princess Anne Street, Chairman for the Fredericksburg Arts Commission. He said the proposed budget had two line items being proposed the first, to reduce funding to the Museum in the amount of $20,000 and increase the Arts Commission budget by the same amount. He said although he applauded Councilor 18614 Regular Session 04/22/14 Devine’s efforts of increasing the Arts Commission’s budget the sponsorship of Via Colori was not done with the Commission’s full consent. He said as an organization they had no input on the funding, the conditions of its usage, the beneficiaries of the event, the choice of the Executive Director or the terms of the positions compensation. He said they were all made independently and he felt it undermined the commission. He requested that the funding not be earmarked for Via Colori, but be added to the Commission budget to be used as the Commission sees fit. Tom Byrnes, 209 Fauquier Street, spoke in regards to the art events to include the Via Colori event. He said there is no question that the City supports the arts but the Via Colori receives three times more than the arts commission receives each year. He said most of the money is spent on artists who are not local and he feels that is the problem. He said the first job of the Arts Commission is the promotion of the arts community and they need to be allowed to do it. He said the arts community demands serious attention and with the $5,000 they receive it would take years to effectively market the Fredericksburg Arts. Nate Levine, 1401 College Avenue, also spoke in support of the Expanded Medicaid bill and asked that Council fully support the bill. Karen Kallay (D14-159), 530 George Street, also spoke in support of the Medicaid Expansion. She acknowledged that Medicaid Expansion was not issued locally but it affects many people in the area. Public Hearing Conducted (D14-160 thru D14-165). The regular session was recessed in order to conduct the scheduled public hearings and immediately reconvened upon their conclusion. 18615 Regular Session 04/22/14 Resolution 14-30, Approved, Authorizing a Performance Agreement with QRC, Inc. for Economic Incentives in the Central Park-Silver Street Technology Zone (D14-171). Upon a motion and as recommended Councilor Devine moved to approve Resolution 14-30, authorizing a Performance Agreement with QRC, Inc. for economic incentives in the Central Park- Silver Street Technology Zone; motion was seconded by Councilor Solley and passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Ellis, Devine, Kelly Paolucci and Solley. Nays (1). Councilor Howe. Council Agenda Presented. The following items were presented to Council. 7A. Planning Commission Initiated Rezoning – Councilor Howe 7B. Twin Lakes, Street, Sidewalks, Lighting and Paving Needs – Councilor Howe 7C. Via Colori – Councilor Devine Planning Commission Initiated Rezoning. Councilor Howe expressed his concern for a rezoning that was going through the Planning Commission for review. He requested that Planning Director Johnston table the rezoning and let the Comprehensive Plan address all zoning needs going forward. He said there was a potential conflict of interest and he felt it would be better if the rezoning was addressed through the Comprehensive Plan. Councilor Paolucci noted that the rezoning was for the Mill District only and not the Princess Anne Corridor and that there was full disclosure on behalf of the Planning Commission member. She stated that the Planning Commission meeting had done rezoning’s in the past and that it was wrong for the City to make a developer wait for the 18616 Regular Session 04/22/14 completion of the Comprehensive Plan. Councilor Kelly said staff had done rezoning but most was in intensive discussion with Council or based on plans that have been approved in an area by the Council and they were not project oriented. He feels that this item is a project based rezoning and since it is, he felt as though the applicant should bring it to Council instead of the City bringing it forward. He said doing it this way there is a potential for the applicant to bring a project forward without proffers. He again addressed his concern with project driven issues. Councilor Ellis said he agree with Councilor Paolucci and that the Planning Commission should initiate rezoning’s to initiate redevelopment, but if its project specific and its brought up by a member of the Planning Commission who stands to benefit economically then it’s not good. Mayor discouraged further discussion until there was a memo from the Director of Planning in regards to the rezoning efforts. Twin Lakes, Street, Sidewalks, Lighting and Paving Needs (D14- 165.1). Councilor Howe brought forward a PowerPoint that discussed the street, sidewalks, lighting and paving needs in the City. See D14-165.1 for more information. Via Colori/Fredericksburg Arts Commission – Councilor Devine spoke of the accomplishments of the Fredericksburg Arts Commission to include its existence, the formation of the Arts and Cultural District, the six panel art wall on Caroline Street, the mural on the wall of Bike Works by Miranda Reynolds, refinancing of Libertytown with Economic Development Authority, Government Challenge grants, painting of downtown light poles, Public Art Policy, visible art in almost all restaurants 18617 Regular Session 04/22/14 downtown, institution of First Friday Trolley, and First Friday Mambo. She said each of these was done to support the local artist in the community and Via Colori is one as well. Via Colori has had three successful years and is open to the community the motto is to have a guest artist, local artists, as well as local participants. She said one of the City’s local artists has been invited to be a guest artist in Texas. She said this fosters relationships between local artists. Councilor Devine said it was interesting to hear criticism of the guest artist and she gave examples of other events that have guest artist attend with no criticism. She noted that the City should host artist just as other cities host our local artist. Councilor Devine also spoke of the budget process and that the Arts Commission voted to approve and authorize the contract for Via Colori for 2014. Recently, the Museum decided they were not going to coordinate the event and rather than using funds she requested funds be devoted from the Museum budget be placed in the Arts Commission budget until another organizing group could be identified. She noted that she felt she acted appropriately as a council member on the expressed desires of the Arts Commission. She said that placing the funds in the Arts Commission budget seemed to be the most logical place since it is the City’s Advisory Board for Arts and they had voted to authorize the contract. She added that the $20,000 for Via Colori was not the cost to the City, because of sponsorships; it comes out about $3,000 that the City puts up for the event. She noted that the event brings many people downtown eating in the restaurants, and shopping. Councilor Devine as well as the Arts Commission felt it was a very successful event. Councilor Devine said she would be in favor of increasing the Arts Commission 18618 Regular Session 04/22/14 budget but a funding request had not come to Council since the initial request of $5,000. City Manager’s Consent Agenda Accepted for Transmittal as Recommended (D14-166 thru D14-169). 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). • Ordinance 14-16, Second Read, Renewing the Non-Exclusive Franchise to Tangier and Chesapeake Cruises, Inc., to Provide Riverboat Cruise & Tour Service in the City (D14-166). • Resolution 14-29, Adopting the 2014-15 Community Development Block Grant Annual Action Plan (D14-167). • Transmittal of Boards and Commission Minutes o Clean & Green Commission – February 3, 2014 (D14-168). o Planning Commission – March 26, 2014 (D14-169). Adoption of Minutes. Councilor Devine moved approval of the April 8, 2014 Public Hearing and Regular Session minutes; 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 14-19, First Read Approved, Granting Stafford County a Sanitary Sewer Easement on a Portion of Stafford County Tax Map Parcel 54-61, “Cool Springs Landfill” (D14-170). Upon a motion 18619 Regular Session 04/22/14 and as recommended Councilor Kelly moved to approve Ordinance 14-19, on first read, granting Stafford County a sanitary sewer easement on a portion of Stafford County Tax Map Parcel 54-61, “Cool Springs Landfill”; 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). Suspension of the Rules. In order to place Ordinance 14-19 on for second read Councilor Kelly moved to suspend the rules; 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 14-19, Second Read Approved, Granting Stafford County a Sanitary Sewer Easement on a Portion of Stafford County Tax Map Parcel 54-61, “Cool Springs Landfill” (D14-170). Upon a motion and as recommended Councilor Kelly moved to approve Ordinance 14-19, on second read, granting Stafford County a sanitary sewer easement on a portion of Stafford County Tax Map Parcel 54-61, “Cool Springs Landfill”; 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). Authorizing the City Manager to Execute a Performance Agreement with STH3 Operating Co., LLC, DBA Sedona Taphouse and the Fredericksburg Economic Development Authority, for Tax Incentives in the Downtown/Princess Anne Street Corridor Tourism Zone (D14-172). This item was withdrawn from the agenda. 18620 Regular Session 04/22/14 Resolution 14-31, Approved, Authorizing the City Manager to Execute a Private/Public Education and Utilities Act (PPEA) Comprehensive Agreement with W.C. Spratt, Inc. for Performance of Water and Sanitary Sewer Improvements (D14-173). After a brief discussion of the work that would be completed through this PPEA project Councilor Kelly moved to approve Resolution 14-31, authorizing the City Manager to execute a Performance Agreement with STH3 Operating Co., LLC, DBA Sedona Taphouse and the Fredericksburg Economic Development Authority, for tax incentives in the Downtown/Princess Anne Street Corridor Tourism Zone; motion was seconded by Councilor Devine and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Ellis, Devine, Howe, Kelly Paolucci and Solley. Nays (0). City Manager’s Report and Council Calendar (D14-174 thru D14- 175). 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: Riverfront Park Open House, HUBZone Certification and Employment Platform Marketing and Police Department Annual Report. City Manager Cameron informed Council that the Virginia Department of Transportation had informed the City that the City’s VDOT Revenue Sharing grant application was approved for full funding depending on final approval of the Commonwealth Transportation Board. He also noted that the Transportation Alternative Grant the City sought reimbursement funding for the VCR Trail Phase 3 had also been approved. He said the 18621 Regular Session 04/22/14 City has been very successful in maximizing the use of VDOT grant monies for these types of projects. Adjournment. There being no further business to come before the Council at this time, Mayor Greenlaw declared the meeting officially adjourned at 10:16 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 18622