City Council

Regular Meeting 9/24/13 HON. MARY KATHERINE GREENLAW, MAYOR CITY OF FREDERICKSBURG, VIRGINIA HON. BRADFORD C. ELLIS, VICE -MAYOR, WARD ONE CITY COUNCIL HON. KERRY P. DEVINE, AT-LARGE HON. MATTHEW J. KELLY, AT-LARGE HON. GEORGE C. SOLLEY, WARD TWO HON. FREDERIC N. HOWE, III, WARD THREE HON. BEATRICE R. PAOLUCCI, WARD FOUR Council Chambers, 715 Princess Anne Street Fredericksburg, Virginia 22401 September 24, 2013 The Council of the City of Fredericksburg, Virginia, met in regular meeting on Tuesday, September 24, 2013, beginning at 7:30 p.m. in the Council Chambers of City Hall. Present. Mayor Mary Katherine Greenlaw. Vice-Mayor Bradford C. Ellis. Councilors Kerry P. Devine, Frederic N. Howe, III, Matthew J. Kelly, and George C. Solley. Also Present. City Manager Beverly R. Cameron, Assistant City Manager Mark Whitley, City Attorney Kathleen Dooley, Planning and Community Development Manager Charles Johnston, Director of Public Works Doug Fawcett and Deputy Clerk of Council Brenda T. Martin. Absent. Councilor Beatrice R. Paolucci was absent due to a death in the family. 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 a local Boy Scout Troop in attendance. Officer Recognized. Mayor Greenlaw recognized the presence of and thanked Auxiliary Officer Leo Manster for being at the meeting. 18381 Regular Meeting 9/24/13 Citizen Comment. The following speaker came forward to participate in the citizen comment portion of this evening’s meeting. John Jenks (D13-374.1), United Methodist Family Services, Richmond, VA addressed the Council on the move of social service children out of institutions into home settings. Foster parents are in high demand in this region. He asked for any suggestions or ideas to assist area children. Council Agenda Presented. The following items were presented to Council. 7A. Resolution 13-85, Approved, Authorizing Counsel for the City to Execute a Settlement Agreement in Fredericksburg Park, LLC v. City Council of the City of Fredericksburg, Pending in the Fredericksburg Circuit Court – Councilor Kelly 7B. Resolution 13-86, Approved, Approving the Resubmitted Final Subdivision Plats and Plans for “Telegraph Hill”, Phases I and II, GPIN #7778-69-7829, Consisting of 38.7215 Acres of Land – Councilor Kelly 7C. Resolution 13-87, Initiating a Zoning Ordinance Map Amendment of a Portion of “Telegraph Hill” from R-2 and R-4 Single Family Residential, I-1 Light Intensity Industrial, and I-2 General Industrial, to PDMU- Planned Development Mixed Use as a Co-Applicant with the Landowner – Councilor Kelly Resolution 13-85, Approved, Authorizing Counsel for the City to Execute a Settlement Agreement in Fredericksburg Park, LLC v. City Council of the City of Fredericksburg, Pending in the Fredericksburg Circuit Court (D13-375). Councilor Kelly spoke about the traffic studies regarding 18382 Regular Meeting 9/24/13 Lafayette Boulevard and stated the comprehensive plan includes downtown to Jefferson Davis Highway, which is an ambitious but costly plan. The plan included development along the boulevard. Most of the traffic is passing from the county to the city, with people coming to work and going home. He feels it is especially important to have good working relationship with our regional partners when it comes to this road improvement. Councilor Kelly highlighted some of the major concerns of the development, which he stated, have been addressed. The city’s first mixed use development was supposed to occur on this site. The Lafayette Boulevard plan has included the National Park’s input on the roundabout. Landscaping and screening will be added to blend well with the entrance to Lee Drive. This development will include four lanes north and south going up to the top of the hill and Alum Springs Road will be realigned. As additional sections are developed, additional walking trail systems will be added in to the current VCR trail. The largest change of the development is that the density of the property has been reduced by two-thirds. The roundabout will slow traffic but will not stop traffic on a hill, like a traffic light. Councilor Kelly thanked the staff for their hard work on this project and stated he felt the city has placed a good deal on the table for this mixed use development project. City Attorney Dooley briefed the Council on the steps involved with all three resolutions presented. Councilor Howe thanked the developer on behalf of the Ward 3 constituents for bringing a much better plan to Council. Councilor Kelly motioned to approve Resolution 13-85, Authorizing Counsel for the City to Execute a Settlement Agreement in Fredericksburg Park, LLC v. City Council 18383 Regular Meeting 9/24/13 of the City of Fredericksburg, Pending in the Fredericksburg Circuit Court. The motion was seconded by Councilor Howe and passed by the following unanimously recorded votes. Ayes (6). Councilors Greenlaw, Ellis, Devine, Howe, Kelly and Solley. Nays (0). Resolution 13-86, Approved, Approving the Resubmitted Final Subdivision Plats and Plans for “Telegraph Hill”, Phases I and II, GPIN #7778-69-7829, Consisting of 38.7215 Acres of Land (D13-376). Councilor Kelly motioned to approve Resolution 13-86, motion was seconded by Councilor Howe and passed by the following unanimously recorded votes. Ayes (6). Councilors Greenlaw, Ellis, Devine, Howe, Kelly and Solley. Nays (0). Resolution 13-87, Initiating a Zoning Ordinance Map Amendment of a Portion of “Telegraph Hill” from R-2 and R-4 Single Family Residential, I-1 Light Intensity Industrial, and I-2 General Industrial, to PDMU- Planned Development Mixed Use as a Co-Applicant with the Landowner (D13-377). Councilor Kelly motioned to approve Resolution 13-87, motion was seconded by Councilor Howe and passed by the following unanimously recorded votes. Ayes (6). Councilors Greenlaw, Ellis, Devine, Howe, Kelly and Solley. Nays (0). City Manager’s Consent Agenda Accepted for Transmittal as Recommended (D13-378 thru D13-382.4). Following review and as recommended, Councilor Kelly moved approval of the consent agenda items; motion was seconded by Councilor Howe and passed by the following unanimously recorded votes: Ayes (6). Councilors Greenlaw, Ellis, Devine, Howe, Kelly and Solley. Nays (0). 18384 Regular Meeting 9/24/13 • Update on Authorizing the Condemnation of a Portion of Fredericksburg GPIN Parcel 7870-20-6853 Owned by Lt. Col. Butler Brayne Thornton Franklin, for the Purpose of Constructing the Rappahannock Canal Bridge Replacement on Fall Hill (D13-378). • Ordinance 13-17, First Read, Changing the Business License (BPOL) Gross Receipt Tiers, and Substituting a Minimum Tax of $50.00 for Businesses With Gross Receipts Between $100,000 and $350,000, by Amending City Code Chapter 70 “Taxation”, Article VIII “License Taxes”, Division 2 “Classified Business and Occupational Licenses” (D13-379). • Resolution 13-88, Giving the Remainder of the Johnson Gun Collection to the Fredericksburg Area Museum and Cultural Center (D13-380). • Resolution 13-89, Authorizing the Issuance by the Richmond County, Virginia Industrial Development Authority of Non-Profit Revenue Bonds to Employment Resources, Inc. for the Financing/Acquisition of Land and Improvements thereon Located at 10120 Lafayette Boulevard (D13-381). • Transmittal of Boards and Commission Minutes • Economic Development Authority – August 12, 2013 (D13-382). • Fredericksburg Clean & Green Commission – June 3, 2013 (D13-382.1). • Fredericksburg Clean & Green Commission – August 5, 2013 (D13-382.2) • Planning Commission – August 14, 2013 (D13-382.3) 18385 Regular Meeting 9/24/13 • Potomac & Rappahannock Transportation Commission – July 11, 2013 (D13-382.4) Adoption of Minutes (D13-383). Councilor Devine moved approval of the Work Session, Public Hearing, and Regular Session minutes for September 10, 2013; motion was seconded by Councilor Howe and passed by the following unanimously recorded votes. Ayes (6). Councilors Greenlaw, Ellis, Devine, Howe, Kelly and Solley. Nays (0). Boards and Commission Appointments –George Washington Regional Commission – Fredericksburg Area Metropolitan Organization (D13-384). As recommended, Councilor Kelly moved approval of appointing Vice-Mayor Bradford Ellis as the city’s alternate Council representative and Councilor Frederic N. Howe, III as the Council representative to George Washington Regional Commission – Fredericksburg Area Metropolitan Organization to fill a vacancy when appointments were made in July 2012. Resolution 13-90, Approved, Accepting the Arts Commission Public Art Policy to Establish Policies for the Installation and Management of Art Work in the Public Right-of-Way and Other Public Spaces in the City (D13-385). Julie Perry the Visitor’s Center Manager and staff liaison to the Arts Commission introduced Seth Casana the Chairman of the Arts Commission who then briefed the Council on the proposed policy. Councilor Solley moved approval of Resolution 13-90, Accepting the Arts Commission Public Art Policy to Establish Policies for the Installation and Management of Art Work in the Public Right-of-Way and Other Public Spaces in the City. The 18386 Regular Meeting 9/24/13 motion was seconded by Councilor Devine and passed by the following unanimously recorded votes. Ayes (6). Councilors Greenlaw, Ellis, Devine, Howe, Kelly and Solley. Nays (0). Resolution 13-91, Approved, Conditional, Non-Binding Approval of a Draft Performance Agreement for the Multi-Use Minor League Baseball Stadium and Baseball/Softball Training and Tournament Complex (D13-386). City Attorney Dooley briefed the Council on the draft Performance Agreement and the October 1, 2013 deadline for the Hagerstown Suns to re- locate per Minor League Baseball. Councilor Howe emphasized the importance of a formal response needed from the Hagerstown Suns. Councilor Kelly stated he felt certain something would be forthcoming from the team soon in the format of a formal statement. He stated that earlier in the month, the Hagerstown Suns went to the Hagerstown City Council and told them they would be moving to Fredericksburg. Councilor Howe moved approval of Resolution 13-91, of a Conditional Non- Binding Approval of a Draft Performance Agreement for the Multi-Use Minor League Baseball Stadium and Baseball/Softball Training and Tournament Complex. The motion was seconded by Vice-Mayor Ellis and passed by the following unanimously recorded votes. Ayes (6). Councilors Greenlaw, Ellis, Devine, Howe, Kelly and Solley. Nays (0). Ordinance 13-18, First Read Approved, Establishing the Baseball Stadium Complex Tourism Zone by Amending City Code Chapter 22, 18387 Regular Meeting 9/24/13 “Business,” Article 5, “Tourism Zones” (D13-387). City Attorney Dooley reminded Council of the many key aspects of the baseball stadium, with one of them being establishing a tourism zone. This zone is drafted for the Slavery Museum site. It will be brought back to Council for a second read when the site is definite. Councilor Kelly moved approval of Ordinance 13-18 on first read, Establishing the Baseball Complex Tourism Zone by Amending City Code Chapter 22, “Business,” Article 5, “Tourism Zones”. The motion was seconded by Councilor Howe and it was passed by the following unanimously recorded votes. Ayes (6). Councilors Greenlaw, Ellis, Devine, Howe, Kelly and Solley. Nays (0). Ordinance 13-19, First Read Approved, Authorizing the Vacation of a Portion of the Charlotte Street Right-of-Way to Accommodate the Development of the Riverfront Park (D13-388). Assistant City Manager Whitley briefed the Council on the item. Councilor Solley moved approval of Ordinance 13-19 on first read Authorizing the Vacation of a Portion of the Charlotte Street Right-of- Way to Accommodate the Development of the Riverfront Park. Councilor Devine seconded the motion and it was passed by the following unanimously recorded votes. Ayes (6). Councilors Greenlaw, Ellis, Devine, Howe, Kelly and Solley. Nays (0). City Manager’s Report and Council Calendar (D13-389 thru D13- 390). City Manager Cameron gave an update on the summer/fall paving program which is progressing well and should be completed by mid-October. Mr. Cameron stated final inspections are underway for the Fred Transit Maintenance Facility and invited everyone 18388 Regular Meeting 9/24/13 to the Open House on October 23. The VCR Trail is progressing well and the contractor is taking advantage of the good weather. Councilor Howe asked about the Columbia Gas work and what the intent is of repairing the pavement which has been disturbed in many areas of the city. Mr. Cameron stated he will caucus with Dave King, Assistant Director of Public Works and report back to Council. He stated many citizens are concerned as well with the condition of the pavement on numerous streets. Activities highlighted in the report were as follows: Trenching and Excavation Safety, “Retire Your Old Glory” Program, Parks and Public Facilities updates, Dominion Power and A Cut Above Tree Service, Eagle Scout Projects, 5K Run for Food, and Recognition for City Police Blotter. Adjournment. There being no further business to come before the Council at this time, Mayor Greenlaw declared the meeting officially adjourned at 8:12 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Brenda T. Martin Brenda T. Martin, Deputy Clerk of Council 18389 Regular Meeting 9/24/13 [This page intentionally left blank.] 18390