City Council

Regular Session 11/13/18 WE’LL HAVE TO CITY OF FREDERICKSBURG, VHIRGINIA ON. MARY KATHERINE GREENLAW, MAYOR CITY COUNCIL HON. WILLIAM C. WITHERS, JR., VICE -MAYOR, WARD TWO HON. KERRY P. DEVINE, AT-LARGE HON. MATTHEW J. KELLY, AT-LARGE HON. JASON N. GRAHAM, WARD ONE HON. DR. TIMOTHY P. DUFFY, WARD THREE Council Chambers, 715 Princess Anne Street HON. CHARLIE L. FRYE, JR., WARD FOUR Fredericksburg, Virginia 22401 November 13, 2018 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, November 13, 2018, beginning at 7:30 p.m. in the Council Chambers of City Hall. City Council Present. Mayor Mary Katherine Greenlaw, William C. Withers, Jr., Council members Kerry P. Devine, Dr. Timothy P. Duffy, Charlie L. Frye, Jr, Jason N. Graham and Matthew J. Kelly. Also Present. City Manager Timothy J. Baroody, Assistant City Manager Mark Whitley, Assistant City Manager Doug Fawcett, City Attorney Kathleen Dooley, Assistant City Attorney Robert Eckstrom, Director of Community Planning & Building Services Charles Johnston, Senior Planner Michael Craig, Director of Economic Development Bill Freehling, and Clerk of Council Tonya B. Lacey. Opening Prayer and Pledge of Allegiance. Council was led in prayer by Councilor Matthew J. Kelly followed by the Pledge of Allegiance led by Mayor Mary Katherine Greenlaw. Officer Recognized. Mayor Greenlaw recognized the presence of Officer Scott Worley at this evening’s meeting. Resolution to the Fredericksburg Area Museum. – Delegate Bob Thomas came to present a resolution to the Fredericksburg Area Museum. He said as a Delegate they get the opportunity to present commending resolutions to organizations they 20107 Regular Session 11/13/18 feel have done great things in the community and he selected the Fredericksburg Area Museum. Delegate Thomas also recognized the museum for their 30 years of service. Sarah Poore, thanked everyone for all of their support of the museum. Proclamation Honoring Former Mayor Josiah Pollard Rowe, III (D18-422). – Mayor Greenlaw presented a proclamation to the Rowe Family giving recognition to Joe Rowe’s many contributions to the City and its citizens. Mayor Greenlaw expressed the City’s deep appreciation for his dedication to the betterment of the community. City Manager Baroody also presented the family a City flag that had flown over City Hall. Proclamation for Small Business Saturday (D18-422.1). – Mayor Greenlaw presented a proclamation to April Peterson, with River Rock Outfitters, the President-Elect for Main Street. Mayor Greenlaw urged the residents of the community, and communities across the country to support small business and merchants on Small Business Saturday, November 24, 2018 and throughout the year. Ms. Peterson thanked the Mayor and Council for their support of Main Street. Public Hearings (D18-423). The regular session was recessed in order to conduct scheduled public hearings and immediately reconvened upon their conclusion. Citizen Comment. There were no speakers to participate in the citizen comment portion of this evening’s meeting. Council Agenda Presented. The following items were presented to Council for discussion. 7A. Fredericksburg 5th Annual Gun Giveback – Councilor Frye 20108 Regular Session 11/13/18 Fredericksburg 5th Annual Gun Giveback. Councilor Frye reported that this year’s gun giveback event would be held on December 8th from 10:00 a.m. until 2:00 p.m. To date they have collected 162 guns on a volunteer basis. The guns are either melted down or turned over to the State for testing. Councilor Frye thanked everyone who has supported the program including the Free Lance Star, B101.5, Ted Shubel, Fredericksburg Sheriff’s Department and the City Police. He also challenged other media outlets, that do not support, to start supporting the efforts. City Manager’s Consent Agenda Accepted for Transmittal as Recommended (D18-424 thru D18-427). Councilor Kelly moved approval of the City Manager’s consent agenda items; motion was seconded by Councilor Devine and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Frye, Graham and Kelly. Nays (0). • Resolution 18-89, Second Read Approved, Approving a Fiscal Year (FY) 2019 Budget Amendment Appropriating Funds in the Public Works Fund for Improvements to the Virginia Central Railway Trail Bridge (18-424). • Resolution 18-94, Approved, Extending the Time for Planning Commission Review of the Proposed Small Area 6 Plan Amendment to the Comprehensive Plan (18-425). • Transmittal of Board and Commission Minutes o Board of Zoning Appeals – January 22, 2018 (18-426). o Clean and Green Commission – September 10, 2018 (18-427). Adoption of Minutes (D18-428). Councilor Devine moved approval of the October 23, 2018, Work Session Minutes and the October 23, 2018, Public Hearing and 20109 Regular Session 11/13/18 Regular Session Minutes and the October 30, 2018, Special Session Minutes; motion was seconded by Vice-Mayor Withers and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Frye, Graham and Kelly. Nays (0). Appointment to the Planning Commission – David Durham (D18- 429). Vice-Mayor Withers made a motion to appoint David Durham to the Planning Commission; motion was seconded by Councilor Devine and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Frye, Graham and Kelly. Nays (0). Resolution 18-95, Approved, Member Revision to the City Towing and Recovery Board (D18-430). Councilor Kelly made a motion to approve Resolution 18-95, member revision to the City Towing and Recovery Board; motion was seconded by Councilor Duffy and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Frye, Graham and Kelly. Nays (0). Resolution 18-96, Approved, Amending the Comprehensive Plan to Provide for a Public/Private Use Stadium, with Related Transportation Planning, in Land Use Planning Area 1 (Celebrate Virginia South) (D18- 431 thru D18-432). After staff presentation and PowerPoint Councilor Devine made a motion to approve Resolution 18-96, amending the Comprehensive Plan to provide for a public/private use stadium, with related transportation planning, in Land Use Planning Area 1 (Celebrate Virginia South); motion was seconded by Councilor Kelly and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Frye, Graham and Kelly. Nays (0). 20110 Regular Session 11/13/18 Resolution 18-97, Approved, Granting a Special Use Permit to Celebrate Virginia South, LLC; CVAS Parkway, LLC; for Stadium Use at GPINs 7860-70-3653, 7769-57-9159, 7860-80-0703, 7769-79-5783, and 7860- 60-7626 in Celebrate Virginia South (D18-433 thru D18-434). After staff presentation and PowerPoint Councilor Devine made a motion to approve Resolution 18-97, granting a Special Use Permit to Celebrate Virginia South, LLC; CVAS Parkway, LLC; for stadium use at GPINs 7860-70-3653, 7769-57-9159, 7860-80-0703, 7769-79-5783, and 7860- 60-7626 in Celebrate Virginia South; motion was seconded by Councilor Kelly and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Frye, Graham and Kelly. Nays (0). Ordinance 18-18, Second Read Approved, Approval of the Proposed Vacation of an Unimproved Portion of the Carl D. Silver Parkway Right- of-Way (D18-433 thru D18-434). After staff summary Councilor Devine made a motion to approve Ordinance 18-18, on second read, approval of the proposed vacation of an unimproved portion of the Carl D. Silver Parkway right-of-way; motion was seconded by Councilor Kelly and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Frye, Graham and Kelly. Nays (0). Approving the Trademark License Agreement form SIP Rights, LLC (D18-435). Mr. Freehling reported that this item was not ready and that he would transmit the documents for approval at the November 27 meeting. 20111 Regular Session 11/13/18 Councilor Devine made a motion to defer until the November 27 meeting; motion was seconded by Councilor Kelly and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Frye, Graham and Kelly. Nays (0). Approving a Paid Admissions Event Agreement with Potomac Baseball, LLC for Revenue-Producing Events at the Stadium (D18-438). Mr. Freehling reported that this item was not ready and that he would transmit the documents for approval at the November 27 meeting. Councilor Devine made a motion to defer until the November 27 meeting; motion was seconded by Councilor Kelly and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Frye, Graham and Kelly. Nays (0). Resolution 11-98, Approved, Approving an Agreement with the Celebrate Virginia South Owners Association and the Fredericksburg Economic Development Authority for Support of the Multipurpose Stadium in Celebrate Virginia South (D18-436). Following staff presentation Councilor Devine made a motion to approve Resolution 11-98, approving an agreement with the Celebrate Virginia South Owners Association and the Fredericksburg Economic Development Authority for support of the multipurpose stadium in Celebrate Virginia South; motion was seconded by Councilor Graham and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Frye, Graham and Kelly. Nays (0). Resolution 11-99, Approved, Approving the Development and Shared Use Agreement with Potomac Baseball, LLC for the Construction, Operation, Maintenance, and Shared Use of a Multipurpose Stadium in 20112 Regular Session 11/13/18 Celebrate Virginia South, with Conditions (D18-437). After staff presentation Councilor Kelly spoke about the history of how the City got to this point. He said this was going to be an amenity that will return to the City tenfold. Councilor Kelly said this amenity will enhance the quality of life for the citizens of the City. He spoke about the jobs it would bring to the community and he said this would be a legacy project for this Council. Councilor Kelly made a motion to approve Resolution 11-99, approving the Development and Shared Use Agreement with Potomac Baseball, LLC for the construction, operation, maintenance, and shared use of a multipurpose stadium in Celebrate Virginia South, with conditions; motion was seconded by Councilor Devine. Councilor Frye said he agreed with Councilor Kelly’s comments and he was thankful that the original baseball deal had fallen through because this deal was a game changer for Fredericksburg and the area. Vice-Mayor Withers thanked everyone involved and he said the vast majority in the community and region agree with the decision. He said he firmly believed the deal with the Silber’s was a deal that would be good for everyone. Vice-Mayor Withers also stated that he believed the deal would far exceed the financial expectations. He also thanked the City Manager and the staff and he said he hoped the citizens appreciate the staff the City has. Vice-Mayor Withers thanked the Silber’s for bringing a deal the City could support. Councilor Devine stated that this property had been looked at as a place for something special to happen and she said this was well worth the wait. Councilor Devine expressed her appreciation to staff and she said they all seem energized by this project. She also expressed her appreciation to the Council. She was looking forward to attending some games in the City’s back yard. 20113 Regular Session 11/13/18 Councilor Duffy said this had been a steep climb but it was anything short of amazing. He said he was looking forward to this project. City Attorney Dooley informed the Council that there was one technical amendment to the resolution, to reflect that the trademark license agreement was not ready and it was an added contingency to final approval. Mayor Greenlaw said this was a great day for the City and she welcomed Potomac Baseball and she spoke about how they were such a wonderful organization to work with. The motion passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Frye, Graham and Kelly. Nays (0). Ms. Lani Silber-Weiss spoke on behalf of the family and she thanked everyone who worked tirelessly to make the dream of her family come true. She said it had been a true partnership from the beginning. City Manager’s Report and Council Calendar (D18-439 thru D18- 440). City Manager Baroody reviewed the Manager’s report and Council Calendar. Activities highlighted on the report were as follows: Four Hour Parking in the Downtown for the Holiday Season Begins, DMV Connect Coming to Fredericksburg, State Award Received, Phase 3 Community Collaboration Meetings, Life-Sized Holiday Greeting Cards, 2018 Fredericksburg Christmas Parade, Children’s Christmas Tree Lighting, Governor Northam Launched the Virginia Museum of Fine Arts Artmobile Exhibit in Fredericksburg, Leaf Collection Season Starts, Temporary Closure of Lansdowne Road at CSX RR Crossing, Large Oak Tree Removal, Urban Forest News Publication, Domestic Violence Detective Participate in Candlelight Vigil and Police Help Take Drugs Off the Street at Annual Event. 20114 Regular Session 11/13/18 Adjournment. There being no further business to come before the Council at this time, Mayor Greenlaw declared the meeting officially adjourned at 8:44 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 20115 Regular Session 11/13/18 [This page intentionally left blank.] 20116