City Council

Public Hearing 01/14/20 HON. MARY KATHERINE GREENLAW, MAYOR CITY OF FREDERICKSBURG, VIRGINIA HON. WILLIAM C. WITHERS, JR., VICE -MAYOR, WARD TWO CITY COUNCIL 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 HON. CHARLIE L. FRYE, JR., WARD FOUR Council Chambers, 715 Princess Anne Street Fredericksburg, Virginia 22401 January 14, 2020 The Council of the City of Fredericksburg, Virginia, held a public hearing on Tuesday, January 14, 2020, beginning at 7:45 p.m. in the Council Chambers of City Hall. City Council Present. Mayor Mary Katherine Greenlaw, Vice-Mayor 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, Public Works Director David King, Assistant Public Works Director Diane Beyer, Economic Development Director Bill Freehling, Community Planning and Building Services Director Charles Johnston, Senior Planner Michael Craig, Historic Resources Planner Kate Schwartz and Clerk of Council Tonya B. Lacey. Notice of Public Hearings (D19-03 thru D19-04). The Clerk read the notice of the public hearings as they appeared in the local newspaper, the purpose being to solicit citizen input. Ordinance 20-01, First Read Approved, Amending the Unified Development Ordinance to Require the Preservation and Accommodation of Archaeological Resources (D19-03 thru D19-04). one speakers. Staff presented a PowerPoint and in the presentation Ms. Schwartz reviewed 20489 Public Hearing 01/14/20 program goals and design, fiscal impact, process and engagement, Planning Commission review and recommendation, and staff recommendation. Mr. Johnston explained that they would have to bring the Ordinance back with a recommendation on how to pay for the estimated cost of $100,000 because after taking a look at the proposed plan they realized there was a fine line between a fee and a tax but he explained that the vote tonight was for the ordinance on archeology. He said by the second read they would have some options for Council to consider to cover the costs. Councilor Kelly expressed his gratitude to everyone who worked on this project and he spoke about how important this would be for the City. Mayor Greenlaw agreed that there was a lot of history here and this was important. She also said this ordinance was unique to the fact that the City would help with the archeology study for small projects. Jon Gerlach, 809 Charlotte Street, member of the working group, said there was a three year process and they looked at other jurisdictions ordinances but the city was unique in the assistance it would give small projects. Mr. Gerlach said the development community was supportive of the ordinance as well as the historical community. He said archeology should be looked at as an asset for tourism in the future. He said it could attract people to the City. He was in full support of the ordinance. Councilor Kelly made a motion to approve Ordinance 20-01, on first read, amending the Unified Development Ordinance to require the preservation and accommodation of archaeological resources; 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). 20490 Public Hearing 01/14/20 Adjourned. There being no more speakers to come before the Council at this time, Mayor Greenlaw declared the hearing officially adjourned at 8:01 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 20491 Public Hearing 01/14/20 [This page intentionally left blank.] 20492 Regular Session 01/14/20 HON. MARY KATHERINE GREENLAW, MAYOR CITY OF FREDERICKSBURG, VIRGINIA HON. WILLIAM C. WITHERS, JR., VICE -MAYOR, WARD TWO HON. KERRY P. DEVINE, AT-LARGE CITY COUNCIL HON. MATTHEW J. KELLY, AT-LARGE HON. JASON N. GRAHAM, WARD ONE HON. DR. TIMOTHY P. DUFFY, WARD THREE HON. CHARLIE L. FRYE, JR., WARD FOUR Council Chambers, 715 Princess Anne Street Fredericksburg, Virginia 22401 January 14, 2020 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, January 14, 2020, beginning at 7:30 p.m. in the Council Chambers of City Hall. City Council Present. Mayor Mary Katherine Greenlaw. Vice-Mayor William C. Withers, Jr., Council members Kerry P. Devine, Dr. Timothy P. Duffy, Charlie L. Frye, Jr. (8:03), 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, Public Works Director David King, Assistant Public Works Director Diane Beyer, Economic Development Director Bill Freehling, Community Planning and Building Services Director Charles Johnston, Senior Planner Michael Craig, Historic Resources Planner Kate Schwartz and Clerk of Council Tonya B. Lacey. Opening Prayer and Pledge of Allegiance. Council was led in prayer by Councilor Charlie L. Frye, Jr. followed by the Pledge of Allegiance led by Mayor Mary Katherine Greenlaw. Officer Recognized. Mayor Greenlaw recognized the presence of Officer Heather Miller, at this evening’s meeting. Appreciation for Years of Service: David King, Director of Public Works and David Nye, Chief of Police (D19-01 thru D19-02). Mayor Greenlaw 20493 Regular Session 01/14/20 recognized Mr. David King and Chief David Nye for their years of service with the City. She highlighted their many accomplishments over the years and she wished them well on their future endeavors. Public Hearings (D19-03 thru D19-04). The regular session was recessed in order to conduct scheduled public hearings and immediately reconvened upon their conclusion. Citizen Comment. The following speakers participated in the citizen comment portion of this evening’s meeting. Dr. Jay Brock (D20-05), 612 Lewis Street, spoke about healthcare, specifically what the City could save in healthcare costs each year. He encourage the Council to consider a resolution supporting a Single Payer Medicare for all. He said he knows it works because that’s what they have in Canada where he was once a primary physician. See D20-05 for more information. Council Agenda Presented. The following items were presented to Council for discussion. 7A. Sixth Annual Gun Giveback Update – Councilor Frye 7B. City Council/School Board Forum – Councilor Devine 7C. Sign Ordinance – Councilor Kelly 7D. Future Educational Options – Councilor Frye Sixth Annual Gun Giveback Update. Councilor Frye reported that 12 guns and one BB gun was turned in at the gun giveback. Over the past six year there have been over 180 guns voluntarily turned in. Councilor Frye thanked the Police and Sheriff’s 20494 Regular Session 01/14/20 department for their help in this event. He also thanked the Free Lance-Star and Fredericksburg Today for reporting on the event. City Council/School Board Forum. Councilor Devine reported that the School Board and City Council were working together to address school needs, space and programing and they would be hosting two forums for the public to attend on January 27 at the Family Life Center and January 29 at James Monroe High School. Sign Ordinance. Councilor Kelly stated that over the past couple weeks he had been approached a couple times about the sign ordinance and he suggested maybe it needed updating in regards to larger buildings. Mr. Baroody said staff would report back when they could on the matter. Future Educational Options. Councilor Frye said he would like to know more options for potential renovations of the old hospital on Fall Hill Avenue to use for expansion of schools. Councilor Frye asked the City Manager to work with the school Superintendent to see if the building could be used for classroom capacity needed in the near term. He also wanted to know if the building could be used for Workforce Development long term. Mr. Baroody said he could review the possibility internally and report back within a few weeks. Councilor Duffy noted that the schools were aggressively working on workforce development. City Manager’s Consent Agenda Accepted for Transmittal as Recommended (D20-06 thru D20-12). Councilor Kelly moved approval of the City Manager’s consent agenda; motion was seconded by Councilor Devine and passed by the 20495 Regular Session 01/14/20 following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Frye, Graham and Kelly. Nays (0). • Transmittal of the Fredericksburg Arts Commission Annual Report (D20-06). • Transmittal of FRED 2019 First, Second and Third Quarterly Progress Reports (D20-07). • Transmittal of Board and Commission Minutes (approved minutes can be found on the board/commission webpages after they are approved at subsequent meeting of said board/commission). o Economic Development Authority – November 18, 2019 (D20-08). o Green Committee – September 10, 2019 (D20-09). o Green Committee – November 12, 2019 (D20-10). o Planning Commission – October 9, 2019 (D20-11). o Public Transit Advisory Board – October 2, 2019 (D20-12). Adoption of Minutes (D20-13 thru D20-14). Councilor Graham moved approval of the August 27 and August 29, 2019 work session minutes and the December 10, 2019 regular session minutes; 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). Citizen Transportation Advisory Committee Appointment – David McLaughlin (D20-15). Councilor Kelly made a motion to appoint Mr. David McLaughlin to the Citizen Transportation Advisory Committee; 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). 20496 Regular Session 01/14/20 Board of Zoning Appeals Reappointments – Matthew Muggeridge and Efrain Reyes (D20-16). Councilor Devine made a motion to reappoint Matthew Muggeridge and Efrain Reyes to the Board of Zoning Appeals; 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). Transmittal of Ordinance Amending the Unified Development Ordinance to Permit Additional Residential Development in the Planned Development-Commercial Zoning District by Special Use Permit (D20- 17). Senior Planner Craig explained that this amendment would be on the January 28 agenda for initiation to the Planning Commission. The text amendment would permit additional residential use in the Planned Development – Commercial zoning district (PD-C) by special use permit. Currently, the PD-C permits ten percent of the total acreage to be residential and Celebrate Virginia is a total of 541 acres and 54 acres are dedicated to residential. Mr. Craig said no more residential is permitted under today’s ordinance. The City has been approached about a mixed-use project in Celebrate Virginia that includes a substantial employment center along with additional residential. Mr. Craig explained that Central Park and Celebrate Virginia are the only two areas zoned PD-C and the proposed text amendment would allow by special use permit an additional ten percent of the land in PD-C to be allocated to residential. He stated that there would be a cap on the additional units to allow only 12 units per acre. There would also be criteria in addition to the existing special user review criteria: Retaining the primacy of commercial use in the district with respect to land area developed or reserved for commercial uses, visibility of uses, and the 20497 Regular Session 01/14/20 timing and phasing of development; a strong emphasis on pedestrian scale; providing urban development and amenities; incorporating high quality neighborhood design and innovative arrangement of building and open space uses; designing with a hierarchy of interconnected streets and blocks, walkable streets; provisions for transit, and a variety of housing types; and including opportunities for active recreational facilities or formal open spaces for residential segments of the development. Vice-Mayor Withers said he liked this proposal when it is tied to large employment centers. He asked how much would be allowed in Central Park and Mr. Craig explained that currently there were no residential units in Central Park and they would be allowed by-right 744 units and with the proposed changes they could build an additional 370 with a special use permit. Vice-Mayor Withers was hopeful the Planning Commission would find a way to offset cost of those additional units. Councilor Kelly agreed with Vice-Mayor Withers and said there needed to be a solid commitment that the project must be balanced with a commercial commitment. Councilor Duffy said he agreed that employment centers were needed to balance out the housing. Councilor Graham asked what type of housing would be allowed in the 12 units per acre. Mr. Craig said 12 units per acre would allow multifamily, but a unique aspect is not a blanket cap of 12 units per acre, but it could include duplexes, three-flats or quadplex. Mayor Greenlaw asked if the 12 units per acre were tied to special use and the special use was tied to commercial development and Mr. Craig explained that it would be up to the Council. He also said there were ways to ensure that the city would get good viable commercial and leave viable commercial space for the future. 20498 Regular Session 01/14/20 Councilor Kelly added there are times when the City should preserve land. City Manager’s Report and Council Calendar (D20-18 thru D20-19). City Manager Baroody directed the Council’s attention to the Manager’s report and Council Calendar. Activities highlighted on the report were as follows: Winter Restaurant Week Starts January 17, Participate in the Economic Development and Tourism Department’s Restaurant Week Passport Program, Participating Restaurants This Year Include: Extended Parking in Downtown Continues Through January, Police Officer Receives Fire Responder Award, Chatham Bridge Rehabilitation Project, Spencer Devon Remains Open During the George Street Closure, Leaf Collection and Special Christmas Tree Collection, The Annual Fredericksburg Snowball Fight, Fredericksburg Spirit Day at Washington Capital Game, 2020 Winter & Spring Activity Catalog Now Available, Removal of Park Shelton, Closure of Upper Caroline Street – Replacement of Sanitary Sewer System, Detour of the Heritage Trail, Braehead Community Meeting and Fred Focus. Adjournment. There being no further business to come before the Council at this time, Mayor Greenlaw declared the meeting officially adjourned at 8:38 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 20499 Regular Session 01/14/20 [This page intentionally left blank.] 20500