City Council

Regular Session 09/08/20 HON. MARY KATHERINE GREENLAW, MAYOR CITY OF FREDERICKSBURG, VIRGINIA HON. CHARLIE L. FRYE, JR., VICE -MAYOR, WARD FOUR HON. KERRY P. DEVINE, AT-LARGE CITY COUNCIL HON. MATTHEW J. KELLY, AT-LARGE HON. JASON N. GRAHAM, WARD ONE HON. WILLIAM C. WITHERS, JR., WARD TWO HON. DR. TIMOTHY P. DUFFY, WARD THREE Council Chambers, 715 Princess Anne Street Fredericksburg, Virginia 22401 September 8, 2020 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, September 8, 2020, beginning at 7:30 p.m. using electronic communication through GoToMeeting pursuant to and in compliance with the City Council Ordinance 20-05, an ordinance to address Continuity of City Government during the pendency of a pandemic disaster. City Council Present. Mayor Mary Katherine Greenlaw. Vice-Mayor Charlie L. Frye, Jr., Council members Kerry P. Devine, Dr. Timothy P. Duffy, Jason N. Graham, Matthew J. Kelly and William C. Withers, Jr. Also Present. City Manager Timothy J. Baroody, Assistant City Manager Mark Whitley, City Attorney Kathleen Dooley, Assistant City Attorney Dori Martin, Community Planning and Building Services Director Charles Johnston, Senior Planner Michael Craig, Fire Chief Mike Jones, Economic Development Director 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. Legislative Update – Congressman Rob Wittman reported that there would be a smaller COVID relief fund bill to help local governments and schools. He said they were 20745 Regular Session 09/08/20 working on getting the Federal Government funded and he said he was advocating for not allowing members of Congress go on break in August until all appropriation work was done and if the government shuts down he would like the members of Congress to go without pay instead of the Federal employees. He said it was critical to get the budget done before the beginning of next year. He said if there were things the City needed help getting done to reach out to him and he would support the City anyway he could. He said he was glad to see the Veteran’s Clinic site narrowed down to two locations and he was equally excited for both sites. He applauded the City for the work that had been done to attract the VA clinic. Mayor Greenlaw thanked Congressman Wittman for always being present and available. She noted that the City had put to great use of the CARES Act funding that has been received to date. Congress Wittman said there was some remaining dollar in the CARES Act and they have asked Treasury and the agencies that administer the money to allow maximum flexibility of the funds to the States on how they use the funds. He said the bill for $500 billion that would go directly to localities and schools. Congressman Wittman said he would like to see them go to localities as block grant funds. Councilor Graham asked if there would be any plans for different appropriations for less commuting such as GSA opening some office space. Congressman Wittman said as more government workers have been working from home the traffic patterns were more manageable. He said they needed to get more aggressive with making broadband more available and this would allow agencies opportunities for employees to work at home. He said he was an advocate for building out more broadband. 20746 Regular Session 09/08/20 Vice-Mayor Frye thanked Congressman Wittman for making direct contacts for the work at Hazel Hill and he thanked him for being quick to respond. Congressman Wittman stated that Hazel Hill was an important part of the efforts in the City to have affordable housing and he would continue to work to make life better for the residents that live there. (COVID-19) Update. Chief Mike Jones reported that numbers were trending down. The number of COVID patients in the hospitals were down as well as new cases. He reported that the number of patients in the hospital across the state was a little over 1000, with a total of 16,000 released from the hospital. The use of ICU and ventilators was down. Chief Jones said any outbreaks that occur they were taken care of quickly. Safe Harbor Child Advocacy Center & Save Jane Awareness Proclamation (D20-432). Mayor Greenlaw read into record a proclamation promoting the safety and wellbeing of all children and she called on all citizens, businesses, schools and communities and faith-based organizations to partner with Safe Harbor Child Advocacy Center in support of those efforts. Consent Agenda Accepted for Transmittal as Recommended (D20- 433 thru D20-435). Councilor Graham moved approval of the City Manager’s consent agenda as amended; motion was seconded by Councilor Withers and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Frye, Devine, Duffy, Graham, Kelly, Withers. Nays (0). • Transmittal of Report on City Response to Federal Payroll Tax Deferral (D20- 433). • Resolution 20-71, Declaring the End of the Local Emergency in Response to Civil Unrest (D20-434). 20747 Regular Session 09/08/20 • Transmittal of Boards and Commission Minutes o Recreation Commission – July 16, 2020 (D20-435). Citizen Comment. The following comments were submitted to be read during the citizen comment portion of this evening’s meeting. Susan Pates (D20-436), 2010 Fall Hill Avenue, spoke concerning the Creative Maker District density provisions. She noted that there had been changes in the housing market and she said that people were looking for more private space and they were often looking for single-family homes. Ms. Pates asked the Council to put the Streetsense study on hold for now. See D20-436 for more information. Adam Lynch (D20-437), 3219 Fall Hill Avenue, Friends of the Rappahannock, stated that the Area 7 plan laid out the groundwork for the City to incentivize river friendly development and to actively conserve sensitive environmental resources such as the wetland and the Rappahannock riverbank. He spoke of how Stafford’s Transfer Development Rights (TDR) had been successfully used to incentivize proposed development. Mr. Lynch said he would like to see similar action in the City. See D20-437 for more information. Lynne Goodall (D20-438), 2109 Fall Hill Avenue, stated that the vision for the Canal Quarter Neighborhood should evolve in the following ways: Business Corridor along Route 1 and the Princess Anne Corridor and embrace the Maker District; Housing to be concentrated in the remaining areas with cutouts for larger existing commercial buildings (2300 Fall Hill and PNC Bank) without increasing density standards. See D20-438 for more information. Elizabeth Blais (D20-439), 418 Hunter Street, stated that the density proposed in the Maker District was problematic. She suggested starting with a conservative standard of density and adjust the density as needed. See D20-439 for more information. 20748 Regular Session 09/08/20 Simon Watts (D20-440), 824 Caroline Street, spoke in full support of the Creative Maker District and he said it shows that Fredericksburg can grow in exciting new directions. See D20-440 for more information. Steven Newton (D20-441), 418 Hunter Street, stated that he was happy to see the growth and revitalization in the area, but he also agreed that density was a problem and he wanted to see a more conservative standard of density and it could be adjusted as needed. See D20-441 for more information. Loraine Blais (D20-442), 1109 Kenmore Avenue, stated that the plan for the north entrance of Fredericksburg had lovely aesthetics and she said the next steps to the zoning plans should be empowering and incentivizing businesses. Ms. Blais said having a density cap was the only way to ensure developers uphold those goals. See D20-442 for more information. Andrew Ruddle (D20-443), 914 William Street, spoke in support of the canal quarter rezoning and said that having the Creative Maker District would be an amazing addition. See D20-443 for more information. Craig Graziano (D20-444), 1603 Charles Street, stated that he attended many of the Canal Quarter meetings and by making it easier for a variety of businesses to operate while coexisting with the residential population, the area would be able to thrive, attract tourism and provide an outlet for creatives, artisans and tech developers. See D20-444 for more information. Paul Blais (D20-445), 1109 Kenmore Avenue, stated that incentivizing businesses should be the next step for the zoning plans in the creative Maker District. He said sustainable homes and businesses create a successful economy and doubling density would 20749 Regular Session 09/08/20 not accomplish that goal. Mr. Blais said any changes in uses should not be authorized via Special Use Permit without the consent of the residents. See D20-445 for more information. Council Agenda Presented. The following items were presented to Council for discussion. 7A. River Safety – Councilor Duffy River Safety. Councilor Duffy noted that the river had claimed some lives and he said he lost a dear friend, Brandon Childs. He said since 1985 there have been 80 lives lost in the river and he asked everyone to be cautious about being in and around the river. He warned that if you are going to be in the river to wear a personal floatation device. Adoption of Minutes (D20-446 thru D20-447). Councilor Graham moved approval of the May 12 and May 26, 2020 Work Session minutes, the August 1, 2020 Regular session and the August 25 Public Hearing and Regular Session minutes; motion was seconded by Councilor Duffy and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Frye, Devine, Duffy, Graham, Kelly, Withers. Nays (0). Recreation Commission – School Board Appointment – Dr. Matthew Eberhardt (D20-448). Councilor Duffy made a motion to appoint Dr. Matthew Eberhardt as the school’s representative on the Recreation Commission; motion was seconded by Councilor Devine and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Frye, Devine, Duffy, Graham, Kelly, Withers. Nays (0). Ordinance 20-16, First Read Approved, Authorizing the Conveyance of a Parcel of Land Containing Approximately 1.95 Acres in Celebrate Virginia South to Celebrate Virginia South, LLC as Provided for in the September 5, 2008 Deed of Gift of the Parcel to the City (D20- 20750 Regular Session 09/08/20 449). After staff presentation Councilor Graham made a motion to approve Ordinance 20- 16, on first read, authorizing the conveyance of a parcel of land containing approximately 1.95 acres in Celebrate Virginia South to Celebrate Virginia South, LLC as provided for in the September 5, 2008 Deed of Gift of the parcel to the City; motion was seconded by Councilor Kelly and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Frye, Devine, Duffy, Graham, Kelly, Withers. Nays (0). Ordinance 20-16, Second Read Approved, Authorizing the Conveyance of a Parcel of Land Containing Approximately 1.95 Acres in Celebrate Virginia South to Celebrate Virginia South, LLC as Provided for in the September 5, 2008 Deed of Gift of the Parcel to the City (D20- 449). Councilor Kelly made a motion to approve Ordinance 20-16, on second read, authorizing the conveyance of a parcel of land containing approximately 1.95 acres in Celebrate Virginia South to Celebrate Virginia South, LLC as provided for in the September 5, 2008 Deed of Gift of the parcel to the City; motion was seconded by Councilor Graham and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Frye, Devine, Duffy, Graham, Kelly, Withers. Nays (0). Resolution 20-72, Approving an Amendment to the 2015 Comprehensive Plan to Amend Chapter 4, “Public Services, Public Facilities, and Preserved Open Space,” Chapter 10, “Land Use,” and Chapter 11, "Planning Areas," to Adopt a New Small Area Plan for Planning Area 7 Downtown (D20-450). After a brief staff presentation Councilor Graham moved to approve Resolution 20-72, approving an amendment to the 2015 20751 Regular Session 09/08/20 Comprehensive Plan to amend Chapter 4, “Public Services, Public Facilities, and Preserved Open Space,” Chapter 10, “Land Use,” and Chapter 11, "Planning Areas," to Adopt a New Small Area Plan for Planning Area 7 Downtown; motion was seconded by Councilor Devine and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Frye, Devine, Duffy, Graham, Kelly and Withers. Nays (0). Ordinance 20-17, First Read, Amending the Unified Development Ordinance to Add the Creative Maker District, and Consolidating Form- Based Regulations in a New Appendix 72-A (D20-451). After Staff presentation there was considerable discussion on the unlimited number of units with a SUP, and the concern of industrial uses in the Maker District T-4 area and Mr. Craig explained that the form based code would put a limit on the number of units and he said with the industrial uses they were trying to identify the types of uses that people had been asking about. Councilor Graham made a motion to approved Ordinance 20-17 on first read, amending the Unified Development Ordinance to add the Creative Maker District, and consolidating form-based regulations in a new Appendix 72-A; motion was seconded by Councilor Devine and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Frye, Devine, Duffy, Graham, Kelly and Withers. Nays (0). Ordinance 20-17, Second Read, Amending the Unified Development Ordinance to Add the Creative Maker District, and Consolidating Form-Based Regulations in a New Appendix 72-A (D20- 451). Councilor Graham made a motion to approved Ordinance 20-17 on second read, amending the Unified Development Ordinance to add the Creative Maker District, and consolidating form-based regulations in a new Appendix 72-A; motion was seconded by 20752 Regular Session 09/08/20 Councilor Kelly and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Frye, Devine, Duffy, Graham, Kelly and Withers. Nays (0). Ordinance 20-18, First Read, Rezoning Approximately 78 Acres of Land Located in Planning Area 6, Designated as Transect T-4M or T-5M, to the Creative Maker District as Recommended in the Small Area Plan for Area 6; and Adopting Transect Maps and Frontage Maps for the District (D20-451). After a brief overview Councilor Devine made a motion to approved Ordinance 20-18 on first read, rezoning approximately 78 acres of land located in Planning Area 6, designated as Transect T-4M or T-5M, to the Creative Maker District as recommended in the Small Area Plan for Area 6; and adopting Transect Maps and Frontage Maps for the District; motion was seconded by Councilor Kelly and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Frye, Devine, Duffy, Graham, Kelly and Withers. Nays (0). Ordinance 20-18, Second Read, Rezoning Approximately 78 Acres of Land Located in Planning Area 6, Designated as Transect T-4M or T- 5M, to the Creative Maker District as Recommended in the Small Area Plan for Area 6; and Adopting Transect Maps and Frontage Maps for the District (D20-451). Councilor Devine made a motion to approved Ordinance 20-18 on first read, rezoning approximately 78 acres of land located in Planning Area 6, designated as Transect T-4M or T-5M, to the Creative Maker District as recommended in the Small Area Plan for Area 6; and adopting Transect Maps and Frontage Maps for the District; motion was 20753 Regular Session 09/08/20 seconded by Councilor Duffy and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Frye, Devine, Duffy, Graham, Kelly and Withers. Nays (0). Ordinance 20-19, First Read, Amending the Unified Development Ordinance to Amend Off-Street Parking Regulations (D20-452). After staff presentation Councilor Graham made a motion to approved Ordinance 20-19 on first read, amending the Unified Development Ordinance to amend off-street parking regulations; motion was seconded by Councilor Duffy and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Frye, Devine, Duffy, Graham, Kelly and Withers. Nays (0). Ordinance 20-19, Second Read, Amending the Unified Development Ordinance to Amend Off-Street Parking Regulations (D20- 452). Councilor Graham made a motion to approved Ordinance 20-19 on second read, amending the Unified Development Ordinance to amend off-street parking regulations; motion was seconded by Councilor Devine and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Frye, Devine, Duffy, Graham, Kelly and Withers. Nays (0). Ordinance 20-20, First Read, Amending Section 72-41.1 (Residential Uses) and Section 72-84 (Definitions) of the Unified Development Ordinance to Make Revisions of General Application to the Definitions of Duplex, Single-Family Attached, and Multi-Family Dwellings (D20-453). After staff presentation Councilor Kelly made a motion to approved Ordinance 20-20 on first read, amending Section 72-41.1 (Residential Uses) and Section 72-84 (Definitions) of the Unified Development Ordinance to make revisions of general application to the definitions of duplex, single-family attached, and multi-family 20754 Regular Session 09/08/20 dwellings; motion was seconded by Councilor Devine and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Frye, Devine, Duffy, Graham, Kelly and Withers. Nays (0). Ordinance 20-20, Second Read, Amending Section 72-41.1 (Residential Uses) and Section 72-84 (Definitions) of the Unified Development Ordinance to Make Revisions of General Application to the Definitions of Duplex, Single-Family Attached, and Multi-Family Dwellings (D20-453). Councilor Devine made a motion to approved Ordinance 20-20 on first read, amending Section 72-41.1 (Residential Uses) and Section 72-84 (Definitions) of the Unified Development Ordinance to make revisions of general application to the definitions of duplex, single-family attached, and multi-family dwellings; motion was seconded by Councilor Kelly and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Frye, Devine, Duffy, Graham, Kelly and Withers. Nays (0). City Manager’s Report and Council Calendar (D20-454 thru D20- 455). City Manager Baroody directed the Council’s attention to the Manager’s Update: Space Jam Movie Night, Voting in the City, Caring.com Ranks Fredericksburg as #2 Best Place to Live in the Country for Seniors, Public Sculptures, “Ask the Mayor” Video Series, Chatham Bridge Closure, Upcoming Council Meetings, Census 2020, COVID-19 (Coronavirus), Drive in Bingo, New Event Announced, CARES Act Funding in Action, Christmas Parade 2020, 100th Anniversary of the Passage of the 19th Amendment Celebrated on Steps of City Hall, 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 8:59 a.m. 20755 Regular Session 09/08/20 Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 20756