City Council

Public Hearing 12/08/20 HON. MARY KATHERINE GREENLAW, MAYOR CITY OF FREDERICKSBURG, VIRGINIA HON. CHARLIE L. FRYE, JR., VICE -MAYOR, WARD FOUR CITY COUNCIL HON. KERRY P. DEVINE, AT-LARGE 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 December 8, 2020 The Council of the City of Fredericksburg, Virginia, held a public hearing on Tuesday, December 8, 2020, beginning at 7:54 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 P. Baroody, Assistant City Manager Mark Whitley, City Attorney Kathleen Dooley, Assistant City Attorney Dori Martin, Community Planning and Building Services Director Charles Johnston, Community Development Planner Susanna Finn, Zoning Administrator James Newman, Finance Director Robyn Shugart, Fire Chief Mike Jones, Budget Manager Brenna Erford and Clerk of Council Tonya B. Lacey. Notice of Public Hearings (D20-570 thru D20-577). The Clerk read the notice of the public hearings as they appeared in the local newspaper, the purpose being to solicit citizen input. 20809 Public Hearing 12/08/20 Brompton Community School LLC Requests a Special Use Permit to Permit an Elementary School at 123 Lee Drive/GPIN 7778 (D20-570). 4 speakers. Zoning Administrator Newman presented a Power Point presentation, and he gave an overview of the school, the location, property information, structure, required building changes, review requirements, Planning Commission recommendation, conditions, conclusion and staff recommendation. Councilor Kelly expressed his concern that Lee Drive had become a pass through. He said the Battlefield was a unique and important part of the City. There was some discussion about security and capacity of the school during times when there are programs and families may attend. Amber Dawson, 905 Brompton Street, clarified that there would be cameras for security because the students would be outside 60% of the time and she added that in order to address capacity, they would stagger grades during programs and/or use outdoor space. David and Lynn Pompilio (D20-571), 3 Kinloch Circle, stated that the City Council should not approve the Special Use Permit for a school at 123 Lee Drive. The Pompilio’s said this would be an additional taxpayer cost and he expressed concern that the school would not accept disabled children. See D20-571for more information. Scott and Christy DeHaven (D20-572), 221 Braehead Drive, said there were several questions and concerns that needed to be answered/adjudicated prior to the vote being taken. They said there needed to be an emergency access to the school ground from Lee Drive, where would the students be dropped off, and would the school require future buildings to support bathrooms, gymnasium, cafeterias, sport fields. The DeHavens also suggested provisions be put in place that would not allow expansions of the property so that the historic integrity was not compromised. The also requested the application be updated 20810 Public Hearing 12/08/20 to include the list of adjacent property owner names, address Geographical Parcel Identification Number (GPIN), and their mailing address. See D20-572 for more information. Stacy Howard (D20-573), 205 Braehead Drive, expressed concern that traffic would be routed to the school via Lee Drive instead of through the Industrial Park. Stacey Howard also asked the Council to encourage the Fredericksburg and Spotsylvania National Military Park to immediately implement their authority to make Lee Drive a one-way route to properly address the safety concerns due to increased traffic in order to return this corridor to a scenic drive. See D20-573for more information. Council Duffy stated that because of comments that some neighbors were caught off guard he suggested postponing this item until a greater dialog could happen with the community. Ms. Dawson said they had approval to widen the driveway and they can use Lee Drive for emergencies vehicles only. The address for the school to use would be 490 Central Road so that traffic would not use Lee Drive. She said students would be dropped off at the end of the driveway. Ms. Dawson clarified and said the school would accept student with disabilities and she would be happy to meet with Braehead neighborhood. Mayor Greenlaw closed the public hearing but kept the comment period open until January 12, 2021. Sumner Partners LLC, Request a Special Use Permit to establish a 5,154 Square Foot Royal Farms Convenience Store with Gasoline Sales with Eight Pump Stations at 1315 Alum Springs Road/GPINs 7779-70- 2419. 7779-70-2391 (D20-574). 20811 Public Hearing 12/08/20 Sumner Partners, LLC, Request a Special Exception to have Parking in Excess of 175% of the Minimum Requirement (D20-575). Staff briefed the Council that Sumner Partners applications was still before the Planning Commission for review and consideration and would come to the Council in early 2021 for a full public hearing once the Planning Commission considers and makes a recommendation. John Kakavoyannis (D20-576), 1207 Saunders Drive, expressed his concern regarding the proposed Royal Farm convenience store at the intersection of Alum Springs Road, Blue and Gray Parkway and Lafayette Boulevard. He was concerned that the traffic would create a serious safety hazard to pedestrians and bicyclist on the VCR trail. See D20- 576 for more information. The Council had some discussion regarding the trail system and how they were being affected by growth in the area. The Council also added that the developer needed to contact residents so that they could have more of a say in the project. Area 2, Fall Hill Small Area Plan (D20-577). Community Development Planner Finn explained that the Planning Commission also deferred voting on this item and planned to address it in early January. Staff would bring this item back to Council after Planning Commissions makes a recommendation. Adjourned. There being no more speakers to come before the Council at this time, Mayor Greenlaw declared the hearing officially adjourned at 8:42 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 20812 Regular Session 12/08/20 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 December 8, 2020 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, December 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 P. Baroody, Assistant City Manager Mark Whitley, City Attorney Kathleen Dooley, Assistant City Attorney Dori Martin, Community Planning and Building Services Director Charles Johnston, Community Development Planner Susanna Finn, Zoning Administrator James Newman, Finance Director Robyn Shugart, Fire Chief Mike Jones, Budget Manager Brenna Erford 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. Comprehensive Annual Financial Report (CAFR). Assistant City Manager Whitley noted that this had been an extremely busy year for finance. Finance was a 20813 Regular Session 12/08/20 key player in three major software conversions. The CARES Act was a project, trying to be sure all the money was pushed out. The finance team had three bond refunds this year and he thanked them for their hard work. Finance Director Shugart thanked the City staff, because the data in the CAFR was the result of all staff’s work. She also thanked the finance team for their dedication and she thanked Dave MacIndoe the Assistant Director who retired earlier this year after 30 years of service. He was the lead in the CAFR work. She noted that they hired Richard Lawrence as the Assistant Director. Mr. Andrew Grossnickle with Robinson, Farmer, Cox and Associates reviewed the financial results of the audit with the Council. He said the 2020 audit had an unmodified independent auditors report. He said there were no material weaknesses and no compliance problems. He also reported that there were no material weaknesses or compliance problems in the major federal programs. Mr. Grossnickle also reviewed several of the revenue funds with the Council. Councilor Withers said it was important to let the citizens know about the shortfalls in the revenue and how management did a good job of keeping spending down. Mayor Greenlaw gave credit to staff, that the City was as financially sound as it was. COVID-19 (Coronavirus) Update. Chief Jones reported that the COVID-19 cases were surging nationally, including in the Commonwealth of Virginia. Hospitalizations increased, intensive care unit (ICU) beds were getting closed to being filled. He said the City was holding and had no new cases in the last week. In the Rappahannock Area Health District there were 796 new cases, two deaths and the positivity rate was at 11.9%. Chief Jones reported that 435 were in ICU and over 200 were on ventilators. The State’s positivity rate was 10.9%. 20814 Regular Session 12/08/20 Chief Jones urged residents to stay home if they were sick, stay within their family unit and use good handwashing. Consent Agenda Accepted for Transmittal as Recommended (D20- 555 thru D20-569). Councilor Devine moved approval of the City Manager’s consent agenda; 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). • Resolution 20-88, Declaring the Official Intent to Reimburse for Capital Expenditures Related to the Acquisition of Public Works Equipment (D20-555). • Resolution 20-89, First Read, Amending the Fiscal Year 2021 Budget to Appropriate Carryover Project for FREDericksburg Regional Transit (D20-556). • Resolution 20-90, Approving the Community Development Block Grant 2019- 2020 Annual Action Plan Substantial Amendments to Incorporate CDBG-CV Funds (D20-557). • Transmittal of the 2020 General Assembly Fall Special Session Legislative Summary (D20-558). • Transmittal of a Status Update from Police Executive Research Forum (D20-559). • Transmittal of Board and Commissions Minutes o Architectural Review Board – July 13, 2020 (D20-560). o Architectural Review Board – August 10, 2020 (D20-561). o Board of Zoning Appeals – February 25, 2019 (D20-562). o Board of Zoning Appeals – May 20, 2019 (D20-563). o Board of Zoning Appeals – July 15, 2019 (D20-564). o Board of Zoning Appeals – August 19, 2019 (D20-565). 20815 Regular Session 12/08/20 o Clean and Green Commission – May 4, 2020 (D20-566). o Clean and Green Commission – September 14, 2020 (D20-567). o Memorials Advisory Commission – February 20, 2020 (D20-568). o Recreation Commission – October 15, 2020 (D20-569). Public Hearing (D20-570 thru D20-577). The regular session was recessed in order to conduct scheduled public hearings and immediately reconvened upon their conclusion. Citizen Comment. The following comments were submitted to be read during the citizen comment portion of this evening’s meeting. Shane Riordan (D20-578), St. George’s Church, spoke about climate change and urged the Council to set its priorities for the next three years. He also applauded the City for its forward thinking and its resolve to power all municipal operation with 100% renewable energy by 2035 and to power the entire city with 100% renewable energy sources no later than 2050. See D20-578, for more information. Jessica Kujala (D20-579), 1508 Winchester Street, spoke about the safety of the roads. She said Fredericksburg’s roads were not bike friendly. She suggested all-way stop signs on the corners of Washington Avenue and Maury Street to prevent so much confusion at the crosswalk. See D20-579, for more information. Seth Casana (D20-580). 1305 Princess Anne Street, spoke in support of Fall Hill Avenue becoming a two-way street between Washington Avenue and James Monroe High School. He said the current one-way traffic patter presents unnecessary hazards for bikers. See D20-580 for more information. Anne Little (D20-581), 726 William Street, urged the City to finish the conversion of Fall Hill, Washington Avenue and Maury Streets to two way traffic. She said this would slow 20816 Regular Session 12/08/20 traffic and make the area safer for residents and enable bicycles to use the streets safely. See D20-581 for more information. Winston Michael Ray (D20-582), Invited the Council to Hurkamp Park on Saturday December 2, 2020 to an event that would replace America’s Civil Rights Era with the Worldwide $ilver Rights Era. He said this $ilver Rights Era would generate sales to take care of America’s poor and the struggling middle class families financial needs during the pandemic. See D20-582 for more information. Council Agenda Presented. The following items were presented to Council for discussion. 7A. Washington and Fall Hill Avenues – Councilor Withers 7B. Fredericksburg Christmas Parade – Councilor Devine 7C. Gun Giveback – Vice-Mayor Frye Washington and Fall Hill Avenues – Councilor Withers said there was no question that two-way traffic was a traffic calming measure and he wanted to know where staff was with the project and what would it take to do the conversion. Mr. Baroody said staff supports the transition and it was important work but he asked for a little more time. Councilor Kelly noted that the Council slowed this project down, but added that it was important in the residential sections. Councilor Duffy expressed his eagerness of working with the City Council, Dr. Catlett and Dr. Eberhardt from the schools. Fredericksburg Christmas Parade – Councilor Devine gave the staff a shout out for keeping the Christmas parade tradition going. She gave a lot of credit to the 20817 Regular Session 12/08/20 developing, creating and implementing a new idea. She thanked everyone who worked hard in these difficult circumstances to try to bring the Christmas spirit to many. She said it was well received by those who were able to attend and she acknowledged there was disappointment that not everyone could attend. Vice-Mayor Frye said he noticed a number of senior citizen that were able to attend the parade because they could stay in the car and keep warm. Councilor Graham thanked the Parks and Recreation Department for all their hard work and he gave thanks to the Police Department and all the first responders for keeping the traffic orderly. Gun Giveback – Vice-Mayor Frye announced that on January 23 from 10:00 am to 2:00 p.m. the 7th Annual Gun Giveback would be taking place at the Fredericksburg Police Department. Councilor Duffy shared his appreciation for the efforts of Vice-Mayor Frye in collecting the unwanted guns. He spoke of how gun violence destructs people and he encouraged people to get involved in supporting and mentoring children in the community. Adoption of Minutes. Councilor Graham moved approval of the November 24, 2020 Public Hearing and Regular Session minutes; motion was seconded by Vice-Mayor Frye and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Frye, Devine, Duffy, Graham, Kelly, Withers. Nays (0). Parking Advisory Committee – Suzy Stone (D20-583). Councilor Duffy moved approval of appointing Suzy Stone as the Economic Development Authority representative on the Parking Advisory Committee; motion was seconded by Councilor 20818 Regular Session 12/08/20 Devine and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Frye, Devine, Duffy, Graham, Kelly, Withers. Nays (0). Architectural Review Board – Jon Gerlach, Helen Ross (D20-584). Councilor Devine moved approval of appointing Jon Gerlach and Helen Ross to the Architectural Review Board; 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 20-91, First Read Approved, Amending the Fiscal Year 2021 Budget to Appropriate Additional CDBG-CV Funds (D20-585). After a brief presentation from staff, Councilor Withers made a motion to approve Resolution 20- 91, on first read, amending the Fiscal Year 2021 budget to appropriate additional CDBG-CV Funds; 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). Resolution 20-91, Second Read Approved, Amending the Fiscal Year 2021 Budget to Appropriate Additional CDBG-CV Funds (D20-585). Councilor Graham made a motion to approve Resolution 20-91, on second read, amending the Fiscal Year 2021 budget to appropriate additional CDBG-CV Funds; 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). Resolution 20-92, Approved, Supporting a Virginia Scenic Designation of the Lower Rappahannock River (D20-586). Councilor Devine gave a brief presentation and she made a motion to approve Resolution 20-92, supporting a 20819 Regular Session 12/08/20 Virginia Scenic Designation of the lower Rappahannock River; motion was seconded by Councilor Graham passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Frye, Devine, Duffy, Graham, Kelly, Withers. Nays (0). Resolution 20-93, First Read Approved, Amending the Fiscal Year 2021 Budget to Appropriate Funds for Additional Public Safety Compensation (D20-587). Assistant City Manager Whitley presented this item and the Council showed a strong support in appropriating the additional funds for public safety. The Council spoke of the difficult and extraordinary times they have had to endure this year and how deserving they were of receiving this compensation. Councilor Kelly made a motion to approve Resolution 20-93, on first read, amending the Fiscal Year 2021 budget to appropriate funds for additional public safety compensation; 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 20-93, Second Read Approved, Amending the Fiscal Year 2021 Budget to Appropriate Funds for Additional Public Safety Compensation (D20-587). Councilor Kelly made a motion to approve Resolution 20- 93, on second read, amending the Fiscal Year 2021 budget to appropriate funds for additional public safety compensation; 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). Resolution 20-94, Approved, Approving the Legislative Agenda for the 2021 General Assembly Session (D20-588). After staff presentation Councilor Devine moved to approved Resolution 20-94, approving the Legislative Agenda for the 2021 20820 Regular Session 12/08/20 General Assembly Session; 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). City Manager’s Report and Council Calendar (D20-589 thru D20- 590). City Manager Baroody directed the Council’s attention to the Manager’s Update: Christmas Parade 2020, Holiday Video, Love Sign, Drive-In Bingo Night, Drive-In Holiday Movie Series, First Day Hike, Riverfront Park to be Fredericksburg’s First “Smart Park”, Fall Leaf Collection, COVID-19 (Coronavirus), Chatham Bridge Closure, Upcoming Council Meetings, Winter Programs 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 9:57 a.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 20821 Regular Session 12/08/20 This page intentionally left blank. 20822