City Council

Regular Session 05/24/22 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. JONATHAN A. GERLACH, WARD TWO HON. DR. TIMOTHY P. DUFFY, WARD THREE Council Chambers, 715 Princess Anne Street Fredericksburg, Virginia 22401 May 24, 2022 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, May 24, 2022, beginning at 7:30 p.m. in the Council Chambers of City Hall. City Council Present. Mayor Mary Katherine Greenlaw. Vice-Mayor Charlie L. Frye, Jr. Council members Kerry P. Devine, Dr. Timothy P. Duffy, Jonathan A. Gerlach, Jason N. Graham and Matthew J. Kelly. Others Present. City Manager Timothy J. Baroody, Assistant City Manager Mark Whitley, Assistant City Manager David Brown, City Attorney Kathleen Dooley, Director of Parks, Recreation & Events Todd Brown, Director of Planning and Building Services Charles Johnston, Senior Planner Michael Craig, Police Chief Brian Layton, Assistant Finance Director Richard Lawrence, Budget Analyst Donna Leahy 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 Councilor Jason N. Graham. Officer Recognized. Mayor Greenlaw recognized the presence of Lieutenant Rashawn Cowles, at this evening’s meeting. 21385 Regular Session 05/24/22 Recognition of Fredericksburg Police Officers for Heroic Actions Saving a Child’s Life. Councilor Devine recognized Officers Christian Durham, Camille Zecher and Devin Kraft for saving a child’s life who was having in distress. The officers assisted the child and was able to get the child breathing again. Councilor Devine said she was touched by the officers doing their job but to go beyond in assisting people in the way they do was commendable and she wanted to publicly acknowledge those officers for doing a great job. Chief Layton said it was incredible and he said recently the parents reached out to say thank you to the officers because not only did they save their child’s life they saved their family. Mayor Greenlaw said the Council was proud of the first responders and this was an extraordinary event and they appreciated it. Introduction of Brandan Kelley, New Executive Director of Fredericksburg Main Street. President of the Main Street Board Jennifer McGovern introduced Brandan Kelley. She stated that Mr. Kelley had served 8 years as an Executive Director for a Historic Preservation Society, Executive Director of the Chamber of Commerce where he lived in Michigan, he is an alumnus of the University of Mary Washington and has a Master’s in Public Administration. Ms. McGovern said they were confident he would do exactly what they needed. Mr. Kelley said he has been back in the City for the last two weeks and he said it was great to feel the energy that was here when he graduated in 2008. He said the 21386 Regular Session 05/24/22 changes in the downtown were remarkable which he said it speaks to the commitment of the City. He was looking forward to working with the City on the Main Street programs. Resolution 22-30, Approved, Endorsing a Resolution Formally Adopting the Parks, Recreation and Events Master Plan (D22-165 thru D22-166s). City Manager Baroody gave a brief background stating that it was in 2017 when staff began master planning for parks and a year later there was a Request for Proposals and support from Council on the budget. He introduced Lose Design as the contractor and they crafted a plan and the Director at the time Jane Shelhorse decided to retire and the plan was put on hold until a new Director of Parks and Recreation was hired. He noted this was the reason for the delay. Mr. Baroody introduced Mr. Todd Brown, the new director of Parks, Recreation and Special Events. Mr. Brown is from Charlottesville, formally with Fairfax Park Authority. He has three decades of experience and his task was to take this project and get it to the finish line. Mr. Brown said this document will help the Department and the City to make huge leaps for the next decade. This Master Plan is a result of a collaborative effort that involved many knowledgeable, invested and concerned individuals and groups. This Plan will make the city better prepared for the future plans and needs. Lowes commitment has been remarkable. Mr. Brown introduced Me. Will Hager, Project Manager for Lose Design. 21387 Regular Session 05/24/22 Mr. Hager presented a PowerPoint presentation and he discussed the Benefits of Parks, he gave an introduction of the team, he discussed the Community Profile, Public Participation, Staffing Assessment, Programming Analysis, Partnerships, Sponsorships and Agreements, Park Facilities and Land Assessment and Budget Assessment. Ms. Sue Null, Chari of the Recreation Commission stood to say they endorsed the Master Plan and she noted how critical the plan was for planning parks in the future. Mr. Baroody noted that the Planning Commission recommended that the following be included in the plan: Trestle Park, Canal Street Wharf and Wild Riverfront Park. They also had commentary related to trails. Mr. Baroody said they could amend the language in the plan. Councilor Graham asked if there was clarity on who was responsible for the trail maintenance and Mr. Baroody said both Parks and Recreation and Public Works are responsible. He said moving forward his goal would be to have a separate stand-alone plan so there is a spotlight on trails. Vice-Mayor Frye noted the need for a new facility was evident and he was looking forward to the future. He said there was a need for youth football for kids ages 5-12. He said he would like to see this come back. Councilor Devine said this plan does a great job anticipating the needs of the community. She expressed how proud she was of the community for their efforts and emphasis on parks and the well-being of the community. 21388 Regular Session 05/24/22 Councilor Kelly said this was a fantastic report and he was hopeful that this was incorporated in the budget so we can see what can and cannot be done. He noted the positions needed, competitive salaries, lighting and riparian lands. Councilor Gerlach stated that this was a great report and he said he was looking at opportunities going forward. He said it was great to see what other communities are doing. He also spoke about the items that stood out to him in the plan. He said there were lots of opportunities and possibilities in the report. Councilor Duffy made a motion to approve Resolution 22-30, endorsing a resolution formally adopting the Parks, Recreation and Events Master Plan; motion was seconded by Councilor Devine and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Frye, Devine, Duffy, Gerlach, Graham and Kelly. Nays (0). Consent Agenda Accepted for Transmittal as Recommended (D22- 167 thru D22-168). Councilor Kelly moved approval of the City Manager’s consent agenda; motion was seconded by Councilor Gerlach and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Frye, Devine, Duffy, Gerlach, Graham and Kelly. Nays (0). • Virginia Municipal League Committee Nominations (D22-167) • Transmittal of Board and Commission Minutes o Economic Development Authority – March 21, 2022 (D22-168). Citizen Comment. The following comments were given and/or submitted to be read during the citizen comment portion of this evening’s meeting. 21389 Regular Session 05/24/22 Todd Taylor (D22-169), Commander of the Veterans of Foreign Wars Post 3103, 2701 Princess Anne Street, asked the City to have a stake in supporting the VFW Post 3103 construction project to build and remodel its current facilities. Mr. Taylor also explained the restrictive Deed of Gift and noted that the City retains ownership of the property. He stated that the cost of maintaining the building is up to the Post and they asked the City to have a stake in the VFW and the property. See D22-169 for more information. Council Agenda Presented. The following items were presented to Council for discussion. 8A. Recognition of Centenarian Mrs. Marie Rollins – Mayor Greenlaw 8B. Friends of the Rappahannock Recognition of City – Councilor Devine 8C. Fredericksburg’s 300th in 2028 – Councilor Devine 8D. Excessive Vehicle Noise – Councilor Gerlach 8E. Historic Half Marathon – Vice-Mayor Frye 8F. VFW Update – Councilor Kelly 8G. Water Sewer – Councilor Kelly Recognition of Centenarian Mrs. Marie Rollins. Mayor Greenlaw recognized Mrs. Marie Rollins on her 100th birthday. Ms. Rollins may have been the first women entrepreneur in Fredericksburg, she was the President of Bumbrey’s Cab. Ms. Rollins is the mother of School Superintendent Marcie Catlett and School Board Member Malvina Kay. 21390 Regular Session 05/24/22 Friends of the Rappahannock Recognition of City. Councilor Devine reported that she and Councilor Gerlach attended the Friends of the Rappahannock Annual Meeting and the City was honored as a recipient of the River Steward Award. The City received a proclamation and a sign to display. The award was in recognition of two achievements of the City, first the opening of the Riverfront Park and the plastic bag tax which is designed to protect the river and the community. Fredericksburg’s 300th in 2028. Councilor Devine wanted to remind everyone that Fredericksburg was coming up on its 300th birthday. She noted that the 275th birthday was a several day affair and took a lot of planning. She would like to see a committee formed to discuss what the City can plan and showcase. Excessive Vehicle Noise (D22-171). Councilor Gerlach noted that he had received several comments about excessively loud vehicles and what could be done about them. He said loud vehicle impact small businesses throughout the City. He said it was a health concern and a quality of life issue. Councilor Gerlach informed every one of the new law that goes into effect July 1 that regulates the use of certain aftermarket and DIY exhaust systems. He said this law will make a violation a primary offense. Councilor Gerlach stated that some are concerned that the new law would have disproportionate negative impact on people of color. He said this law gives the City Council the authority to amend its noise ordinance to dovetail with the new State law an if this is done the fines could be paid to the City instead of the Commonwealth. He asked that the City Attorney look into this and bring it back to the Council. 21391 Regular Session 05/24/22 Historic Half Marathon. Vice-Mayor Frye stated that he was happy to participate in this year’s historic half. He also recognized and congratulated City Attorney Dooley for being the fastest women in the five-miler in her age group. VFW Update. Councilor Kelly asked the Mr. Baroody to update the Council on how the City may partner with the VFW. Mr. Baroody said he had spoken with staff and the Silver Companies who is supporting the project. The request for the phase one archeology study is about $7,500 and staff has put a resolution together for Council’s consideration. Staff has identified a $10,000 contribution to the VFW which will offset that expense and the cost for whatever permits that are required. Resolution 22-31, Amending the Fiscal Year 2022 Budget to Provide Support to the Veterans of Foreign Wars Post 3103 Lodge Expansion Project (D22-170). Councilor Kelly made a motion to approved Resolution 22-31, amending the Fiscal Year 2022 budget to provide support to the Veterans of Foreign Wars Post 3103 Lodge expansion project; motion was seconded by Councilor Graham and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Frye, Devine, Duffy, Gerlach, Graham and Kelly. Nays (0). Water Sewer. Councilor Kelly thanked City Manager Baroody for talking about water/sewer issues. He said there was extensive work being done on Princess Anne Street and a large section was found filled with silt. He said every time the City gets into a project it runs into other issues. Councilor Kelly noted that the City has spent large amounts of money on the projects and he expressed concern with building 21392 Regular Session 05/24/22 large facilities and whether the infrastructure would support them. He wants to have information so that the Council can understand what it will be facing with water/sewer issues. Mr. Baroody reminded the Council and the community that the City has published for the first time a comprehensive assessment of forward projects both current and future for sewer. He said the water/sewer master plan was adopted but was under draft. He said he share the concerns and he would report back in the summer. Adoption of Minutes. Councilor Graham moved approval of the January 25, 2022, February 8, 2022, February 22, 2022, March 8, 2022, March 16, 2022, March 22, 2022 Work Session Minutes and the May 10, 2022 Regular Session minutes; motion was seconded by Councilor Devine and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Frye, Devine, Duffy, Gerlach, Graham and Kelly. Nays (0). Resolution 22-32, Approved, Initiating an Amendment to City Code §72-33.2 to Restate and Confirm the Application of the 10% Rule that Applies to Residential Developments in the Planned Development- Commercial District (D22-178). After a brief staff presentation and discussion Councilor Gerlach made a motion to approve Resolution 22-32, initiating an amendment to City Code §72-33.2 to restate and confirm the application of the 10% rule that applies to residential developments in the Planned Development-Commercial District; motion 21393 Regular Session 05/24/22 was seconded by Councilor Duffy and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Frye, Devine, Duffy, Gerlach, Graham and Kelly. Nays (0). Ordinance 22-09, Second Read Approved, Reducing the Speed Limit from 25 Miles Per Hour to 20 Miles Per Hour in the Downtown Business District (D22-179 thru D22-180). Mr. Craig presented a PowerPoint presentation and in his presentation he discussed: Reducing the Speed Limit in the Core Downtown, Evaluate and Modify Traffic Patterns, Bicycle Boulevards and Recommendations. See D22-179 thru D22-180 for more information. Vice-Mayor Frye asked what type of signage would be put up and Assistant City Manager Brown said they would post the 20MPH signs as you enter the zone and throughout the zone and put flags on them to bring attention to the speed change. Mr. Baroody said he has talked to Main Street and they will help to get the word out and raise awareness. Mr. Craig noted there was some time to get the word out because the ordinance would not go into effect until July 1. Councilor Graham asked if the bicycle boulevards would look like those shown on Lewis Street and Mr. Craig said they would have highly visible ladder type crosswalks, some type of lane restrictions and reducing the pavement width and providing visible breaks within the pedestrian travel areas. He explained that some areas would have on street routes. Councilor Kelly noted that Virginia Department of Transportation has traffic calming devices and design and he suggested getting a copy to look at. He also asked Chief Layton to talk about enforcement. Chief Layton said enforcement was critical in 21394 Regular Session 05/24/22 gaining compliance. He said there were three major areas to gaining that compliance and they are: traffic calming, enforcement and education. He said they are still short on staffing but they still have a downtown community office who can enforce the speed. The State gives money and it helps with speed and alcohol enforcement issues and some of that can be directed to the downtown. He said the enforcement would get better once the numbers increased in staffing. Councilor Graham made a motion to approve Ordinance 22-09, on second read, reducing the speed limit from 25 miles per hour to 20 miles per hour in the downtown business district; motion was seconded by Councilor Duffy and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Frye, Devine, Duffy, Gerlach, Graham and Kelly. Nays (0). Resolution 22-33, Approved, Adopting the List of Streets to be Improved During the Fiscal Year 2023 Asphalt Program (D22-181). After staff presentation Councilor Devine made a motion to approve Resolution 22-33, adopting the list of streets to be improved during the fiscal year 2023 asphalt program; motion was seconded by Councilor Gerlach and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Frye, Devine, Duffy, Gerlach, Graham and Kelly. Nays (0). Resolution 22-34, Approved, Authorizing Use of $1,277,493.00 of Motor Fuels Tax Funds for Various Transportation Projects (D22-182). Councilor Graham made a motion to approve Resolution 22-34, authorizing use of $1,277,493.00 of motor fuels tax funds for various transportation projects; motion was 21395 Regular Session 05/24/22 seconded by Councilor Frye and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Frye, Devine, Duffy, Gerlach, Graham and Kelly. Nays (0). Resolution 22-35, Approved, Releasing Prior Allocations of Motor Fuels Tax Funds for Various Projects (D22-183). Councilor Kelly made a motion to approve Resolution 22-35, releasing prior allocations of motor fuels tax funds for various projects; motion was seconded by Councilor Devine and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Frye, Devine, Duffy, Gerlach, Graham and Kelly. Nays (0). Ordinance 22-11, First Read Approved, Amending City Code Section 14-185 to Permit Dog Kennels in the City as Specified in Chapter 72 Unified Development Ordinance (D22-184). Councilor Kelly made a motion to approved Ordinance 22-11, on first read, amending City Code Section 14-185 to permit dog kennels in the City as specified in Chapter 72 Unified Development Ordinance; motion was seconded by Councilor Devine and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Frye, Devine, Duffy, Gerlach, Graham and Kelly. Nays (0). City Manager’s Report and Council Calendar (D22-185 thru D22- 186). City Manager Baroody directed the Council’s attention to the Manager’s Update: Fire at Madonna House Update, Riverfront Park Ribbon Cutting and Launch of Otter-ly Amazing, Marine Corps Historic Half, Semper5ive and Devil Dog Double Runs, Volunteers Needed for Thunder Alley, Abundant Parking Downtown, COVID-19 Vaccinations, Picnic in the Park, Traffic Safety Initiative, Board and Commission 21396 Regular Session 05/24/22 Openings, Kids’ Fishing Derby, Parks, Recreation and Events Summer Catalog is now Available, Spring 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 9:35 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, MMC 21397 Regular Session 05/24/22 [This page intentionally left blank.] 21398