City Council

Public Hearing 08/09/22 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 August 9, 2022 The Council of the City of Fredericksburg, Virginia, held a public hearing on Tuesday, August 9, 2022, beginning at 7:50 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 (left early 8:30), Assistant City Manager Mark Whitley, Assistant City Manager David Brown, City Attorney Kathleen Dooley, Economic Development Director Bill Freehling, Assistant Director of Tourism Margaret C. Morris, Tourism Marketing and Communications Manager Danelle Rose, Tourism Stadium and Sales Manager Victoria Matthews, Administrative Assistant Natalie Ealy, Director of Planning and Building Services Charles Johnston, Senior Planner Michael Craig, Zoning Administrator James Newman, Assistant Director of Finance Tripp Lawrence, Budget Analyst Donna Leahy and Clerk of Council Tonya B. Lacey. Notice of Public Hearings (D22-273 thru D22-274). The Clerk read the notice of the public hearings as they appeared in the local newspaper, the purpose being to solicit citizen input. 21439 Public Hearing 08/09/22 Ordinance 22-15, First Read Approved, Authorizing the Sale of the Visitor Center and the Adjacent Parking Lot to the Fredericksburg Economic Development Authority (D22-273). No speakers. Assistant Tourism Director Morris gave a brief update to the Council. Councilor Gerlach made a motion to approve Ordinance 22-49, on first read, authorizing the sale of the Visitor Center and adjacent parking lot to the Economic Development Authority; motion was seconded by Councilor Devine. Councilor Devine expressed her appreciation for everyone working together on this. She noted that there were both pros and cons but a major pro was accessibility. She stated that the Visitor Center located at the Executive Plaza would reach more people and with the extra space they will be able to showcase local talent and have meeting space. Another bonus Councilor Devine noted was the possibility of the current Visitor Center going back on the tax roll. Councilor Kelly stated that he was not supportive of selling the building and he asked for clarification that the revenues from the sale of the property would cover the improvements for the new Visitor Center at the Executive Plaza. City Manager Baroody stated that was the plan with a caveat that there was $210,000 of state money that will be added. Councilor Kelly suggested that the City be sure to get the maximum amount of return on the investment by allowing the private sector to have an opportunity to purchase it. He did not have anything against the EDA purchasing but he felt the City could do what the EDA was doing and get additional funding for the sale. He also 21440 Public Hearing 08/09/22 suggested that if and when the property is sold that the EDA present a percentage of the proceeds that go over $1.26 million come back to the City. The motion passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Frye, Devine, Duffy, Gerlach and Graham. Nays (1). Councilor Kelly. Suspension of the Rules. In order to second read Ordinance 22-15, Councilor Gerlach made a motion to suspend the rules; motion was seconded by Councilor Devine and passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Frye, Devine, Duffy, Gerlach and Graham. Nays (1). Councilor Kelly. Ordinance 22-15, Second Read Approved, Authorizing the Sale of the Visitor Center and the Adjacent Parking Lot to the Fredericksburg Economic Development Authority (D22-273). Councilor Gerlach made a motion to approve Ordinance 22-15, on second read, authorizing the sale of the Visitor Center and the adjacent parking lot to the Fredericksburg Economic Development Authority; motion was seconded by Councilor Devine and passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Frye, Devine, Duffy, Gerlach and Graham. Nays (1). Councilor Kelly. Ordinance 22-16, First Read Approved, Granting a “Federal Interest” in the Riverfront Park, as a Condition to Accepting the Department of Commerce’s Economic Development Administration $1.2 Million Grant for Park Improvements and Stage Construction (D22-274). No speakers. After staff presentation Councilor Graham made a motion to approve 21441 Public Hearing 08/09/22 Ordinance 22-16, on first read, granting a “Federal Interest” in the Riverfront Park, as a condition to accepting the Department of Commerce’s Economic Development Administration $1.2 million grant for park improvements and stage construction; 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). Suspension of the Rules. In order to second read Ordinance 22-16, Councilor Devine made a motion to suspend the rules; 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). Ordinance 22-16, Second Read Approved, Granting a “Federal Interest” in the Riverfront Park, as a Condition to Accepting the Department of Commerce’s Economic Development Administration $1.2 Million Grant for Park Improvements and Stage Construction (D22-274). Councilor Graham made a motion to approve Ordinance 22-16, on second read, granting a “Federal Interest” in the Riverfront Park, as a condition to accepting the Department of Commerce’s Economic Development Administration $1.2 million grant for park improvements and stage construction; 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). 21442 Public Hearing 08/09/22 Adjourned. There being no more speakers to come before the Council at this time, Mayor Greenlaw declared the hearing officially adjourned at 8:14 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, MMC 21443 Public Hearing 08/09/22 [This page intentionally left blank.] 21444 Regular Session 08/09/22 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 August 9, 2022 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, August 9, 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, Economic Development Director Bill Freehling, Assistant Director of Tourism Margaret C. Morris, Tourism Marketing and Communications Manager Danelle Rose, Tourism Stadium and Sales Manager Victoria Matthews, Administrative Assistant Natalie Ealy, Director of Planning and Building Services Charles Johnston, Senior Planner Michael Craig, Zoning Administrator James Newman, Assistant Director of Finance Tripp 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. 21445 Regular Session 08/09/22 Officer Recognized. Mayor Greenlaw recognized the presence of Sergeant Jason Dring with the Sheriff’s Department, at this evening’s meeting. Consent Agenda Accepted for Transmittal as Recommended (D22- 258 thru D22-272). Councilor Duffy disclosed that he is employed by the Fredericksburg Schools but he could participate fairly, objectively and in the public interests on Item 5B - Amending the Fiscal Year 2023 Budget to Appropriate Funds in the City Grants Fund for Department of Criminal Justice Services Grant Funds for Police School Resource Officer. Vice-Mayor Frye disclosed that his wife is employed by the Fredericksburg Schools but he could participate fairly, objectively and in the public interests on item 5B. Councilor Gerlach disclosed that he would abstain from item 5C – Renewing a Lease with the Central Rappahannock Heritage Center for Use of the Former Maury School Gymnasium because he represents the Center at his law firm. Councilor Kelly pulled items 5C and 5E and Councilor Graham pulled item 5F for further discussion. Councilor Kelly further requested that discussion on item 5C be moved after the public comment portion of the agenda. Councilor Graham moved approval of the City Manager’s consent agenda with the exception of items 5C, 5E, and 5F; motion was seconded by Vice-Mayor Frye and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Frye, Devine, Duffy, Gerlach, Graham and Kelly. Nays (0). • Resolution 22-49, Approving the Virginia Juvenile Community Crime Control Plan for Fiscal Years 2023 and 2024 (D22-258). 21446 Regular Session 08/09/22 • Resolution 22-50, Amending the Fiscal Year 2023 Budget to Appropriate Funds in the City Grants Fund for Department of Criminal Justice Services Grant Funds for Police School Resource Officers (D22-259 thru D22-261). • Ordinance 22-14, First Read, Updating the City Code Drug Blight Provisions to Reflect Changes in State Law (D22-264). • Transmittal of Board and Commission Minutes o Architectural Review Board – August 9, 2021 (D22-267). o Architectural Review Board – August 23, 2021 (D22-268). o Architectural Review Board – September 20, 2021 (D22-269). o Architectural Review Board – May 23, 2022 (D22-270). o Parking Advisory Committee – May 9, 2021 (D22-271). o Parking Advisory Committee – March 7, 2022 (D22-272). Transmittal of Unified Development Text Amendment Restating and Confirming the 10% Rule in the Planned Development-Commercial District (D22-265). Councilor Kelly asked if there could be a closed session to discuss what is going on with this property because this is a major development area and the City has changed what it was looking for in this area and it has bearing on what is going on. City Attorney Dooley said she would be happy to have a closed session if the Council wanted legal advice otherwise she would be happy to meet with Councilor Kelly to get clarification on what it is he was looking for. 21447 Regular Session 08/09/22 Councilor Devine made a motion to accept the transmittal of Unified Development text amendment restating and confirming the 10% rule in the Planned Development-Commercial District; motion was seconded by Vice-Mayor Frye and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Frye, Devine, Duffy, Gerlach, Graham and Kelly. Nays (0). Transmittal of Unified Development Text Amendment Modifying the Planned Development – Mixed Use Regulations (D22-266). Councilor Graham stated that in the text of the PDMU in Section D under Density and Floor Area Ratio Multifamily or Upper Story Dwellings over Non-residential there is a maximum by- right of 30 units per acre and in Section F the Form Based General Development Criteria would use the form based code to determine the mass and scale of the development that would occur in PDMU and Mr. Craig said that was correct. Mr. Graham asked if there was already a height restriction in Section F (3)(B) and the height should not exceed 80 feet. He said given the Form Based Code and a height restriction he would propose to remove the density maximum for PDMU over non-residential. He suggested this because of the available housing stock that this would allow to be built. He said the City finds itself in a situation with an almost limitless demand for housing. Mr. Graham noted that it was incumbent of the City to find housing for all segments of the economic spectrum. He said the only way to fix rents from skyrocketing further is to increase the housing stock. Councilor Graham expressed that if we keep the density maximums in place it will limit what the developers can bring to the table or find cost effective. He said he 21448 Regular Session 08/09/22 was concerned with pricing people out of the City because of the rules the Council set in place. He would also like to find a way to promote ownership of the units instead of rentals. Councilor Graham strongly expressed his concern that these density maximums would create a barrier for people trying to build generational wealth in the City. When building units on top of commercial building he would like to allow the developers to come with any density they could find that would fit the form based code and the height restrictions to promote the viability of the businesses beneath. Councilor Graham moved to accept the modifications to the PDMU zoning district with the amendment that the residential density by-right for multifamily or upper story dwellings over non-residential be struck from 30 units per acre and changes to no-maximum. Mayor Greenlaw stated that it was an inappropriate time to vote on a change to the PDMU document when it is only a transmittal item. She would rather have the Council include the comments as discussions moving forward. Councilor Kelly suggested accepting the document with the understanding that there will be further discussions on the issue of density. City Attorney Dooley clarified that the Council should receive the report. She explained that this was a preinitiation transmittal on the agenda. Mr. Craig clarified that this item was going for a public hearing at the next meeting. Councilor Gerlach moved to accept the transmittal of unified development text amendment modifying the Planned Development – Mixed Use Regulations; motion was 21449 Regular Session 08/09/22 seconded by Councilor Graham and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Frye, Devine, Duffy, Gerlach, Graham and Kelly. Nays (0). Public Hearing (D22-273 thru D22-274). The regular session was recessed in order to conduct scheduled public hearings and immediately reconvened upon their conclusion. Citizen Comment. The following comments were given and/or submitted to be read during the citizen comment portion of this evening’s meeting. Roy McAfee (D22-275), 808 Marye Street, and Christine Rae Henry of 222 Princess Anne Street spoke on behalf of the Central Rappahannock Heritage Center (CRHC). He said the supporters of CRHC has worked to house, protect, preserve, digitalize and make available documents, photographs and information to the public. He spoke of how COVID had reduced the Center’s corporate knowledge and volunteer base. He said during COVID people were more interested in researching information because they had more time on hand and these trends have required growth. Mr. McAfee said they were very appreciative of the City’s past and current support and they look forward to working with the City and its partners. He said they would report back to the Council once they have their goals and initiative together and they were looking forward to working with the Council to protect the history for the citizens. See D22-275 for more information. David James, 213 Princess Anne Street, President of Historic Fredericksburg Foundation Inc. stated that the Architectural Review Board (ARB) does not understand or know how to apply the criteria required for the demolition of historic properties, he 21450 Regular Session 08/09/22 was speaking of the property at 204 Lewis Street. He stated that the application for the criteria in the manner used by the ARB creates a dangerous precedence for future cases that will undermine the City’s Historic Preservation objectives and preservation goals. He highlighted the issues as: City Goal 6, Policy 1 - formalize reporting channels in a risk assessment protocol between building official and Historic Preservation staff to ensure demolition is used as an option of last resort for historic structures in poor conditions; Policy 5 – preserve existing housing stock by preventing demolition by neglect, strengthen property maintenance inspection enforcement and staffing, implement disincentives and penalties for property owners who willfully and knowingly engage in demolition by neglect. Initiative, articulate a statement of intent with respect to demolition and demolition by neglect in all relative statues. Demolition must and shall be a last unavoidable resort difficult to realize. Demolition will not be a product of willful neglect or knowing strategy intended to narrow the options to either demolition or unreasonable expenditure of money. Mr. James stated that the Unified Development Ordinance has specific ordinances about preservation of historic properties and their demolition. He said there was seven different criteria that must be considered before demolition of a historically significant property to be approved. He stated that unfortunately the ARB approved a demolition of a historic structure and made if fairly easy to realize. He said HFFI would not stand by and do nothing. He asked the Council to give this their full attention when this item is brought before them at their next meeting. 21451 Regular Session 08/09/22 Richard Dynes (D22-275.1). Mr. Dynes spoke in opposition of the out of control process of the new school. He stated that the school system was failing and as the funding agency the Council was responsible for oversight of the system. He said there needed to be real change or the teachers and students would bear the consequences. He asked that all options be considered for a school: charter, magnet, greater collaboration with Germanna Community College, etc. See D22-275.1 for more information. Ordinance 22-13, Second Read Approved, Renewing a Lease with the Central Rappahannock Heritage Center for Use of the Former Maury School Gymnasium (D22-262 thru D22-263). Councilor Kelly stated that he would like to keep this conversation going as it relates helping financially. Mr. Whitley said the normal timeframe would for CRHC to submit an application through the agency budget process in October or November unless Council directs staff to accelerate the process mid-cycle. Councilor Kelly stated that he would like to see something worked out that states this funding would go beyond year to year. Mr. Whitley explained that there are difficulties in that because appropriations are annual and you cannot bind future Councils unless there is a debt instrument. Mayor Greenlaw stated that this would fall into the category that the Council consider on an annual basis with the budget process as is done with other organizations. Councilor Graham agreed. 21452 Regular Session 08/09/22 Vice-Mayor Frye spoke of his support of the organization and how they give the City opportunity to do more and the volunteers make a huge difference in the City. Councilor Duffy said it would be important for the Council to see the scope of work of the CRHC before the Council make any decisions. Mr. Kelly asked if they could come back to the Council with their plans and Mr. McAfee said they could come back in October. Councilor Kelly made a motion to approve Ordinance 22-13, on second read, renewing a lease with the Central Rappahannock Heritage Center for use of the former Maury School Gymnasium; motion was seconded by Vice-Mayor Frye and passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Frye, Devine, Duffy, Gerlach, Graham and Kelly. Nays (0). Abstain (1) Gerlach. Council Agenda Presented. The following items were presented to Council for discussion. 8A. River Crossing – Councilor Graham 8B. Thank You to EMS – Councilor Devine River Crossing. Councilor Graham stated that this was an issue that came up during Fredericksburg Area Metropolitan Planning Organization (FAMPO) discussions and he stated that there was a significant number of residents in Stafford County that begin their trips from home and end their trips in Central Park and Celebrate Virginia North area of Fredericksburg. He said as they started to look at this data, an idea was floated about a potential river crossing in that area between Stafford and the city of Fredericksburg. Councilor Graham asked the Council to authorize the City Manager to 21453 Regular Session 08/09/22 send a letter to FAMPO requesting assistance in starting discussions of what a potential crossing in that area of the City may look like in the future. He noted this would provide more ways for people to access businesses in that area of the City. This work would understand the feasibility from a variety of aspect whether economic, environmental, etc. Councilor Kelly agreed this was a discussion that needed to happen in order to get the word out to the public. Councilor Duffy said he supported this and he said it was an important topic and having the City Manager in the discussions would be important. Council agreed to have to City Manager submit a letter and Mr. Whitley said he would draft a letter and put it on the consent agenda for approval. Thank You to Fredericksburg EMS (D22-276 thru D22-277). Councilor Devine thanked and shouted out Fredericksburg EMS, Fire Department, Rescue Squad, Police Department and Sheriff’s office for their quick response once they realized there were people in distress during the Stafford County event at the Nat’s Stadium. She said they took charge of something that could have been much worse. Adoption of Minutes. Councilor Devine moved approval of the June 14, and June 28, 2022 Work Sessions and the July 12, 2022 Regular Session minutes; motion was seconded by Councilor Kelly and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Frye, Devine, Duffy, Gerlach, Graham and Kelly. Nays (0). Resolution 22-51, Approved, Approving a Letter of Intent with Washington Heritage Museums for the Conveyance of the Mary 21454 Regular Session 08/09/22 Washington Monument Property (D22-278). After a brief staff presentation and a presentation from Ms. Ann Deron, Executive Director of Washington Heritage Museum, Councilor Devine made a motion to approve Resolution 22-51, approving a Letter of Intent with Washington Heritage Museums for the conveyance of the Mary Washington Monument property; motion was seconded by Councilor Gerlach. City Attorney Dooley requested a technical amendment to the resolution, the correction should read that the WHM’s proposed use of the Caretaker’s Lodge requires approval of a ‘special use permit’ under the R-2 zoning that applies to the Monument Property. The maker of the motion accepted this amendment and the motion passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Frye, Devine, Duffy, Gerlach, Graham and Kelly. Nays (0). Resolution 22-52, Approved, Initiating Amendments to the Comprehensive Plan, Official Zoning Map, and Unified Development Ordinance, in Order to Create a New “Special Tourism and Events Overlay District,” and to Apply it to Approximately 56 Acres of Land Near to, and Including, the Multipurpose Stadium (D22-279 thru D22-280). After Mr. Craig presented a PowerPoint presentation and Councilor Duffy made a motion to approve Resolution 22-52, initiating amendments to the Comprehensive Plan, official Zoning Map, and Unified Development Ordinance, in order to create a new “Special Tourism and Events Overlay District,” and to apply it to approximately 56 acres of land near to, and including, the multipurpose stadium; motion was seconded by Councilor 21455 Regular Session 08/09/22 Gerlach and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Frye, Devine, Duffy, Gerlach, Graham and Kelly. Nays (0). Resolution 22-53, Initiating Amendments to the Unified Development Ordinance Section 72-53, “Parking,” to Clarify Existing Off- Street Parking Requirements and Amend the Minimum Parking Standards for Automobile Towing and Impoundment, Automotive Service, and Indoor Recreation Uses (D22-281). Staff presented a brief summary and Councilor Devine made a motion to approve Resolution 22-53, initiating amendments to the Unified Development Ordinance Section 72-53, “Parking,” to clarify existing off-street parking requirements and amend the minimum parking standards for automobile towing and impoundment, automotive service, and indoor recreation uses; 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). Resolution 22-54, First Read, Amending the Fiscal Year 2023 Budget to Appropriate Funds in the Fredericksburg Regional Transit Fund and Fredericksburg Regional Transit Capital Fund for the Purchase of Land (D22-282). Following a brief staff presentation, Councilor Kelly made a motion to approve Resolution 22-54, on first read, amending the Fiscal Year 2023 budget to appropriate funds in the Fredericksburg Regional Transit Fund and Fredericksburg Regional Transit Capital Fund for the purchase of land; motion was seconded by 21456 Regular Session 08/09/22 Councilor Devine and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Frye, Devine, Duffy, Gerlach, Graham and Kelly. Nays (0). Resolution 22-55, First Read, Amending the Fiscal Year 2022 Budget for Fredericksburg Public Schools to Appropriate Funds for Retention Bonuses (D22-283 thru D22-285). Councilor Duffy disclosed that he is employed by the Fredericksburg Schools but he could participate fairly, objectively and in the public interests. Vice-Mayor Frye disclosed that his wife is employed by the Fredericksburg Schools but he could participate fairly, objectively and in the public interests. After a brief summary by staff, Councilor Kelly made a motion to approve Resolution 22-55, on first read, amending the Fiscal Year 2022 budget for Fredericksburg Public Schools to appropriate funds for retention bonuses; 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). City Manager’s Report and Council Calendar (D22-286 thru D22- 287). City Manager Baroody directed the Council’s attention to the Manager’s Update: Summer Restaurant Week, Riverfront Park Additions, New Speed Limit in Downtown Business District, Old Mill Park Entrance Fee, Are You Subscribed to Fredericksburg Alerts, Around the Town Free Trolley Service Returns, Abundant Parking Downtown, COVID-19 Vaccinations, Traffic Safety Initiative, Board and Commission Openings, The Parks, Recreation and Events Fall Catalog, Summer Programs and Fred Focus. 21457 Regular Session 08/09/22 Adjournment. There being no further business to come before the Council at this time, Mayor Greenlaw declared the meeting officially adjourned at 9:27 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, MMC 21458