City Council

Public Hearing 09/13/22 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 September 13, 2022 The Council of the City of Fredericksburg, Virginia, held a public hearing on Tuesday, September 13, 2022, beginning at 7:51 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 attended remotely because she was “unable to attend the meeting due to a temporary medical condition that prevented her physical attendance” under FOIA., Jonathan A. Gerlach, Jason N. Graham, and Matthew J. Kelly. Others Present. City Manager Timothy J. Baroody, Assistant City Manager Mark Whitley, Attorney Jennifer Parrish with Parrish, Snead, Franklin and Simpson covered for City Attorney Kathleen Dooley, Director of Planning and Building Services Charles Johnston, Senior Planner Michael Craig, Community Development Planner Bailey Thompson, Assistant Director of Tourism Margaret Morris, Budget Analyst Donna Leahy and Clerk of Council Tonya B. Lacey. Notice of Public Hearings (D22-329). The Clerk read the notice of the public hearings as it appeared in the local newspaper, the purpose being to solicit citizen input. 21487 Public Hearing 09/13/22 Soliciting Public Comments on the Implementation of the 2021- 2022 Community Development Block Grant Programs for the Consolidated Annual Performance and Evaluation Report (CAPER) (D22- 329). No speakers. Community Development Planner Thompson reported that this was a public hearing on the draft CAPER for the City’s Community Development Block Grant (CDBG) program. He explained that the CDBG was a Federal Grant provided by the Department of Housing and Urban Development that the City administers. The report was an end of the year summary on how grant funding were spent during the program year. He noted that the public comment period runs through September 30. Mr. Thompson highlighted that in project year 2021 the City expended $211,167.90 in CDBG funds, 50% of the funds went towards emergency home repairs in five homes and the work included roofing, plumbing and electrical that threatened the safety of those homes. Another 12% of the funds went towards the removal of architectural barriers within one home. The remainder of the funds went towards four other programs such as Legal Aid Works and Fredericksburg HIV Support Services these two services assisted 542 individuals. With the CARES funds, the City expanded $115,745.50 and funds were given to Rappahannock United Way and they prevented foreclosures or evictions to 24 households. The Fredericksburg Area Food Bank also received twenty-five percent of those funds. 21488 Public Hearing 09/13/22 Adjourned. There being no more speakers to come before the Council at this time, Mayor Greenlaw declared the hearing officially adjourned at 8:49 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, MMC 21489 Public Hearing 09/13/22 [This page intentionally left blank] 21490 Regular Session 09/13/22 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 September 13, 2022 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, September 13, 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 attended remotely because he was “unable to attend the meeting due to a temporary medical condition that prevented his physical attendance” under FOIA., Jonathan A. Gerlach, Jason N. Graham, and Matthew J. Kelly. Others Present. City Manager Timothy J. Baroody, Assistant City Manager Mark Whitley, Attorney Jennifer Parrish with Parrish, Snead, Franklin and Simpson covered for City Attorney Kathleen Dooley, Director of Planning and Building Services Charles Johnston, Senior Planner Michael Craig, Community Development Planner Bailey Thompson, Assistant Director of Tourism Margaret Morris, 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, Jr. followed by the Pledge of Allegiance led by Councilor Jason N. Graham. 21491 Regular Session 09/13/22 Officer Recognized. Mayor Greenlaw recognized the presence of Detective Gloria Mejia, at this evening’s meeting. Introduction of the New Commonwealth Transportation Board Member, Laura Sellers. Councilor Graham introduced the new Commonwealth Transportation Board member, Laura Sellers. Ms. Sellers is from Stafford and she has a long history of service to include serving as a Stafford Board of Supervisor, member of the George Washington Regional Commission, the Fredericksburg Area Metropolitan Planning Organization and she served on the Potomac and Rappahannock Transportation Commission. Ms. Sellers has a lot of experience in transportation and Councilor Graham expressed how pleased he was that she would be representing the City on the Transportation Board. Ms. Sellers said she was honored to serve and she would be as accessible as possible. Councilor Gerlach suggested a project on the Falmouth Bridge, which has two pedestrian walkways and he said they would like to see, when the bridge is rehabbed, the two combined into one wide sidewalk for better pedestrian, bicycle access across the bridge. Mayor thanked Ms. Sellers for her willingness to serve. Proclamation Disability Voter Registration Week (D22-315). Mayor Greenlaw presented a proclamation to members from the Rappahannock Area 21492 Regular Session 09/13/22 Community Services Board and designated the week of September 12 – 16 as National Disability Voter Registration Week. Constitution Week Proclamation (D22-316). Mayor Greenlaw presented a proclamation to Ms. Sonja Johnson and Ms. Susan Harvin recognizing the National celebration of Constitution Week, September 17 through September 23, 2022, which is a traditional celebration that started many years ago by the Daughters of the American Revolution. Proclamation Recognizing September 18-24 as Adult Education and Family Literary (D22-317). Mayor Greenlaw presented Shirley Johnson, Registrar GED/ESOL Adult Classes, Nichole Bennett, Program Manager of the Regional Adult Education, Region 16 and Dr. Andrea Bumbrey, Central Office with a proclamation recognizing September 13-24 as Adult Education and Family Literary Week and she urged citizens to support the week. Hunger Action Day Proclamation (D22-318). Mayor Greenlaw presented Mr. Dan Maher, the president and CEO of the Fredericksburg Regional Food Bank with a proclamation recognizing Hunger Action Day. She also asked the City’s assistance in creating greater community awareness on Friday, September 23 as Hunger Action Day. Consent Agenda Accepted for Transmittal as Recommended (D22- 319 thru D22-328). Councilor Gerlach moved approval of the City Manager’s consent agenda; motion was seconded by Councilor Devine and passed by the following 21493 Regular Session 09/13/22 recorded votes. Ayes (7). Councilors Greenlaw, Frye, Devine, Duffy, Gerlach, Graham and Kelly. Nays (0). • Transmittal of a Resolution to Raise Fees in the Sophia Street Parking Garage (D22-319). • Authorizing the City Manager to send a Letter of Support to the Fredericksburg Area Metropolitan Planning Organization (FAMPO) Commission to Research Route Options for a Rappahannock River Crossing West of Interstate 95 (D22-320). • Transmittal of Boards & Commission Minutes (D22-321 thru D22-328). o Clean & Green Commission – April 4, 2022 (D22-321) o Clean & Green Commission – May 2, 2022 (D22-322) o Clean & Green Commission – June 6, 2022 (D22-323) o Economic Development Authority – June 13, 2022 (D22-324) o Economic Development Authority – July 11, 2022 (D22-325) o Recreation Commission – December 16, 2021 (D22-326) o Recreation Commission – January 20, 2022 (D22-327) o Recreation Commission – April 27, 2022 (D22-328) Public Hearing (D22-329). 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. 21494 Regular Session 09/13/22 Quincy Crecelius Click, 713 Littlepage Street, spoke on the need for childcare in the City. She said the statistics in the City, were as follows: the median household age was between 30-36, the employment rate was 3-4 percent, the labor force was over 13,000, the median income in the city was between $65,000 and 82,000 and there were 5,632 families in the City with a population that was steadily growing. She asked the Council to think of way to have creative comprehensive childcare option in the City. Jaqueline Payne (D22-330), 1401 Washington Avenue, spoke in support of accessory dwelling units (ADU) in the City and she suggested that the rule of three unrelated person living on one property be changed to four unrelated persons. See D22- 330 for more details. Larry Silver (D22-311), President and CEO of Silver Companies spoke in opposition of having density limits in the Planned Development –Mixed Use (PD-MU) zone. He said densities within mixed-use communities should be more inextricably tied to bulk regulations like allowed building heights, setbacks, and parking requirements, instead of naming a maximum density requirement. See D22-311 for more details. Council Agenda Presented. The following items were presented to Council for discussion. 8A. Highway Safety Plan – Councilor Graham Highway Safety Plan. Councilor Graham informed the Council about a grant opportunity that is being provided by the Federal government called ‘Safe Streets for All’. In this grant there are multiple grant opportunities for safety structures. The objective is to improve local road safety for all road users (drivers, bicyclist, 21495 Regular Session 09/13/22 pedestrians). A Metropolitan Organization such as Fredericksburg Area Metropolitan Organization (FAMPO) must submit a Highway Safety Plan that includes various data. The plan is a prerequisite before any Metropolitan Organization can apply for the grants. FAMPO has the opportunity to work with Virginia Department of Transportation to get this Highway Safety Plan drafted and the City’s portion to get this done is $1,711 and this would make the City eligible to apply for grants under the Safe Streets for All program. Mr. Graham asked Council to approve and direct staff to meet and submit a letter in support to FAMPO. Councilor Kelly said until Stafford and Spotsylvania are in agreement he suggested sending a letter of support for the time being. City Manager Baroody said he was in support and would advance it. Adoption of Minutes. Councilor Graham moved approval of the August 23, 2022 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, Gerlach, Graham and Kelly. Nays (0). Ordinance 22-17, Second Read Approved, Amending 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 (D22-332). After a brief staff presentation Councilor Graham made a motion to approve Ordnance 22-17, on second read, Amending City Code §72-33.2 to Restate and Confirm the Application of the 10% Rule that Applies to Residential Developments 21496 Regular Session 09/13/22 in the Planned Development-Commercial District; 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 22-18, Second Read Approved, Amending the Unified Development Ordinance to Revise the Planned Development – Mixed Use Zoning District Regulations (D22-333). After a brief staff presentation Councilor Kelly made a motion to approve Ordnance 22-18, on second read, amending the Unified Development Ordinance to revise the Planned Development – Mixed Use Zoning District regulations; 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 (D22-334 thru D22- 335). City Manager Baroody directed the Council’s attention to the Manager’s Update: Veteran Employer Certification, Police Department Debuts First of its Hybrid Patrol Vehicles, Fredericksburg Sister Cities Fundraiser for Ukraine, Street Rehabilitation Schedule, New Speed Limit in Downtown Business District, Traffic Safety Initiative, Are You Subscribed to Fredericksburg Alerts, COVID-19 Vaccinations, Board and Commission Openings, The Parks, Recreation and Events Fall Catalog, Fall 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 8:29 p.m. 21497 Regular Session 09/13/22 Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council 21498