City Council

Public Hearing 11/28/23 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 November 28, 2023 The Council of the City of Fredericksburg, Virginia, held a public hearing on Tuesday, November 28, 2023, beginning at 7:54 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, Assistant Tourism Director Margaret Morris, Planning and Building Services Director Charles Johnston, Principle Planner Michael Craig, Zoning Administrator Kelly Machen, Community Development Planner Bailey Thompson, Finance Director Robyn Shugart, Budget Analyst Donna Leahy, Director of Social Services Christian Galik, Assistant Director of Social Services Beth Girone, Human Resources Director Lesley Moore and Clerk of Council Tonya B. Lacey. Notice of Public Hearings (D23-532 thru D23-543). The Clerk read the notice of the public hearings as it appeared in the local newspaper, the purpose being to solicit citizen input. 21979 Public Hearing 11/28/23 The Barking Barley, LLC Ordinance 23-18, Second Read Approved, Rezoning Approximately 0.18 Acres of Land Located on Olde William Street Near the William Street Intersection from the R-4 Residential District to the Commercial/Office- Transitional District (D23-532 thru D23-534). no speakers. Zoning Administrator Machen presented a PowerPoint presentation and the applicants presented a drawing showing what the dog park area would look like. Councilor Gerlach made a motion to approve Ordinance 23-18, on second read, rezoning approximately 0.18 acres of land located on Olde William Street near the William Street intersection from the R-4 Residential District to the Commercial/Office- Transitional 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 23-70, Approved, Granting a Special Use Permit for Service of Alcoholic Beverages Under an ABC Retail On-Premises License at 1513-1517 Olde William Street (D23-532 thru D23-534). 9 speakers. Councilor Duffy made a motion to approve Resolution 23-70, granting a Special Use Permit for service of alcoholic beverages under an ABC retail on-premises license at 1513-1517 Olde William Street; 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). 21980 Public Hearing 11/28/23 Ordinance 23-20, First Read Approved, Rezoning 63 Acres in Celebrate Virginia South from Planned Development Commercial (PD-C) to Planned Development Mixed Use (PD-MU) and Planned Development Residential (PD-R) for the “Neon” Project (D23-535 thru D232-539). Councilor Gerlach disclosed that the was abstaining because he represents or provide services to the American Canoe Association, a business which may realize a reasonably foreseeable direct or indirect benefit or detriment as a result of the action of the Fredericksburg City Council considering the Neon rezoning application. Staff provided a thorough PowerPoint on the Neon Project as did Attorney Charlie Payne, representative for the applicant. See D23-536 & D23-537 for more information. Councilor Duffy was intrigued by the shared working space and he asked how they came up with the financial figures for total buildout. Mr. Payne said the financial analysis is based on the cost to build the project out for 8-10 years. Councilor Duffy also asked about the width of the tree area and they said it was about 6 feet. Councilor Devine was appreciative of the reworking of the proposal and the scaled down units with the hope that some will be affordable. She was also impressed with the incubator thought to retain the Gen Z generation. She was appreciative of the connection of the natural areas. Councilor Devine encouraged the developer to use solar panels in the large parking areas and the large roof areas. 21981 Public Hearing 11/28/23 Councilor Graham asked what type of lighting would be on the trail that connects to the ballpark, Mr. Payne said he would look into it and get back. Vice-Mayor Frye noted that he was not a fan of apartments because of the value of homeownership, but he has learned that there is a demand and the smaller units will help people to have a start at getting established. These smaller units make sense for the younger generations because it is hard for them to find homes. Vice-Mayor Frye also stated that the gates made sense and they will make a difference and would provide security. Councilor Devine asked if there was a plan for bike storage. Larry Silver, 506 Amelia Street, Boca Raton, Florida, stated that the entire project was bicycle friendly. He noted there was a large bicycle storage facility at Silver Collection, but it was not used as much as they would like it to be used. He said they will have a first class bike facility to store bikes and they will encourage use of it. He said he would like to see them bike along the river. Mr. Silver said the demographic they were targeting were those who want to do outdoor activities. The Neon facility will be a state of the art working facility, with open space, phone booths, and conference rooms. He said he was hopeful this would be a draw to keep the younger generation here. John Fick, 804 Prince Edward Street, spoke in favor of the Neon Project. He said this was a good deal for Fredericksburg and for the tax payers. Linda Worrell, 1200 Rappahannock Avenue, spoke in support of the project and she said many of the business and board meetings she’s been in they have been 21982 Public Hearing 11/28/23 concerned about ways to retain intellectual capital and creating a space for the younger workforce. She said Neon was the ideal type of development to support the tech savvy young adults. Neon will offer a lifestyle they can relate to which will be a safe and secure place to live, work and play. She encouraged the Council to support the project. Adam Free, 425 William Street, spoke in support of the Neon project. He spoke highly of the Silver Family and their community support. He was greatly impressed with their generosity. Xavier Richardson, attest that there are many young people who would love to come back to the City and this type of project would bring them back. He said this was a great opportunity for the younger generation because they are taking different routes to homeownership. He said this was a great addition to the community and he encouraged the Council to support the Neon Project. John Garman, business Owner of Virginia Outdoors Center, 3219 Fall Hill Avenue, thanked City staff for helping to navigate this project as he looked at how it would affect the broader area. In 2002, the Silver Companies approached the City, Virginia Outdoors Center, the Friends of the Rappahannock and the Virginia Outdoors Foundation about putting a protective easement on the 120 acres before there was an easement on any of the watershed properties. Over the twelve months that followed they developed specific language that give specific but responsible uses for the 120 acres to promote the use of outdoor recreation. Since this time the area was developed for commercial use and 70 feet of elevation has been added and vehicular access is 21983 Public Hearing 11/28/23 prohibitively expensive. The developer is now offering to grade the road and this is a good opportunity. Mr. Garman said it was also important to note that the use of gates in the community would help to protect the natural areas so they can be used successfully. This land will allow the increase in outdoor activities. The access to this property provides the type of access the Friends of the Rappahannock and the American Canoe Association can support. Michael Blashford, 1409 Franklin Street, stated that he has spent a lot of time on the river and he was excited about the access to the river. He said it was important to support the project. Rev. Joseph Henderson, Sr., 1004 West Kensington Hill, spoke in support of the project. As the Founder of The Family Life Center, which is neighbors to the project. He noted that over the years the Center has provided assistance to the community in finding jobs and this development will provide additional opportunities for employment in the community that they can walk to. Beth Spilman, Executive Director, American Canoe Association (ACA), 520 William Street, expressed her appreciation for the property under construction. She said the land they own adjacent to the proposed development was of material value to the ACA and they were pleased that the applicant agreed to relocate, clear and grade the ACA access area. She was also grateful that the applicant agreed to grant and convey water and sewer easements to accommodate future connection to public water and sewer facilities located on the property. 21984 Public Hearing 11/28/23 Councilor Kelly thanked the applicant for recognizing that the City did not want a lot of height. He noted that the project was not as intense as it could have been. In reference to the gates, he added that they would not be locked 24/7 and he understood the need because the project is located in a commercial area and the gates are appropriate. Council Kelly said these are the housing choices the younger adults want and this project targets a certain demographic that is needed in the City. Councilor Kelly made a motion to approved Ordinance 23-20, on first read, rezoning 63 acres in Celebrate Virginia South from Planned Development Commercial (PD-C) to Planned Development Mixed Use (PD-MU) and Planned Development Residential (PD-R) for the “Neon” project; motion was seconded by Councilor Graham. Councilor Graham said he did not like the gates, but he liked the idea of the project so he would support it. He stated that he would like to see the trails connected and he would like to see this project used as a template for future projects. Councilor Graham said with the continued operations by the Silver companies would make this project built for the long term. Councilor Duffy was in support of this project and he said the co-working aspect will set a standard for anyone who sees it. This will create a different kind of place for Fredericksburg. He was hopeful it would create lateral connections in that area. City Attorney Dooley clarified that the draft ordinance that was submitted in the packet referred to the previous proffer statement dated November 6 and the Council has since received an updated proffer statement dated November 28 and Councilor Kelly agreed they were adopting the statement dated November 28. 21985 Public Hearing 11/28/23 Mayor Greenlaw noted that this was the first use of the Capital Impact Policy & the developer has worked with the City and agreed to those policies. Motion passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Frye, Devine, Duffy, Graham and Kelly. Nays (0). Abstain (1). Councilor Gerlach. Resolution 23-71, First Read, Fiscal Year 2024 Budget Amendment Authorizing the Appropriation of Fiscal Year 2023 Carryovers and Approving Additional Appropriations for Certain Capital Projects(D23- 540). No speakers. Councilor Duffy disclosed that he was employed by the Fredericksburg City Schools but he could participate fairly and objectively in the public interest on this item and the next item. Vice-Mayor Frye disclosed that his spouse was employed by the Fredericksburg City Schools but he could participate fairly and objectively in the public interest on this item and the next item. After staff presentation Councilor Devine moved to approve Resolution 23-71, on first read, Fiscal Year 2024 budget amendment authorizing the appropriation of Fiscal Year 2023 carryovers and approving additional appropriations for certain capital projects: 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 23-72, First Read, Fiscal Year 2024 Budget Amendment Authorizing the Appropriation of Additional Funds for City and Schools 21986 Public Hearing 11/28/23 Projects (D23-541 thru D23-543). No speakers. After staff presentation Councilor Graham moved to approve Resolution 23-72, on first read, Fiscal Year 2024 budget amendment authorizing the appropriation of additional funds for city and school’s 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). Adjourned. There being no speakers to come before the Council at this time, Mayor Mary Katherine Greenlaw declared the hearing officially adjourned at 9:54 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, MMC 21987 Public Hearing 11/28/23 [This page intentionally left blank] 21988 Regular Session 11/28/23 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 November 28, 2023 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, November 28, 2023, 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, Assistant Tourism Director Margaret Morris, Planning and Building Services Director Charles Johnston, Principle Planner Michael Craig, Zoning Administrator Kelly Machen, Community Development Planner Bailey Thompson, Finance Director Robyn Shugart, Budget Analyst Donna Leahy, Director of Social Services Christian Galik, Assistant Director of Social Services Beth Girone, Human Resources Director Lesley Moore 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. 21989 Regular Session 11/28/23 Officer Recognized. Mayor Greenlaw recognized the presence of Deputy Sean Jett at this evening’s meeting. Presentation to Mayor Greenlaw from Bill Micks. Mr. Micks presented Mayor Greenlaw with a handmade paddle in appreciation of her service. Mayor Greenlaw was extremely thankful for the gift. Fredericksburg Clean and Green Update (D23-524). Chairman of the Clean and Green Commission George Solley presented a PowerPoint presentation. In his presentation he gave a brief history of the Commission, discussed membership and organization, Clean Committee, Green Committee, Sustainability Committee, major accomplishments, and what to expect moving forward. (See D23-524 for more information.) Councilor Duffy said this was one of the most vital commissions in the City and he thanked Mr. Solley for his work on the Council and on the Commission. He said it was the ground work that has helped this work to take off. He said this Commission has made a difference in the City and will continue to make a difference. Consent Agenda Accepted for Transmittal as Recommended (D23- 525 thru D23-531). 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). 21990 Regular Session 11/28/23 • Resolution 23-69, Second Read, Amending the Fiscal Year 2024 Budget for Consulting Services to Study Homelessness in Fredericksburg (D23-525). • Ordinance 23-19, Second Read, Updating the Purpose and Mission of the Clean and Green Commission, and Adding an Ex Officio Student Member (D23-526). • Transmittal of the Board and Commission Minutes o Architectural Review Board – September 25, 2023 (D23-527). o Fredericksburg Arts Commission – July 19, 2023 (D23-528). o Fredericksburg Arts Commission – August 16, 2023 (D23-529). o Fredericksburg Arts Commission – September 20, 2023 (D23-530). o Economic Development Authority – October 9, 2023 (D23-531). Public Hearing (D23-532 thru D23-543). 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. Scott DeHaven, 221 Braehead Drive, stated that he participated in the Small Area Plan 10 meetings and it was great to see the downzoning of Braehead Woods, but he questioned why only half of the subdivision was being downzoned and not the whole neighborhood. He asked for the rationale of splitting the neighborhood. Wendy LaRue (D23-544), 104 Brahead Drive, stated that she would like Braehead Drive to have the same zoning change throughout. She said it would be 21991 Regular Session 11/28/23 problematic if the top of the neighborhood would be allowed to subdivide lots because this would exacerbate the drainage and erosion problems. Ms. LaRue spoke of the standing water and the uneven edge leading to the drainage ditches. She also spoke about the abandoned house at 106 Braehead Drive and the feral cat issues. Council Agenda Presented. The following items were presented to Council for discussion. 8A. Ward 4 Citizen Complaints – Vice-Mayor Frye 8B. Teen Violence Steering Committee – Vice-Mayor Frye 8C. Smart Scale Process Update – Councilor Graham Ward 4 Citizen Complaints. Vice-Mayor Frye requested to take a ride with City Manager Baroody to review several requests. He expressed concern for pedestrian safety now that the pedestrian wall had been removed at the train station. Other concerns he spoke about were, bike and pedestrian safety on Dixon Street, a shooting on a very dark street and he would like to see about getting street lights on those dark streets, obstructed visibility because of large trees in the right-of-way, and requests for digital speed signs. Teen Violence Steering Committee. Vice-Mayor Frye thanked those who serve on the Steering Committee which was formed and geared toward teen violence in the City after the killing of two teenagers. He explained that this group works together to come up with future plans of how to help the youth and to make the City safer. He said it was amazing to see staff dedicate their time to something that was outside of their assigned duties. 21992 Regular Session 11/28/23 Smart Scale Process Update. Councilor Graham updated the Council on the Smart Scale process and how they are reviewing and scoring projects and what projects are eligible. The High Priority Projects (HPP) funds are going to go for projects that are multi-jurisdictional and individual localities may not apply for them. The projects will be scored partially on what sort of match the Metropolitan Planning Organization will bring to the table, which establishes the importance of a Regional Transportation Authority. The City had three specific projects that were bike and pedestrian standalone projects and they are no longer eligible. He said those projects may have to be discussed during budget season. Councilor Kelly said where the City was able to get funding for bike and pedestrian trails previously, they are now ineligible for funding through Smart Scale. They are more focused on the bigger projects. He said they were going to limit the number of projects we were going to be able to submit but that changed and now the City can continue to submit. Adoption of Minutes. Councilor Gerlach moved approval of the November 14, 2023 Public Hearing and Regular Session minutes; 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 23-73, First Read Approved, Amending the Fiscal Year 2024 Budget for Increases to Department of Social Services Pay Scales (D23-545). After staff presentation Councilor Duffy moved to approve Resolution 23- 21993 Regular Session 11/28/23 73, on first read, amending the Fiscal Year 2024 budget for increases to Department of Social Services pay scales; 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). Motion to Suspend the Rules. In order to place Resolution 23-73 on for second read Councilor Gerlach made a motion to suspend the rules; 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 23-73, Second Read Approved, Amending the Fiscal Year 2024 Budget for Increases to Department of Social Services Pay Scales (D23-545). After staff presentation Councilor Gerlach moved to approve Resolution 23-73, on second read, amending the Fiscal Year 2024 budget for increases to Department of Social Services pay scales; 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 23-74, Approved, Amending the Fiscal Year 2024 Budget to Construct a Welcome Center Access Road for Public Safety Vehicle Use (D23-546). After staff presentation Councilor Kelly moved to approved Resolution 23- 74, amending the Fiscal Year 2024 budget to construct a Welcome Center access road for public safety vehicle use; motion was seconded by Councilor Gerlach and passed by 21994 Regular Session 11/28/23 the following recorded votes. Ayes (7). Councilors Greenlaw, Frye, Devine, Duffy, Gerlach, Graham and Kelly. Nays (0). Resolution 23-75, Approved, Initiating an Amendment to the 2015 Comprehensive Plan to Adopt a New Small Area Plan for Planning Area 10 (D23-547 thru D23-551). Community Development Planner Thompson presented a PowerPoint presentation and after a brief discussion Councilor Duffy made a motion to approve Resolution 23-75, initiating an amendment to the 2015 Comprehensive Plan to adopt a new Small Area Plan for Planning Area 10; 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). Motion to Suspend the Rules. Councilor Gerlach made a motion to continue meeting passed 11:00 p.m.; motion was seconded by Councilor Devine and passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Devine, Duffy, Gerlach, Graham and Kelly. Nays (1). Councilor Frye. Resolution 23-76, Approved, Initiating Amendments to the Official Zoning Map to Rezone Approximately 124 Acres of Land Located in Planning Area 10 from R-4 Residential to R-2 Residential, as Recommended in the Draft Small Area Plan for Area 10 (D23-547 thru D32-551). Councilor Graham moved to approve Resolution 23-76, initiating amendments to the official zoning map to rezone approximately 124 acres of land located in Planning Area 10 from R-4 Residential to R-2 Residential, as Small Area Plan 21995 Regular Session 11/28/23 for Area 10; 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 23-77, Approved, Initiating Amendments to the Official Zoning Map to Rezone Approximately 7 Acres of Land Located in Planning Area 10 from Light Industrial and General Industrial to Creative Maker District, as Recommended in the Draft Small Area Plan for Area 10 (D23- 547 thru D23-551). Councilor Graham moved to approve Resolution 23-77, initiating amendments to the official zoning map to rezone approximately 7 acres of land located in Planning Area 10 from Light Industrial and General Industrial to Creative Maker District, as recommended in the draft Small Area Plan for Area 10; 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 23-78, Approved, Initiating Amendments to the Official Zoning Map to Adopt Form-Based Regulations for Approximately 12.58 Acres of Land Located South of the Blue-Gray Parkway and West of Emancipation Highway, as Recommended in the Draft Small Area Plan for Area 10 (D23-547 thru 551), Councilor Graham moved to approve Resolution 23- 78, initiating amendments to the official zoning map to adopt form-based regulations for approximately 12.58 acres of land located south of the Blue-Gray Parkway and West 21996 Regular Session 11/28/23 of Emancipation Highway, as recommended in the draft small Area Plan for Area 10; 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 23-79, Approving the Fredericksburg 2024 General Assembly Legislative Program (D23-552). Councilor Devine made a motion to approve Resolution 23-79, approving the Fredericksburg 2024 General Assembly Legislative Program; 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). City Manager’s Report and Council Calendar (D23-553 thru D23- 554). City Manager Baroody directed the Council’s attention to the Manager’s Update: Christmas Parade, Make Plans to Do Some Holiday Shopping After the Christmas Parade, Santa Train Tickets, Holiday Skate night, Let’s Celebrate with our Furry Friends, Holiday Driving Safety, Fredericksburg Veterans Day Processional, Interstate 95 Lanes Opening Ceremony, Fredericksburg Police Department CALEA Re-Accreditation, Public Meeting Held on Dixon Park Lighting, Community Resources, Youth Basketball Registration is Open, Recreation and Events Fall Catalog is available!, Fred Focus. Adjournment. There being no further business to come before the Council at this time, Mayor Greenlaw declared the meeting officially adjourned at 11:04 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor 21997 Regular Session 11/28/23 Tonya B. Lacey Tonya B. Lacey, Clerk of Council 21998