City Council

Public Hearing 01/23/24 HON. KERRY P. DEVINE, MAYOR CITY OF FREDERICKSBURG, VIRGINIA HON. CHARLIE L. FRYE, JR., VICE -MAYOR, WARD FOUR HON. JANNAN W. HOLMES, AT-LARGE CITY COUNCIL HON. DR. WILL B. MACKINTOSH, 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 January 23, 2024 The Council of the City of Fredericksburg, Virginia, held a public hearing on Tuesday, January 23, 2024, beginning at 7:50 p.m. in the Council Chambers of City Hall. City Council Present. Mayor Kerry P. Devine. Vice-Mayor Charlie L. Frye, Jr., Council members Dr. Timothy P. Duffy, Jonathan A. Gerlach, Jason N. Graham, Jannan W. Holmes and Dr. Will B. Mackintosh. Others Present. City Manager Timothy J. Baroody, Assistant City Manager Mark Whitley, Assistant City Manager David Brown, City Attorney Kathleen Dooley, Planning and Building Services Director Charles Johnston, Principle Planner Michael Craig, Budget Analyst Donna Leahy, and Clerk of Council Tonya B. Lacey. Notice of Public Hearings (D24-24 thru D24-53). The Clerk read the notice of the public hearings as it appeared in the local newspaper, the purpose being to solicit citizen input. Ordinance 23-22, Second Read Approved, Amending the Residential Use and Density Regulations of the Unified Development Ordinance (D24- 24 thru D24-53). 45 speakers. Staff presented a PowerPoint presentation and in the presentation he discussed the Area Planning Work – Land Use/Infrastructure Focus, May 22041 Public Hearing 01/23/24 9 Council Initiated text amendments, Single-Family Attached (townhouse) Design/Unit Flexibility & Choice, he showed examples of Two Units Stacked, Environmental Protection Changes, Current sensitive areas with limits on use of density, Environmentally Sensitive Areas, Multi-family and Single-Family Attached Units Fractional Density Credit, How Proposed Density Credit Would have Impacted Recent Projects and he addressed questions that had been raised. Mr. Johnston explained that Planned Development zoning district for Idlewild specifies that you cannot tear down three townhomes to build four to take advantage of this amendment without going through a planned development amendment process. He also explained that the two over twos are being defined as a form of townhouse development and wherever townhouse development is allowed a two over two form would be allowed. They will still have to follow the units per acre regulations. Mr. Johnson explained the steps that were taken to get the project to this point. He said it started at a work session, and the Council was concerned about affordability and the need for smaller units. Staff sent a resolution to City Council for initiation and it went to the Planning Commission (PC) for public hearing and the PC made a recommendation to City Council. The item was placed on the December agenda for a first a read. Raymond Herlong (D24-26), 1009 Prince Edward Street, stated that the comments he has heard did not seem accurate per the first read documents. He pointed out that Amendment 4 was redefining “Single-Family Attached Dwellings to 22042 Public Hearing 01/23/24 include four story townhouses and this would allow them in every zone that allows Single-family attached dwellings. Mr. Herlong said Amendment 1 allows two units instead of one, on a single parcel, but only if the developer builds a large 4-story rather than a smaller building he said it would result in 4-story townhomes being the most lucrative to build. He said the current R-4 zoning was no protection because the staff presented a map of Small Areas 7 showing the intent to up-zone most of R-4 zoning to R-8. Mr. Herlong explained that up-zoning would significantly increase the impact of those amendments. Mr. Herlong stated that Amendment 4 should be rejected and Amendments 1, 2, and 3 needed refinement and should not apply to downtown, arteries or to existing neighborhoods. See D24-26 for more information. Libby Wassem, 1005 Albert Reynolds Drive, stated that she has move away three time and moved back three times because this was a quality place to raise children and grow old and adding population density would not advance the quality of life. She asked the Council to look at all options that are available. Ms. Wassem said increasing population density would not increase affordability. She suggested looking at what Austria has done for the past 40 years to keep their population down and people off the streets. She also recommended the Council look at Canada’s regulations to increase affordability. Mo Deadman, 214 Princess Anne Street, stated that she opposed all items in the Residential Use and Density Regulations proposed amendments. She understands that 22043 Public Hearing 01/23/24 there is an affordable housing crisis but allowing developers to add additional units will not address the issue. It will only allow the developer to charge market rates for smaller units. She suggested areas with established neighborhoods should not be subjected to higher density developments. She said high density was also inappropriate for commercial areas and although its not mentioned the historic district would be included in much of the affected area. Ms. Deadman said the historic district is the backbone of Fredericksburg’s tourist industry and changes should not be made without full discussion of the economic impact it would have in the area. She urged the Council to delay the amendments to give time to review the full impact. Anne Little, 716 William Street, stated she was concerned about density. She said the small town character that everyone comes to Fredericksburg for was melting away. She noted that since 2010, the City had lost four percent of its tree canopy and more has been lost with the construction of the new school. The loss of canopy degrades the quality of life. She warned of the seriousness of the heat island affect. She said ordinances like this one causes more issues and she asked the Council to pause and reconsider. Steven Rossi, 417 Virginia Avenue, works at North Stafford High School where there are 2400 students and he has a son that attends James Monroe because there are only 1100 students and he likes him being in a smaller school and smaller classes. He noted that parking was a nightmare in the City and with more housing there would be more cars. He said with more houses there would be more traffic. He likes the small town charm the City has. He was opposed to any changes. 22044 Public Hearing 01/23/24 Matthew Kelly, 1309 Hanover Street, spoke in opposition of the amendments. He stated that the only way to make housing affordable was to have subsidized housing. He also said this needed to be a regional effort and that conversation needed to be had before making any decision on this ordinance. Mr. Kelly said the City already has the most mixed housing in the region, it just isn’t affordable. He said the Historic District Preservation plans says that any changes within the historic district should involve a review by the Architectural Review Board and he said this has not been done. Sue Sargeant (D24-27), 1318 William Street, had concerns with the density ordinance. She stated that if the City was serious about providing affordable housing it should get away from rezoning where the developer is making money at the City’s expense and it forces those on low/fixed incomes to leave their homes. Ms. Sargeant suggested the Council establish a Public Housing Authority to address the housing needs of the City as well as starting a Community Land Trust. She said Mayfield was at risk of gentrification and a Community Land Trust would protect the neighborhood’s homeowners. She asked the Council to delay the vote on the ordinance. Dana Herlong (D24-28). 1009 Prince Edward Street, asked the Council to delay the vote to allow for answers to a list of questions she had. See D24-28 for more information. She also requested that there be public meetings to educate the community on the direction the City was headed and the impact the density changes would have on their properties, their quality of life and their taxes. Denise Malczewski, 220 Princess Anne Street, stated that her comments focus on the downtown area especially the density credits in the downtown commercial 22045 Public Hearing 01/23/24 district. She said greater density would not lead to lower rents and only the developers would benefit from the density credits. Ms. Malczewski added that the restaurant service workers would not be able to afford any of the newer units. The zoning changes expand the by-right building opportunities for developers by removing the need for special use permits and the City will have no leverage. Ms. Malczewski said the goal of the City was to generate more revenue and she wanted to know why the zoning changes encouraged residential zoning in commercial districts. She said this would have a negative effect on the downtown. She asked the Council to table action until they go out and meet with the residents to hear how they feel about the changes. Paula Chow (D24-28.1), 132 Caroline Street, stated that she was an advocate for affordable housing and passionate about historic preservation as well as protecting the environment. She said that affordable housing was a false promise because developers determine the rental rates and they need to make money. She said the infill and building up would ugly the City, and because of the infinite land it would not be affordable. She suggested that density in the right place can be affordable. Ms. Chow opposed amending the zoning ordinance and she asked the Council to delay the vote. Michael Kasey, 1305 Prince Edward Street, spoke in opposition to the density changes. He said he had three arguments: and changes sent to council from the Planning Commission should have an impact statement on the infrastructure; historic preservation will destroy the historic character and he said this was more about putting money in the developer’s pockets. He asked the Council to consider these three things. 22046 Public Hearing 01/23/24 Hamilton Palmer, 1500 Caroline Street, had questions on some of the City goals that were listed in the staff report such as: Enhancing the Quality of City Residential Areas but these changes are not applicable to single family neighborhoods. He was unsure how these changes would make Distinct and Attractive Neighborhoods. Mr. Palmer asked how much of the unbuildable land had been taken credit for and how much was in conservation easements. He said many of the text change amendments were not comprehensive. Mr. Palmer made complaints on the advertisements and he said the neighborhoods were not contacted. Mary Mann, 1413 Winchester Street, spoke in opposition of the proposed changes and she asked the Council to hold off on approving the changes. Bryan Stelmok, 109 Twin Lake Drive, stated that the notification of these changes did not get out to the neighborhoods until two days prior to the meeting and he said there was not an outreach like the Council did with the Accessory Dwelling Units (ADU) topic. He said the definitions of single-family residences and single-family attached were being stretched. He felt that the two over twos were not single family homes they are condos. Mr. Stelmok said Planned Development Residential (PDR) zoning was being rewritten for the Jeremiah project to proceed. Karen Vossenburg, 609 Hawke Street, stated that she does not want the density of Fredericksburg increased any more than it already has. She said the City Council feels the need to fulfill everyone’s housing desires. She listed many of the housing projects that had been built over the past few years and she asked if the cost of housing had 22047 Public Hearing 01/23/24 come down, and she said it had not. She stated that housing issues should be looked at by multi-jurisdictions to try and solve the issues. Ed Sandtner, 132 Caroline Street, asked what the goal was with the density change and he asked who benefits from the changes and he felt it would be the developer. He said this item needed to be tabled in order to have a look at what the issues are and what is really needed. He said this needs to involve a broad base of residents. He suggested putting the proposal on the ballot to see what the people want. Susan Tyler, 802 Mortimer Avenue, stated that the developers are the ones that are causing the votes and she asked if the Council was protecting and representing the citizens. She felt that people who do not live in the City were making decisions for the City. Rupert Farley, 1305 Caroline Street, commended the City for doing a good job at publicizing this public hearing. He said many of the comments made were about things you get when you have more density. He explained that the price per person goes down and public transportation gets better. He recommended the Council proceed. Mary Maher Rose, 409 Hanover Street, she said all the questions and comments were profound and she was supportive of them. She was also supportive of Councilor Gerlach on his idea of establishing a buffer around the historic district. She was not comfortable with this being by-right and no notification. Rick Pullen, 1321 Augustine Avenue, said if the City were to get the affordability what would it do to property values. He suggested it would drive down property values for the homeowners in the City. He noted there was limited housing and buildable 22048 Public Hearing 01/23/24 property in the City so you can only build a limited amount of houses. He said what was being proposed was a land grab, taking houses that already exists and knocking them down to build more houses on them and because of the land value whatever is built on those properties would not be affordable. Mary Ellen Wheeler (D24-29), 1201 Princess Anne Street, wrote in opposition of the proposed density ordinance. She said there was a disregard for public notice. She said this proposal was a major rezoning and that it was investment driven. Ms. Wheeler stated that it is suggested that increased housing density would lead to lower housing cost/or greater diversity of income groups housed therein, but it does not. Kim McClellan (D24-30), 1509 Idlewild Boulevard, wrote in support of the amendments to the Unified Development Ordinance to allow density credits and greater flexibility for multi-family construction. She said finding affordable housing was an ever-present challenge for renters and purchasers. Ms. McClellan said a wide range of available property types was vital to a healthy real estate market and the City was suffering from a low supply causing higher prices. Robert Podlensny (D24-31), 310 Frederick Street, Unit 301, stated that before amending building restrictions the City must lay out a comprehensive plan to address current, fundamental safety issues, it must enforce speeding, install crosswalks at all four corners of every intersection, require a minimum of two off street parking spaces per the first bedroom and one for each additional bedroom. Katherine Piper (D24-32), 1018 Rappahannock Avenue, asked the Council to delay the vote on the density changes. Ms. Piper had concerns with the following: the 22049 Public Hearing 01/23/24 greater density would not lower rents, commercial is better than residential because commercial provides more income than residential, housing diversity already exists/highest density in City and Drop in the Bucket Effect, Yet Risky for City tourism. She said tourist come to see 18th and 19th century buildings and to shop and dine and apartment buildings offer nothing. Linda Thornton (D24-33), 1331 Hanover Street, asked the Council to delay the vote and set up community meetings to discuss why this was being proposed, how it will impact all areas of the City and what the impact will be on neighborhoods, services, taxes and schools. Ralph Joseph (D24-34), 913 Cornell Street, stated that he was opposed to the density regulation changes. Mr. Joseph suggested that there could be a number of reasons no one spoke at the previous meetings; people may have been puzzled and confused by the proposed amendments. He feels that decisions are being made by the Planning Commission that completely ignore citizen’s concerns about density, zoning changes in residential neighborhoods permitting infill, destruction of green space, and encouraging, “tear downs” of single-family homes to build townhouses, condominiums, and apartments. Mr. Joseph asked that the proposed amendments not be approved. Daniel Huerta (24-35), 804 Adams Street, stated that there had not been any discussions or explanations of what the code changes mean and what effects they will have on residents. He requested a delay in voting on this and begin having discussions with the public. 22050 Public Hearing 01/23/24 Steve Spratt (D24-36), 710 Virginia Avenue, requested the City Council delay the vote on the density ordinance so that the citizens could better understand the ramifications of increased density. He said he was afraid that the increased density would negatively impact the quality of life by putting more cars on the roads, more children in the schools and possibly strain the water and sewer capacity. He said the residential parking downtown was already tight. Julie Kay (D24-37), 1616 Franklin Street, stated that the City does not need to become Arlington or Alexandria. She said she moved here for the green space, charm, light traffic and historic buildings. She said the Council seems to value development over planning. She said she was still an advocate for ADU’s but only if they reused buildings already in place. Eugene Guy Gormley (D24-38), 1419 Buckner Street, requested the Council delay the vote on the changes because he felt it was being done too swiftly, without a sense of the impacts to the City and without sufficient input form the citizens. He said this would destroy the historic character of the downtown and lead to the destruction of the character of the distinct neighborhoods. Rebecca Light (D24-39), 207 Pitt Street, stated that this zoning amendment would allow by-right built two-over-two vertically stacked four story townhomes as new residential neighborhoods and infill existing neighborhoods and this would transform the City’s tourist destination into another Northern Virginia City. She requested the item be deferred for further study. 22051 Public Hearing 01/23/24 Jackie Emory (D24-40), 605 Fauquier Street, stated that the proposed changes were unprecedented and would have huge long term consequences on the quality of life for the community and it would not accomplish the goal of affordable housing. She said the proposal would also reduce, and in some cases, eliminate parking space requirements. Ms. Emory said it was not true that these amendments would allow for affordable housing. Nancy Segarra (D24-41), 121 Hillcrest Drive, said that the increased density would benefit developers and harm individual. She urged the Council to vote against the change in the ordinance. She said the wastewater treatment plant could not handle what has to be treated currently and increased density should not be granted until after adequate improvements are made to the infrastructure. Mike Worsham (D24-42), 1317 Royston Street, said he did not believe the Citizens were adequately informed on the ramifications of the rezoning. He asked the Council to delay the vote and take steps to inform and solicit input from the citizens. He said there does not seem to be enough space to provide the amount of rentals necessary to reduce prices. Ronald Smith (D24-43), 1318 William Street, stated that it was not possible for everyone to live in the City but by fixing up the FRED bus system with reliable schedules they could live in the surrounding counties and ride in to work. He noted that the housing would not be close to affordable because they will go at current market rates. Danae Peckler (D24-44), 1410 Prince Edward Street, stated that Historic Fredericksburg Foundation, Inc. sent a letter to City Council that posed several questions 22052 Public Hearing 01/23/24 about how the proposed amendments would impact current development trends within the Historic District and surrounding neighborhoods. Ms. Peckler said some of the most affordable housing exists within the older smaller buildings around the downtown core and they are under increased pressure for redevelopment. She said these buildings remain a critical component of Fredericksburg existing residential stock. Ms. Peckler said that City Preservationist Kate Schwartz presented to Council incentives recommended, to preserve those assets and she hoped the City Council and staff would move forward with the proposed amendment. Catherine Farley and Vincent Rameneda (D24-45), 536 George Street, urged the Council to slow down on the proposed changes for increased density. They said the increased density would alter the character of the historic and residential neighborhoods and potentially impact the historic tourism which brings tax dollars to the City. They said this vote would profoundly alter the character of the City going forward. Terri Mullen (D24-46), 1315 Franklin Street, asked the Council to delay the vote and set up community meetings to discuss the changes with the residents. Cheryl Zadlo (D24-47), 1321 Augustine Avenue, asked the Council to delay the vote and set up community meetings to discuss the changes with the residents. Sarah Gromley (D24-48), 530 Princess Anne Street, asked the Council to delay the vote and set up community meetings to discuss the changes with the residents. S. Leigh Morris (D24-49), 1321 College Avenue, asked the Council to delay the vote and set up community meetings to discuss the changes with the residents. 22053 Public Hearing 01/23/24 Barry Clark (D24-50), 1504 Winchester Street, spoke in favor of the zoning reform proposal, he said it would add to the diversity of housing options and the affordability crunch that many people are facing. Seth Casana (D24-51), 1305 Princess Anne Street, was in favor of the new zoning ordinance because it encouraged affordable housing. He said the current policy encourages developers to maximize home size at the exclusion of most other considerations. Mr. Casana said by introducing fractional density, it could encourage developers to include smaller, and more affordable, housing options into the community. Andre Pineda (D24-52), 230 Princess Anne Street, said that in general he was supportive of additional measures to increase housing options in the City of Fredericksburg. He explained that escalating housing costs was a major problem in the community. He said he see and hear the concerns from the young people that he hires as well as from the many people that he interacts with. He was also concerned where people who are born with different abilities and gifts would live. Mr. Pineda said he is aware that change is difficult and he knows that the proposed ordinance would not magically change everything for the better and there would be unexpected challenges but the City has to start somewhere. Arleatha Copeland-Bumbrey (D24-53), 315 Princess Anne Street, stated that adding more condos/townhomes like the ones added within the last 2-3 years would not allow lower or median income young people to afford housing in Fredericksburg. She said increasing density would not address or help the problem of affordable housing 22054 Public Hearing 01/23/24 in Fredericksburg. Ms. Bumbrey expressed that income bias, racial and economic disparity, diversity prejudices, and wanting more money for the developer’s pockets and more tax money for the city were factors in this decision. She asked the Council to reconsider approving the increased density. Councilor Duffy asked Mr. Johnston to give more information on the impact this change would have on an existing development. Mr. Johnston used Winchester Place Apartments as an example, it has a total of 34 units, four are efficiencies at an average of 545 square feet, eight are one bedrooms at 861 square feet, 14 are large one bedrooms at 933 square feet and eight are two bedrooms at 1,176 square feet. With the discount the four efficiencies would count as two units and the eight one bedroom units would count as two units and the large one bedroom and the two bedroom units would not change. This would bring the unit count to 29 units and the density would change from 24 units per acre to 20 units per acre. He explained that because there are no commercial units in this project the maximum units it could have is 24 units per acre. He noted that only mixed units could go over 24 units per acre by right. He said the developer could add additional units if they chose to. the units could be efficiency units or smaller one bedroom units. Councilor Duffy stated that he was supportive of the smaller units and he understands it would not solve the affordable units issue in the City but it would make opportunities for housing to be less expensive than it may be. He said he was pleased to see the support for affordable housing and it lets the Council know that it is something they need to spend tax dollars on. 22055 Public Hearing 01/23/24 Councilor Gerlach asked if neighbors would be notified and Mr. Johnston explained that if an existing project has two, two bedroom apartments and they are converted into studio units the neighbors would not be notified, but if there was a vacant lot or a property that is torn down the adjacent property owners are notified today and would continue to be notified. Vice-Mayor Frye said that he hoped everyone could do a better job at communicating with one another. He was disappointed with how negative and direct the comments were during the comment period. Councilor Mackintosh explained that he thought the language of density and units was very technical. He explained that when talking about density and units, it is actually talking about people and who should live where and who can and how many can live in a place. The moral question is who should live in the City and where should they live. He said they are not talking about moving large numbers of people around the City but redistributing the arrangements under which they can live within a building. Councilor Mackintosh explained that this revision makes sense to him because it’s the city getting out of the way and allowing people to live how they want to live. In regards to affordability, he said not taking action is taking action, and the City must consider what would happen if they do not do anything and what would have happened if the City had not allowed the building of all the units it has built in the last few years. He added that due to basic laws of supply and demand, had those units not been built, the housing cost would have gone up even more. If those units were not 22056 Public Hearing 01/23/24 built the City would be in a worse situation. Councilor Mackintosh said new builds are not the affordable options but they allow the older units to be affordable. Councilor Graham stated that he was in support of the changes for many of the reasons Councilor Mackintosh stated but he said it is the opportunity of choice that is part of his moral decision making when it comes to housing. He added that buying a single family home was not going to be an option for everyone and providing the opportunity of choice was the morally correct path. Councilor Graham moved to approve Ordinance 23-22, on second read, amending the residential use and density regulations of the Unified Development Ordinance; motion was seconded by Councilor Duffy. Mayor Devine was shocked that the so many were surprised because the Council had been discussing redevelopment openly in meetings, workshops and other ways for at least a decade. The housing stock is low and she said she hears from medical personnel regularly, teachers, police, fire and others who want to live in the City. She said the City has been talking about its gateways and having them be more enhanced. She also stated that she heard the comments regarding commercial growth and she noted that commercial growth was changing because the markets have changed. The housing stock in Fredericksburg does not fill the needs of the people who live and work in the City. This ordinance is not the answer to all affordability needs in the City, it is for housing needs. She said growth was coming and the city needed to be prepared for it. Councilor Holmes agreed with all that had been said but she agreed that the language was confusing and she encouraged citizens that if there is something that is 22057 Public Hearing 01/23/24 confusing to reach out to staff. She explained that this will allow developers options for density and diversity of housing options in the City. She was also in agreement that more needed to be done about affordability. The motion passed by the following recorded votes. Ayes (7). Councilors Devine, Frye, Duffy, Gerlach, Graham, Holmes and Mackintosh. Nays (0). Adjourned. There being no speakers to come before the Council at this time, Mayor Kerry P. Devine declared the hearing officially adjourned at 10:22 p.m. Kerry P. Devine Kerry P. Devine, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, MMC 22058 Regular Session 01/23/24 HON. KERRY P. DEVINE, MAYOR CITY OF FREDERICKSBURG, VIRGINIA HON. CHARLIE L. FRYE, JR., VICE -MAYOR, WARD FOUR HON. JANNAN W. HOLMES, AT-LARGE CITY COUNCIL HON. DR. WILL B. MACKINTOSH, 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 January 23, 2024 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, January 23, 2024, beginning at 7:30 p.m. in the Council Chambers of City Hall. City Council Present. Mayor Kerry P. Devine. Vice-Mayor Charlie L. Frye, Jr., Council members Dr. Timothy P. Duffy, Jonathan A. Gerlach, Jason N. Graham, Jannan W. Holmes and Dr. Will B. Mackintosh. Others Present. City Manager Timothy J. Baroody, Assistant City Manager Mark Whitley, Assistant City Manager David Brown, City Attorney Kathleen Dooley, Planning and Building Services Director Charles Johnston, Principle Planner Michael Craig, Budget Analyst Donna Leahy, and Clerk of Council Tonya B. Lacey. Opening Prayer and Pledge of Allegiance. Council was led in prayer by Vice-Mayor Charlie L. Frye, Jr. followed by the Pledge of Allegiance led by Councilor Jason N. Graham. Officer Recognized. Mayor Devine recognized the presence of Officers DeAndre McCoy, Stephen Manahan and Deputy Daren Hill at this evening’s meeting. Tri-County/City Soil and Water Conservation District Annual Report (D24-20). Education & Outreach Coordinator Madison Morgan presented a 22059 Regular Session 01/23/24 PowerPoint presentation and she discussed what Tri County City Soil and Water Conservation District does, the members of the Board of Directors, Tri County City SWCD Staff, their goals, how they accomplish their goals, supporting future leaders, locality contributions, how are they helping, FXBG Stats, Virginia Conservation Assistance Program, outreach FY23, and 2023 Virginia Clean Farm Award. See D24-20 for more information. Consent Agenda Accepted for Transmittal as Recommended (D24- 21 thru D24-23). Councilor Gerlach moved approval of the City Manager’s consent agenda; motion was seconded by Councilor Graham and passed by the following recorded votes. Ayes (7). Councilors Devine, Frye, Duffy, Gerlach, Graham, Holmes and Mackintosh. Nays (0). o Resolution 24-04, Extending the Term of the Cox Cable Television Franchise (D24- 21). o Transmittal of the Board and Commission Minutes o Planning Commission – July 13, 2023 (D24-22). o Public Transit Advisory Board – October 4, 2023 (D24-23). Public Hearing (D24-24 thru D24-53). The regular session was recessed in order to conduct scheduled public hearings and immediately reconvened upon their conclusion. Citizen Comment. There were no comments given and/or submitted to be read during the citizen comment portion of this evening’s meeting. 22060 Regular Session 01/23/24 Council Agenda Presented. The following items were presented to Council for discussion. 8A. Martin Luther King, Jr. Day – Councilor Duffy 8B. I-95 Traffic Noise in Idlewild – Councilor Mackintosh Martin Luther King, Jr. Day. Councilor Duffy spoke of how proud he was of the event put on by the NAACP. He said all of the speakers were tremendous this year and he spoke of how much it has grown over the years. I-95 Traffic Noise in Idlewild. Councilor Mackintosh stated that he was startled by the traffic noise near the new middle school. He said this location seems to be a great location for a noise barrier. He asked the Council if they were interested in seeing if VDOT would make it happen. Councilor Graham said that he has spoken with VDOT personally and they said the berm was sufficient. He explained that this was a constant complaint from residents. Councilor Graham asked if there would be support if the City sent a letter to VDOT for a sound wall. Councilor Mackintosh asked if there was a way to get data on the noise level and Mr. Baroody said he would work on it. Board of Zoning Appeals – Steven Eubanks (D24-54). Councilor Duffy made a motion to reappoint Steven Eubanks to the Board of Zoning Appeals; motion was seconded by Councilor Holmes and passed by the following recorded votes. Ayes (7). Councilors Devine, Frye, Duffy, Gerlach, Graham, Holmes and Mackintosh. Nays (0). 22061 Regular Session 01/23/24 Economic Development Authority – Joel Griffin (D24-55). Councilor Gerlach made a motion to appoint Joel Griffin to the Economic Development Authority; motion was seconded by Councilor Duffy and passed by the following recorded votes. Ayes (7). Councilors Devine, Frye, Duffy, Gerlach, Graham, Holmes and Mackintosh. Nays (0). Resolution 24-05, First Read Approved, Amending the Fiscal Year 2024 Budget to Appropriate Funds for Repairs to the Sanitary Sewer Line in the Vicinity of Cowan Boulevard (D24-56). Upon a motion Councilor Graham moved to approve Resolution 24-05, on first read, amending the Fiscal Year 2024 budget to appropriate funds for repairs to the sanitary sewer line in the vicinity of Cowan Boulevard; motion was seconded by Councilor Duffy and passed by the following unanimously recorded votes. Ayes (7). Councilors Devine, Frye, Duffy, Gerlach, Graham, Holmes and Mackintosh. Nays (0). Motion to Suspend the Rules. In order to place Resolution 24-05 on for second read Councilor Gerlach moved to suspend the rules; motion was seconded by Councilor Graham and passed by the following unanimously recorded votes. Ayes (7). Councilors Devine, Frye, Duffy, Gerlach, Graham, Holmes and Mackintosh. Nays (0) Resolution 24-05, Second Read Approved, Amending the Fiscal Year 2024 Budget to Appropriate Funds for Repairs to the Sanitary Sewer Line in the Vicinity of Cowan Boulevard (D24-56). Upon a motion Councilor Gerlach moved to approve Resolution 24-05, on second read, amending the Fiscal Year 2024 22062 Regular Session 01/23/24 budget to appropriate funds for repairs to the sanitary sewer line in the vicinity of Cowan Boulevard; motion was seconded by Councilor Duffy and passed by the following unanimously recorded votes. Ayes (7). Councilors Devine, Frye, Duffy, Gerlach, Graham, Holmes and Mackintosh. Nays (0). Resolution 24-06, First Read Approved, Amending the Fiscal Year 2024 Budget to Appropriate Funds in the Transit Fund for Grant Carryovers (D24-57). Upon a motion by Councilor Duffy, Resolution 24-05, was approved on first read, amending the Fiscal Year 2024 budget to appropriate funds in the Transit Fund for grant carryovers; motion was seconded by Councilor Graham and passed by the following unanimously recorded votes. Ayes (7). Councilors Devine, Frye, Duffy, Gerlach, Graham, Holmes and Mackintosh. Nays (0). Resolution 24-07, Approved, Amending the Fiscal Year 2024 Budget to Appropriate Funds in the General Fund for the City Attorney’s Office (D24-58). After staff presentation Councilor Duffy moved to approve Resolution 24-07, amending the Fiscal Year 2024 budget to appropriate funds in the General Fund for the City Attorney’s Office; motion was seconded by Councilor Gerlach and passed by the following recorded votes. Ayes (7). Councilors Devine, Frye, Duffy, Gerlach, Graham, Holmes and Mackintosh. Nays (0). City Manager’s Report and Council Calendar (D24-59 thru D24-60). City Manager Baroody directed the Council’s attention to the Manager’s Update: 22063 Regular Session 01/23/24 Fredericksburg Area Museum and the City Announce Wayside Panel Trolley Tour, Community Meeting on Small Area Plan 5, March 5th Presidential Primary, The Fredericksburg Hockey League, Washington Capitals and City of Fredericksburg, Sheriff Deputy’s Honored, Fredericksburg Law Enforcement, Business Incentive to Support Arts Community, Downsizing and Decluttering, Family Sensory Play Day, Traffic Safety Initiative, Community Resources, Real-Time Text Messages or Emails, Spring Soccer and Field Hockey Registration Now Open, Calling all Local Artist, Kids Can Show Off Their Artistic Talents, Attention Dads, Grandpas, Uncles, and Big Brothers, Parks, Recreation and Events Spring and Summer Catalog is Available and Fred Focus. Vice-Mayor Frye noted that he and City Manager Baroody had taken a ride around the City to look at things that could be improved in the City. He said this shows dedication and he stated that the City has a staff that is will willing to do anything at any hour. Adjournment. There being no further business to come before the Council at this time, Mayor Devine declared the meeting officially adjourned at 10:41 p.m. Kerry P. Devine Kerry P. Devine, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council 22064