City Council

Public Hearing 09/10/24 HON. KERRY P. DEVINE, MAYOR HON. CHARLIE L. FRYE, JR., VICE -MAYOR, WARD FOUR CITY OF FREDERICKSBURG, VIRGINIA 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 September 10, 2024 The Council of the City of Fredericksburg, Virginia, held a public hearing on Tuesday, September 10, 2024, beginning at 8:01p.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. Assistant City Manager Mark Whitley, Assistant City Manager David Brown, Acting City Attorney Dori Martin, Planning and Building Services Director Charles Johnston, Principle Planner Michael Craig, Community Development Planner Bailey Thompson, Director of Economic Development and Tourism Josh Summit, Finance Director Robyn Shugart and Clerk of Council Tonya B. Lacey. Notice of Public Hearings (D24-267). The Clerk read the notice of the public hearings as it appeared in the local newspaper, the purpose being to solicit citizen input. Implementation of the 2023-2024 Consolidated Annual Performance and Evaluation Report (CAPER) for the Community Development Block Grant Program (D24-367). no speakers. Community Development Planner Thompson reported that this was a public hearing on the draft CAPER for the City’s Community 22247 Public Hearing 09/10/24 Development Block Grant (CDBG) program. This is 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 funds were spent during the program year. He noted that the public comment period runs through September 24. Mr. Thompson highlighted that in project year 2023 they received a grant for $201,420 and they expended $287,961.68 in CDBG funds. They spent 143% of the grant and he explained they used excess funds from previous years. The emergency home repair helped repair five homes for $133,742. They removed architectural barriers at seven properties at $73,160. They looked at traffic calming measures in the Mayfield Neighborhood along White Street, McKinney Street, Howison Avenue at $18,774. They also gave funds towards other programs such as Legal Aid Works and Fredericksburg HIV Support Services and Lois Ann Hope House. The remainder of the funds went to administration, information on fair housing and providing public information. Mr. Thompson asked that the public hearing remain open until September 24. Mayor Devine said she was amazed to hear this report and she said over 1,800 people were able to remain in their homes because of this work. Councilor Graham said this work is awe-inspiring by the number of lives that are changed because of this money. He said when this grant is mentioned to the regional boards many are unaware of what it does because the counties do not have access to these same programs and he wants everyone to realize how fortunate the City is to receive these funds. 22248 Public Hearing 09/10/24 Adjourned. There being no speakers to come before the Council at this time, Mayor Kerry P. Devine declared the hearing officially adjourned at 8:08 p.m. Kerry P. Devine Kerry P. Devine, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, MMC 22249 Public Hearing 09/10/24 [This page intentionally left blank] 22250 Regular Session 09/10/24 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 September 10, 2024 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, September 10, 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. Assistant City Manager Mark Whitley, Assistant City Manager David Brown, Acting City Attorney Dori Martin, Planning and Building Services Director Charles Johnston, Principle Planner Michael Craig, Community Development Planner Bailey Thompson, Director of Economic Development and Tourism Josh Summit, Finance Director Robyn Shugart and Clerk of Council Tonya B. Lacey. Opening Prayer and Pledge of Allegiance. Council was led in prayer by Vice-Mayor Charlie L. Frye followed by the Pledge of Allegiance led by Councilor Jason N. Graham. Officer Recognized. Mayor Devine recognized the presence of Lieutenant Jason Dring at this evening’s meeting. 22251 Regular Session 09/10/24 Proclamation for Disability Voting Rights Week (D24-362). Mayor Devine presented a proclamation to Deborah Lately, the Director of Advocacy for the disAbility Resource Center proclaiming the week of September 9-13, 2024 as National Disability Voter Registration Week. Draft Legislative Agenda for 2025 General Assembly – Preston Bryant (D24-363 thru D24-364). Mr. Preston presented a PowerPoint presentation and he covered the following topics: A Look Back: 2024 General Assembly; Politics: A Divided Government; Some 2024 Issues You Read About; State Budget (FY25, FY26) – General Overview; Looking Ahead: 2025 General Assembly; Economic Snapshot; State Budget Outlook is Optimistic; 2025 General Assembly: What to Expect; and Big Issues on the Horizon. (See D24-__ for more information). Consent Agenda Accepted for Transmittal as Recommended (D24- 366). Councilor Mackintosh pulled Item 5A for further discussion. Councilor Gerlach moved approval of the City Manager’s consent agenda with the exception of Item 5A; 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 24-62, Approved, Appointing Members of the Celebrate Virginia South Community Development Authority Board of Directors (D24-366). Resolution 24-63, Authorizing the City Manager to Execute the Fiscal Year 2025 Asphalt and Concrete Rehabilitation Program Contract 22252 Regular Session 09/10/24 with Gator Paving Company, Inc. (D24-365). Councilor Mackintosh pulled this item to discuss what opportunities there were to put traffic calming measures into the street repaving as routine maintenance was occurring. Assistant City Manager Brown said the purpose of this project was to resurface various streets. Each year they go through a process of evaluating the streets and make determinations and recommendations to City Council for consideration. The current streets were approved for resurfacing at a Council meeting a couple months ago. He explained with these projects, if there is a sidewalk, and there are no handicapped ramps they will put in handicap ramps because they are required by law or if the existing ramps are not compliant they are required to make them compliant. Mr. Brown said in this year’s budget they identified $100,000 for traffic calming but it was not incorporated into this project. He said they will be happy to look for other opportunities. The downtown two-way traffic study was underway and as part of the project they are looking at the feasibility of the conversion from one way to two- way in certain areas of the City. They will also evaluate those intersections to see if there are other improvements that could be done. They will look at those and determine how best to address them and they will become capital improvement projects. Councilor Mackintosh was concerned that the streets are resurfaced then the study comes in, recommending changes to the streets for bicycle and pedestrian safety. His concern is that they would be torn up for the suggested work and will have to be 22253 Regular Session 09/10/24 restored again. Mr. Brown said he understand the concerns but it would all depend on the recommendations. Councilor Mackintosh said there were two areas that he gets a lot of constituent complaints and that was on Airport Avenue and Stafford Avenue and he asked if there were any opportunities in the next couple of months to implement speed tables in the process. Mr. Brown said it was not worth incorporating into the project but they could evaluate and possibly take on another project. Councilor Mackintosh moved to approve Resolution 24-63, authorizing the City Manager to execute the Fiscal Year 2025 Asphalt and Concrete Rehabilitation Program Contract with Gator Paving Company, Inc.; 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). Public Hearing (D24-367). 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. Marilyn Brown, 629 Clover Hill Drive, Ruther Glen, VA 22546, stated that Thurman Brisben had put a family out that had four kids and they went to Micah Ministries and they have been staying in the woods with a baby. She claimed that Micah Ministry was serving old food. She said Social Services needed to do something about the family living in the woods with a baby. 22254 Regular Session 09/10/24 Rebecca Brenkman, 1515 Princess Anne Street, came to speak about how important it is for the City to pass a permanent ceasefire resolution for Palestine. Rebecca Light (D24-368), 207 Pitt Street, spoke out against data centers stating that compared to the surrounding counties the City did not have land large enough for a data center and she asked the Council to hit the pause button. Council Agenda Presented. The following items were presented to Council for discussion. 8A. Riverside Drive – Councilor Gerlach 8B. Neighborhood Gathering Places – Councilor Graham 8C. Parking Minimums – Councilor Graham Riverside Drive – Councilor Gerlach updated the Council on the volunteerism to clean up the area of the river during the summer. He praised Parks and Recreation, Police Department, Friends of the Rappahannock, and residents of Normandy Village. He said they removed over 5,000 pounds of trash that may have ended up in the river. There was a volunteer cleanup every Monday morning. There is resident only parking along one side of Riverside Drive and this will improve the site lines. There is now signage along the river to remind people to pick of their trash and no open fires. Councilor Gerlach thanked James Clayton the organizer of the cleanup. Neighborhood Gathering Places – Councilor Graham stated that as he was going through some of the current zoning and as there are discussions of the Comprehensive Plan the Council would be talking about what type of City they wanted it to be. The Council would like the City to be welcoming, friendly and a place that 22255 Regular Session 09/10/24 prioritizes community. He was surprised of how difficult it was to go places to have spontaneous interaction with neighbors. These are the activities that build community. He asked Council to support asking staff to look at zoning to allow for these type of spontaneous interactions in a community friendly way. Planning and Community Development Director Johnston said promoting places where people can gather is a vital part of building community. He said they could add that to the converstions of the Comprehensive Plan update. Councilor Duffy stated how important this was and he said many of the City’s suburban style areas don’t have that type of public space and it is needed to make the communities work better. Mayor Devine stated that there is such a mixed population in the City and it would be nice to have an organic space to gather in. Councilor Mackintosh noted that creating neighborhood centers creates opportunities for small businesses and those small businesses are what make Fredericksburg special. Parking Minimums – Councilor Graham like this to be an addendum to Councilor Mackintosh’s request concerning impervious surfaces. He said business owners should be given the opportunity to reduce their impervious surfaces and he said he would like to look at easing or removing parking minimums in the City. He would like to give incentives for reducing the impervious surfaces. He asked for Council’s support in directing staff to begin reviewing the removal of parking minimums 22256 Regular Session 09/10/24 throughout the City, to understanding what the impact could be in connection with the impervious surface idea brought forth by Councilor Mackintosh at the last meeting. Councilor Duffy thought it was worth looking into. He said it saves the City on infrastructure cost. He spoke of how important it was to get the business owners involved. Mayor Devine said the Council has talked about changing some of the parking regulations before but she would like to see a holistic approach. She was fine with looking at parking minimums but she was not ready to take action on them. Mr. Whitley explained that staff hears what the Council is saying and he cautioned that staff was currently working on the Council’s priority list from the June biannual meeting and the new request were pretty large request. He asked the Council to be patient with staff on bringing the items back to Council. He asked Mr. Johnston to speak on the Comprehensive Plan and the parking request. Mr. Johnston said the Comprehensive visioning process was happening and the parking minimum was definitely something they would be talking more about. Councilor Gerlach said he was supportive of ways to incentivize more pervious surfaces but he was skeptical of a complete overhaul of the parking regulations because a large percent of his constituent emails were about parking. He said it would require a robust engagement with the citizens. Councilor Mackintosh was in agreement with Councilor Graham stating that if the City was going to create financial disincentives to business owners for creating 22257 Regular Session 09/10/24 impervious surfaces it was only fair to give them alternatives. He wanted to be sure to give people tools to make the best choices. Adoption of Minutes. Councilor Duffy moved approval of the July 9, 2024 Regular Session minutes; motion was seconded by Vice-Mayor Frye and passed by the following recorded votes. Ayes (7). Councilors Devine, Frye, Duffy, Gerlach, Graham, Holmes and Mackintosh. Nays (0). Resolution 24-64, Approved, Adopting an Amendment to the 2015 Comprehensive Plan to Adopt a New Small Area Plan for Planning Area 10 (D24-369 thru D24-370). After a brief PowerPoint Presentation Councilor Mackintosh moved to approve Resolution 24-64, adopting an amendment to the 2015 Comprehensive Plan to adopt a new Small Area Plan for Planning Area 10; motion was seconded by Councilor Duffy and passed by the following unanimously recorded votes. (7). Councilors Devine, Frye, Duffy, Gerlach, Graham, Holmes and Mackintosh. Nays (0). Ordinance 24-20, Second Read Approved, Rezoning Approximately 114 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 (D24-369 thru D24-370). Councilor Graham moved to approve Ordinance 24-20, on second read, rezoning approximately 114 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; motion was seconded by Councilor Holmes and passed by the following unanimously 22258 Regular Session 09/10/24 recorded votes. (7). Councilors Devine, Frye, Duffy, Gerlach, Graham, Holmes and Mackintosh. Nays (0). Ordinance 24-21, Second Read Approved, Rezoning 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 (D24-369 thru D24-370). Councilor Duffy moved to approve Ordinance 24-21, on second read, rezoning 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 Holmes and passed by the following unanimously recorded votes. (7). Councilors Devine, Frye, Duffy, Gerlach, Graham, Holmes and Mackintosh. Nays (0). Ordinance 24-22, Second Read Approved, Rezoning Approximately 13 Acres of Land Located in Planning Area 10 to Adopt Form-Based Regulations, as Recommended in the Draft Small Area Plan for Area 10 (D24-369 thru D24-370). Councilor Duffy moved to approve Ordinance 24-22, on second read, rezoning approximately 13 acres of land located in Planning Area 10 to adopt form-based regulations, as recommended in the draft Small Area Plan for Area 10; motion was seconded by Vice-Mayor Frye and passed by the following unanimously recorded votes. Ayes (7). Councilors Devine, Frye, Duffy, Gerlach, Graham, Holmes and Mackintosh. Nays (0). 22259 Regular Session 09/10/24 Ordinance 24-26, First Read Approved, Amending Chapter 74 of the City Code (Utilities) to Conform Utility Disconnection Provisions of State Code for Residential Customers (D24-371). After staff presentation Councilor Graham moved to approve Ordinance 24-26, on first read, amending Chapter 74 of the City Code (Utilities) to conform utility disconnection provisions of State Code for residential customers; motion was seconded by Councilor Holmes and passed by the following unanimously recorded votes. Ayes (7). Councilors Devine, Frye, Duffy, Gerlach, Graham, Holmes and Mackintosh. Nays (0). Transmittal of an Ordinance Authorizing the Payment of Referral Bonuses to City Employees for Successful Referral for New Employees (D24-372). Assistant City Manager Whitley explained that after a successful hiring of an employee by recommendation from an existing employee, the employee will receive a bonus. He said with the difficulty in filling vacancies this will help in retaining and hiring employees. He stated that word of mouth was a good way to attract people. He suggested having an up to amount instead of a flat rate. Councilor Gerlach was supportive of the idea but he noted that the Council was also an employee of the City and he asked if wording could be added to exclude City Council from being eligible for the bonus. Resolution 24-65, Approved, Approval of a Contract between the Rappahannock Area Community Services Board and the Commonwealth 22260 Regular Session 09/10/24 of Virginia (D24-373). After a brief staff presentation Mr. Whitley noted that RACSB’s Director Mr. Joe Wicken was present to answer any questions. Councilor Holmes asked Mr. Wicken to provide and update to the Council on the services they provide so that the public would know the type of services they provide. She asked him to share information about the possible crisis center on the Roxbury site. Mr. Wicken said one of the greatest needs is mental health and one of the gaps in the community that they are unable to fill is for those who are in crisis and how to help them to deter them from hospitalization. He said the state has recognized and pinpointed that the Fredericksburg area was missing that piece. He said the demand for service has increase and people want help but they cannot provide it. They are trying to grow to meet the need and space was an issue. Mr. Wicken said they would be using the Roxbury site to provide services. The services they offer are: crisis stabilization unit services, emergency services, 23-hour observation and those services will go in the building they are trying to build. Mr. Wicken explained that their Board has provided a number of increases so that they can better market themselves, and this has helped with their hiring and shortages. Councilor Holmes asked how it was decided to focus on crisis centers versus prevention and Mr. Wicken explained that the focus is on treatment and not much on prevention but he said there needed to be more. 22261 Regular Session 09/10/24 Councilor Mackintosh said there had been some interest with Mary Washington Healthcare on a Crisis Receiving Center and Mr. Wicken said they had talks and after they met with the Hospital they seemed to have moved on. Mayor Devine expressed concern with the size and scope of the proposed facility in the downtown. Mr. Wicken explained that the center that they want to build would offer all the services that someone could seek and receive. This facility would provide assessments, evaluations, provide intervention (medication, observation), a place to rest up to 23 hours and they will determine the next step. Councilor Holmes asked whether the Crisis Receiving Center would serve adolescents and children. Mr. Wicken said they were trying to figure that out because it would require their own space. Councilor Holmes moved to approve Resolution 24-65, approval of a contract between the Rappahannock Area Community Services Board and the Commonwealth of Virginia; motion was seconded by Councilor Mackintosh and passed by the following unanimously recorded votes. Ayes (7). Councilors Devine, Frye, Duffy, Gerlach, Graham, Holmes and Mackintosh. Nays (0). City Manager’s Report and Council Calendar (D24-374 thru D24- 375). Assistant City Manager Whitley directed the Council’s attention to the Manager’s Update: Fredericksburg Parks, Recreation and Events, Parks Master Plan Survey, Remembering Former Mayor Lawrence A. Davies, Learning Lane Remains Closed, FXBG Forward, Water Meter Surveys Begin, Now Hiring! Join our FXBG Team Today, The Treasurer’s Office, Tip, Toss and Cover!, Christmas Parade Registration is Now Open, The 22262 Regular Session 09/10/24 Fredericksburg Police Department, Third-Party Mailer on Voter Registration Notices, Volunteers Needed, Scam Alert, Parks, Recreation and Events Fall Catalog is Now Available, and Fred Focus. Adjournment. There being no further business to come before the Council at this time, Mayor Devine declared the meeting officially adjourned at 9:31 p.m. Kerry P. Devine Kerry P. Devine, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council APPROVED 01-09-24 22263 Regular Session 09/10/24 [This page intentionally left blank] APPROVED 06-27-23 22264