City Council

Regular Session 11/26/24 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 November 26, 2024 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, November 26, 2024, beginning at 7:30 p.m. in the Council Chambers of City Hall. City Council Present. Mayor Kerry P. Devine. Council members Dr. Timothy P. Duffy, Jonathan A. Gerlach, Jason N. Graham, Jannan W. Holmes and Dr. Will B. Mackintosh. City Council Absent. Vice-Mayor Charlie L. Frye, Jr., family emergency. Others Present. City Manager Timothy J. Baroody, Deputy City Manager Mark Whitley, Deputy City Manager David Brown, City Attorney Kelly Lackey, Assistant City Attorney Dori Martin, Director of Community Planning and Building Michael Craig, Historic Resources Planner Kate Schwartz, and Clerk of Council Tonya B. Lacey. Opening Prayer and Pledge of Allegiance. Council was led in prayer by Councilor Jason N. Graham 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. 22323 Regular Session 11/26/24 Proclamation for Small Business Saturday (D24-480). Mayor Devine presented Main Street President Bart Goldberg and Executive Director Chris Allen with a proclamation, proclaiming November 30 as the beginning of Small Business Saturdays through the month of December and she urged residents to support small businesses and merchants. Mr. Goldberg thanked the Mayor for the proclamation and he said this was an exciting time for small businesses. He said they were excited for the collaboration with the City for lighting up the downtown. Virginia Department of Transportation Update (D24-481). Marcie Parker, Fredericksburg District Engineer introduced her team Cathy Coffey, District Project Development Engineer, Burt Holloway, Senior Project Manager and Brian Bullock, District Design Engineer. Ms. Parker noted that the size of the six-year program had double in the past eight years. The smart scale program allows jurisdictions to seek state funds for projects that are important for residents. She said many of the projects are coming forward because they have the funding. Mr. Holloway presented the projects and gave a brief description of each: Route 1 and Fall Hill Avenue; Route 1 and Hanson Avenue and Princess Anne Street; Route 1 over Rappahannock Canal Bridge Replacement; Fredericksburg Canal Path Temporary Detour; Route 1 and Augustine Avenue Intersection Improvements; Route 3 Westbound Off-Ramp at Route 1 Northbound; Route 3 Improvements and I-95 Northbound Off Ramp; Route 3 and Lafayette Boulevard; Route 2/17 Widening; Lafayette Boulevard and 22324 Regular Session 11/26/24 Charles, Kenmore, Prince Edward; Twin Lakes and Kensington Connector; Sidewalk on Lafayette Boulevard (Alliance Way to Hillcrest Drive); Route 1 Bike and Pedestrian Improvements (Harrison Road to Idlewild); Dixon Park Connector; Fredericksburg Regional Multimodal Improvements; Schedule for Route 1 Corridor Projects; Schedule for Additional City Road Projects; Schedule for City Sidewalk, Path, and Trail Projects; and Falmouth Bridge Future Project. Mayor Devine informed the public that it was the Council’s hope that the Falmouth Bridge have pedestrian access, similar to Chatham Bridge. She also asked what noise issues there might be with the nighttime closures. Ms. Parker said construction can be loud but nighttime is the only time they can do the work because of the amount of traffic on Route 1. She also asked if there would be crosswalks at Lafayette and Kenmore and Ms. Parker said there would be. Councilor Mackintosh asked if there would be crosswalks on all legs on the intersection of Fall Hill and Route 1 and Mr. Holloway said there would be. Councilor Mackintosh also expressed concern about a second turn lane from Cowan to Route 1 south because it is a very dangerous area for cyclist and pedestrians. He is concerned a second turn lane would make it more dangerous. Ms. Parker said they were not fully committed to a crosswalk there they are still looking for the best place to cross Route 1. Councilor Mackintosh asked if there could be a crosswalk at Augustine and Route 1 and Ms. Parker said they could look into it but could not commit because of the volume of traffic. She said it would be safer to cross at signals. 22325 Regular Session 11/26/24 Councilor Mackintosh asked how long the Canal Path detour would be in place, Ms. Parker said it would be at least two years. She said they wanted to do what made sense so that the people could continue to the use the trail. Councilor Duffy echoed what Councilor Mackintosh said about crossing Route 1. He was excited for the projects; he said they would be great improvements to City life. Councilor Graham was concerned with the distance of the sidewalks from the road on Route 1. He wanted to be sure pedestrians felt safe. Mr. Holloway said it gets further away on Route 1 but he said they would stay away as much as possible. Councilor Graham asked if the sidewalk gets within four feet, there be some type of buffer or barriers. Councilor Holmes asked about Harrison Road down to Idlewild and why the sidewalk was not continued. Ms. Parker said it was based on the trail and that is what was applied for. Councilor Gerlach asked if VDOT looks at pedestrian/vehicle accidents when designing these projects and Mr. Parker said they review every accident. Consent Agenda Accepted for Transmittal as Recommended (D24- 482 thru D24-492). Councilor Graham removed item 5E from the Consent Agenda. Councilor Graham moved approval of the City Manager’s consent agenda with the exception of item 5E; motion was seconded by Councilor Gerlach and passed by the following recorded votes. Ayes (6). Councilors Devine, Duffy, Gerlach, Graham, Holmes and Mackintosh. Nays (0). 22326 Regular Session 11/26/24 • Resolution 24-79, Second Read, Amending the Fiscal Year 2024 Budget for the Multi-Purpose Stadium Fund: Whitley (Resolution 24-79, 2nd read approved) (D24-482). • Resolution 24-81, Approving a City Street Addressing Policy: Sherman, Lacey (Resolution 24-81 approved) (D24-483). • Transmittal of Potential Street Name Change from Forrest Avenue to Forest Avenue (D24-484). • Resolution 24-82, Approving a Law Enforcement Mutual Aid Agreement between the City of Fredericksburg and University of Mary Washington: Layton, Lacey (Resolution 24-82 approved) (D24-485). • Transmittal of Board and Commission Minutes o Architectural Review Board – September 23-2024 (D24-487). o Architectural Review Board – October 14, 2024 (D24-488). o Architectural Review Board – October 28, 2024 (D24-489). o Fredericksburg Arts Commission – July 17, 2024 (D24-490). o Fredericksburg Arts Commission – August 21, 2024 (D24-491). o Fredericksburg Arts Commission – September 18, 2024 (D24-492). Transmittal of the Traffic Engineering Study – Task 2 – Bicycle Boulevards and Pedestrian Improvements (D24-486). Councilor Graham asked staff to explain what the public should expect. Director of Community Planning and Building Craig explained that the next steps would be to talk with the public and there 22327 Regular Session 11/26/24 was a community meeting set for December 18. He said the goal coming out of that meeting is to have specific projects identified. Councilor Graham moved to accept the transmittal of the Traffic Engineering Study – Task 2 – Bicycle Boulevards and Pedestrian Improvements; motion was seconded by Councilor Mackintosh and passed by the following recorded votes. Ayes (6). Councilors Devine, Duffy, Gerlach, Graham, Holmes and Mackintosh. Nays (0). Public Hearing. There was no scheduled public hearing. Citizen Comment. The following comments were given and/or submitted to be read during the citizen comment portion of this evening’s meeting. Vanessa Caple, HOA President of Huntington Hills, spoke on behalf of some of the residents that were with her from Huntington Hill, Altoona and Great Oaks Neighborhoods. She said as a collective group they have lost faith in the City leadership and the City is heading to a path that lacks sustainability. She said they found out about the Greenbrier Shopping Center redevelopment and the 173 townhomes through an article that was posted. She has several concerns with putting the townhomes on this property: reduction of greenspace/tree canopy; traffic; drain on overcrowded schools; impacts on emergency medical. Ms. Caple noted that in the Comprehensive Plan this area was supposed to be a mixed-use development and that could bring in additional tax dollars. Scott Larimer, 102 Chase Lane, said he has been dealing with stormwater runoff since 2018. He had a sink hole open up because a storm drain collapsed behind his house and he filled it back in. He said he spoke with the city shop and they found it 22328 Regular Session 11/26/24 during a routine inspection and filled it back in and it continues to sink. He has called year after year and it still is not repaired. Mr. Larimer said Huntington Hills has runoff issues and he said if the greenspace is taken away and asphalt and townhomes are put in the Greenbrier Shopping Center there will be more runoff problems decreasing the property values. He said the City should fix its infrastructure. Jeannie Concepcion, 39 Seneca Terrace, spoke in opposition of the development at Greenbrier Shopping Center with 173 townhomes. She said she found out about the project by scrolling through Facebook. She asked about the pathway road to connect Route 3 and Cowan Boulevard a connection from Altoona to Idlewild so they can enjoy the trails. She also requested streetlights in her neighborhood. She asked the Council to consider the quality of life issues. Jesus Dominguez, 18 Apache Terrace, also spoke in opposition of the 173 townhomes. He said they make no sense and they will be out of place because of the gas station, restaurant and bank that will sit in front of the townhomes. He said he would like to see a mixed use with a few condominiums on top. There is no benefit because these homes will bring additional students, more traffic congestion, and a loss of greenspace. He questioned the approval process and he stated that the residents should have been notified about the project. Aleksander Radoulov (D24-493), 2510 Manor Drive 3A, asked that the Council propose and pass a ceasefire resolution as they did for Ukrainian residents two years ago. He asked the Council to speak up for their Palestinian and Lebanese residents. 22329 Regular Session 11/26/24 Rebecca Brenkman (D24-494), 1515 Caroline Street, asked the Council to meet with the community and constituents who are asking for one councilor to propose and pass a ceasefire resolution for the ongoing genocide that is happening to the Palestinian civilians in Palestine. Sameen Mansoor, 1018 Rampert Drive, support a ceasefire resolution for Palestine. Teresa Eastman (D24-495), 400 Crestview Way, stated that if the Council was not going to do anything about the Genocide happening in Palestine than she asked the Council to consider the environmental impacts because of the use of phosphorus and other toxic substances being used resulting in long-term environmental impacts. Celeste Dutkovic (D24-496),17 Sunset Ridge Ln, 22405, requested the Council pass the same resolution it passed for Ukrainian citizens and refugees replacing Ukrainian/Ukraine with Palestinian and occupied Palestine. Council Agenda Presented. The following item was presented for discussion. 8A. Pedestrian Safety – Councilor Mackintosh Pedestrian Safety – Councilor Mackintosh acknowledge three related pedestrian incidents that happened in the last week or so, one of them being fatal. There was one incident on November 16, a 26 year old male who was killed walking eastbound on Plank Road. On November 18, a 50 year old man was struck and injured crossing Fall Hill Avenue and on November 22 a pedestrian was struck in downtown near Princess Anne and William Street. 22330 Regular Session 11/26/24 Councilor Mackintosh asked the Council for feedback on his ideas in response to these accidents. His ideas were as follows: use the new public communications infrastructure to remind people of best practices like crossing at crosswalks; reach out to Pathways Committee and charge them to deliver information on their research on dangerous pedestrian hot spots in the City and moving forward some of the items in the downtown traffic study for implementations such as the leading interval pedestrian signal and pedestrian signage. Mayor Devine said she would like the Police Chief to weigh in with suggestions and have the City Manager report back. Councilor Graham stated there was lots of potential for the Pathways Committee to take a deep look and give the Council their recommendations. He was also in support of the pedestrian lead signal. He suggested focusing on those two items first. Councilor Holmes was also in support because if the City is going to be more walkable these things must be looked at. Mr. Baroody said if it was the Council’s will he would execute on a pedestrian safety campaign. He said on Pathways Committee he would engage Mr. Solley on the recommendations from the committee. He would bring that back with the community’s feedback in January. Councilor Gerlach suggested it might be helpful to have the Pathways Committee review the Downtown Traffic Study as well as Main Street because changes will affect the way traffic and pedestrians move around downtown. 22331 Regular Session 11/26/24 Adoption of Minutes. Councilor Gerlach moved approval of the November 10, 2024 Regular Session minutes; motion was seconded by Councilor Duffy and passed by the following recorded votes. Ayes (6). Councilors Devine, Duffy, Gerlach, Graham, Holmes and Mackintosh. Nays (0). Recreation Commission Appointment- Jane Shelhorse, Michael Drobnak (D24-497). After the recorded vote was taken, Jane Shelhorse was appointed to serve on the Recreation Commission with a vote resulting between applicants Jane Shelhorse and Michael Drobnak. Shelhorse (4) Devine, Duffy, Gerlach, Holmes; Drobnak (2) Graham, Mackintosh. Resolution 24-83, First Read Approved, Amending the Fiscal Year 2025 Budget to Authorize the Purchase of a Third Fire Apparatus (D24- 498). Chief Jones thanked the Council for the approval of an ariel truck two years ago he said it arrive today. He explained that it was time to replace some of their pumpers due to age. He said the delivery schedule was around 28 months for a new pumper built by a different manufacturer than the City normally uses. With the other manufacturer it could take anywhere from 36 to 48 months to get a vehicle. After a brief discussion Councilor Mackintosh moved to approve Resolution 24- 83, on first read, amending the Fiscal Year 2025 budget to authorize the purchase of a third fire apparatus; motion was seconded by Councilor Gerlach and passed by the 22332 Regular Session 11/26/24 following unanimously recorded votes. Ayes (6). Councilors Devine, Duffy, Gerlach, Graham, Holmes and Mackintosh. Nays (0). Suspend the Rules. In order to place Resolution 24-83 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 (6). Councilors Devine, Duffy, Gerlach, Graham, Holmes and Mackintosh. Nays (0) Resolution 24-83, Second Read Approved, Amending the Fiscal Year 2025 Budget to Authorize the Purchase of a Third Fire Apparatus (D24- 498). Councilor Gerlach moved to approve Resolution 24-83, on second read, amending the Fiscal Year 2025 budget to authorize the purchase of a third fire apparatus; motion was seconded by Councilor Graham and passed by the following unanimously recorded votes. Ayes (6). Councilors Devine, Duffy, Gerlach, Graham, Holmes and Mackintosh. Nays (0). Resolution 24-84, First Read Approved, Amending the Fiscal Year 2025 Budget to Provide a Grant to the Fredericksburg Area Museum to Support Design Work for a Public Memorial at the Intersection of William Street and Charles Street (D24-499). After a brief staff overview Councilor Gerlach moved to approve Resolution 24-84, on first read, amending the Fiscal Year 2025 budget to provide a grant to the Fredericksburg Area Museum to support design work for a public memorial at the intersection of William Street and Charles Street; 22333 Regular Session 11/26/24 motion was seconded by Councilor Mackintosh and passed by the following unanimously recorded votes. Ayes (6). Councilors Devine, Duffy, Gerlach, Graham, Holmes and Mackintosh. Nays (0). Suspend the Rules. In order to place Resolution 24-84 on for second read Councilor Gerlach moved to suspend the rules; motion was seconded by Councilor Holmes and passed by the following unanimously recorded votes. Ayes (6). Councilors Devine, Duffy, Gerlach, Graham, Holmes and Mackintosh. Nays (0) Resolution 24-84, Second Read Approved, Amending the Fiscal Year 2025 Budget to Provide a Grant to the Fredericksburg Area Museum to Support Design Work for a Public Memorial at the Intersection of William Street and Charles Street (D24-499). Councilor Gerlach moved to approve Resolution 24-84, on second read, amending the Fiscal Year 2025 budget to provide a grant to the Fredericksburg Area Museum to support design work for a public memorial at the intersection of William Street and Charles Street; motion was seconded by Councilor Holmes and passed by the following unanimously recorded votes. Ayes (6). Councilors Devine, Duffy, Gerlach, Graham, Holmes and Mackintosh. Nays (0). City Manager’s Report and Council Calendar (D24-500 thru D24- 501). City Manager Baroody directed the Council’s attention to the Manager’s Update: Christmas Parade, November is National Native American Heritage Month, Vehicle Weight Limit Posted at Falmouth Bridge, Celebration of Lafayette’s Visit to Fredericksburg and Commemoration Weekend, New LED Streetlights, School Zone 22334 Regular Session 11/26/24 Speed Cameras, Data Center Support, Fall Leaf Collection, Cowan Boulevard has Reopened, City Newsletter, YMCA Annual Turkey Trot, City Upgraded Water Meter Project has Launched, Reminder: Register for our Youth Basketball League, Holiday Notice, Traffic Safety Initiative, Parks, Recreation and Events Fall Catalog is 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 9:22 p.m. Kerry P. Devine Kerry P. Devine, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council 22335 Regular Session 11/26/24 [This page intentionally left blank] 22336