City Council

Public Hearing 05/13/25 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. SUSANNA R. FINN, WARD THREE Council Chambers, 715 Princess Anne Street Fredericksburg, Virginia 22401 May 13, 2025 The Council of the City of Fredericksburg, Virginia, held a public hearing on Tuesday, May 13, 2025, beginning at 7:40p.m. in the Council Chambers of City Hall. City Council Present. Mayor Kerry P. Devine. Vice-Mayor Charlie L. Frye, Jr., Council members Susanna R. Finn, Jonathan A. Gerlach, Jason N. Graham, Jannan W. Holmes and Dr. Will B. Mackintosh. Others Present. City Manager Timothy J. Baroody, Deputy City Manager Mark Whitley, Deputy City Manager David Brown, City Attorney Kelly J. Lackey, Economic Development Director Joshua Summits, Finance Director Amanda Six, Senior Budget Analyst LaToya Marshall-Gronhoff and Clerk of Council Tonya B. Lacey. Notice of Public Hearings (D25-211 thru D25-212). The Clerk read the notice of the public hearings as it appeared in the local newspaper, the purpose being to solicit citizen input. Ordinance 25-07, First Read Approved, Amending the Fee Schedule for Planning and Zoning Applications (D25-211). No speakers. After staff presentation, Councilor Gerlach moved to approve Ordinance 25-07, on first read, amending the Fee Schedule for Planning and Zoning applications; motion was seconded 22531 Public Hearing 05/13/25 by Vice-Mayor Frye and passed by the following recorded votes. Ayes (7). Councilors Devine, Frye, Finn, Gerlach, Graham, Holmes and Mackintosh. Nays (0). Ordinance 25-08, First Read Approved, Amending the Schedule of Fees for Building Services (D25-211). Councilor Mackintosh moved to approve Ordinance 25-08, on first read, amending the Schedule of Fees for Building Services; motion was seconded by Councilor Graham and passed by the following recorded votes. Ayes (7). Councilors Devine, Frye, Finn, Gerlach, Graham, Holmes and Mackintosh. Nays (0). Resolution 25-31, First Read Approved, Fiscal Year 2025 Budget Amendment Authorizing the Appropriation of Fiscal Year 2024 Carryovers and Approving Additional Appropriations for Certain Capital Projects (D25-212). No speakers. After staff presentation, Councilor Graham moved to approve Resolution 25-31, on first read, Fiscal Year 2025 budget amendment authorizing the appropriation of Fiscal Year 2024 Carryovers and approving additional appropriations for certain capital projects; motion was seconded by Councilor Mackintosh and passed by the following recorded votes. Ayes (7). Councilors Devine, Frye, Finn, 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 7:47 p.m. Kerry P. Devine Kerry P. Devine, Mayor 22532 Public Hearing 05/13/25 Tonya B. Lacey Tonya B. Lacey, Clerk of Council, MMC APPROVED 10-10-23 22533 Public Hearing 05/13/25 [This page intentionally left blank] 22534 Regular Session 05/13/25 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. SUSANNA R. FINN, WARD THREE Council Chambers, 715 Princess Anne Street Fredericksburg, Virginia 22401 May 13, 2025 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, May 13, 2025, 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 Susanna R. Finn, Jonathan A. Gerlach, Jason N. Graham, Jannan W. Holmes and Dr. Will B. Mackintosh. Others Present. City Manager Timothy J. Baroody, Deputy City Manager Mark Whitley, Deputy City Manager David Brown, City Attorney Kelly J. Lackey, Economic Development Director Joshua Summits, Finance Director Amanda Six, Senior Budget Analyst LaToya Marshall-Gronhoff and Clerk of Council Tonya B. Lacey. Opening Prayer and Pledge of Allegiance. The council was led in prayer by Vice-Mayor Charlie L. Frye, Jr., followed by the Pledge of Allegiance led by Miss Lily Jean Armstrong. Officer Recognized. Mayor Devine recognized the presence of Detective Gloria Mejia at this evening’s meeting. Proclamation for the Marine Corp Historic Half (D25-205). Mayor Devine presented Mr. Alex Heatherington and Ms. Angela Anderson from the Marine 22535 Regular Session 05/13/25 Corp Historic Half with a proclamation proclaiming May 18 as Marine Corp Historic Half Day and encouraged the citizens of the Community to open their arms with support by cheering on the runners and by displaying warm hospitality to all. Mr. Heatherington thanked Mayor Devine for being an official starter and guest of honor for both the Semper Fi – Five K and the 18th Historic Half Marathon. He said that it was a shared commitment between the Marine Corps and the City of Fredericksburg. There are 5,200 runners registered for the Historic Half, approximately 800 more than last year. He said they have reintroduced the Semper Fred 5-K on Saturday as a new event and they had 1,200 registrants for that race. Mr. Heatherington and Ms. Anderson shared some of the runner premiums for the weekend. Consent Agenda Accepted for Transmittal as Recommended (D25- 206 thru D25-210). Councilor Graham moved approval of the City Manager’s consent agenda; motion was seconded by Councilor Holmes and passed by the following recorded votes. Ayes (7). Councilors Devine, Frye, Finn, Gerlach, Graham, Holmes and Mackintosh. Nays (0). o Community Development Block Grant Annual Action Plan • Resolution 25-29, Approved, Approving the Fiscal Year 2025-2029 Community Development Block Grant Consolidated Plan (D25-206). • Resolution 25-30, Approved, Approving the Fiscal Year 2025 Community Development Block Grant Annual Action Plan (D25-206). 22536 Regular Session 05/13/25 o Ordinance 25-04, Second Read Approved, Changing the Precinct 401 Polling Place from New City Fellowship Church to the Schools Administration Building (D25- 207). o Transmitting Small Area 8 South Dixon/Mayfield Report by Rhodeside and Harwell Inc. (D25-208). o Transmittal of the Board and Commission Minutes • Pathways Committee – March 24, 2025 (D25-209). • Planning Commission – January 22, 2025 (D25-210). Public Hearing (D25-211 thru D25-212). 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. Jay Brock, 612 Lewis Street, spoke about the Hylton Track and he spoke of its natural beauty and quietness. He said he had heard of three projects for this area, the first being housing. He said this would cause more congestion, traffic, higher expenses for residents and higher taxes. The second project was developing it commercially by putting a data center on it. Lastly, keeping the land as natural as possible as a public park or a forest park. He suggested the Council leave it as a park for all residents and future residents to enjoy. He asked the council to preserve and protect the land. Sue Sargeant (D25-213), 1318 William Street, thanked staff and Councilor Finn for attending the neighborhood Association meeting on May 4. It was helpful for the 22537 Regular Session 05/13/25 residents to learn about the possibility of a neighborhood commercial use district on College Avenue. The College Heights neighbors were concerned with the Neighborhood Commercial Overlay District because of the commercial component. See D25-213 for more information. Jerome Wilson, 3604 Aquia Drive Stafford, VA, a small business owner, stated he was forced to close his doors because of fraud and corruption. He accused that the city failed to protect him as a tenant and enforce the laws. He believes there was fraudulent activity going on with his lease so that the owner could obtain a commercial loan. Mr. Wilson spoke of how the court held a court case and he was not present because he was not notified. Mayor Devine reminded speakers that remarks should be confined to matters of city business and not matters under the control of the court system for which the City Council has no authority. Racheal Sargeant (D25-214), 812 Daniel Street, expressed concern with the Neighborhood Commercial Overlay District that was being proposed for College Avenue corner lots. She said at the College Heights neighborhood association 43 neighbors expressed concerns. She noted that there was no customer base for commercial in this area. See D25-214 for more information. Council Agenda Presented. The following items were presented to Council for discussion. 8A. Sophia Street Tractor Trailer Issues – Vice-Mayor Frye 8B. Graduation – Councilor Holmes 22538 Regular Session 05/13/25 8C. Leading Pedestrian Interval Implementation Sophia Street Tractor Trailer Issues – Vice-Mayor Frye alerted Council that there were issues with tractor trailers being sent down Sophia Street onto Pitt Street and they are getting stuck. It is believed that GPS is rerouting them and sending them through this area. Staff had a sign made and posted warning drivers that they would get stuck. Vice-Mayor Frye requested a follow up in June at a work session. Mr. Baroody stated that the City’s Public Information Officer has had extensive conversations with the local VDOT office, and they have been helpful in communicating with the GPS providers. Graduation – Councilor Jannan Holmes announced that Friday was graduation for James Monroe High School, and she wanted to wish all the graduates and parents’ good luck and congratulations. She reminded them to enjoy the moment and to be safe. Leading Pedestrian Interval Implementation – Councilor Mackintosh stated that as he was reading through the Small Area 8 report and one of the things that he realized was mentioned in several places by the consultant was leading pedestrian intervals. This would give pedestrians a couple of seconds head start before the light turns green for the cars. This would make it much safer for pedestrians. Councilor Mackintosh reminded the council that this was a conversation they had in November. He said if Council concurred, he would like City Manager Baroody and Deputy City Manager Brown to see if this was a relatively quick fix that could be 22539 Regular Session 05/13/25 addressed in some of the intersections by reprograming the signals. Mr. Baroody said he would investigate it. Adoption of Minutes (D25-215). Councilor Gerlach moved to approve the September 10, 2024, Work Session minutes, the April 15, 2025, Public Hearing and April 22, 2025, Public Hearing and Regular Session minutes; motion was seconded by Councilor Holmes and passed by the following recorded votes. Ayes (7). Councilors Devine, Frye, Finn, Gerlach, Graham, Holmes and Mackintosh. Nays (0). Ordinance 25-05, Second Read Approved, Setting the Real Estate Tax Rate at $0.80 per Every $100 of Assessed Value of Real Estate for Fiscal Year 2026 (D25-216). After staff presentation Mayor Devine thanked staff for all their work on the budget because it has been a challenging year with not knowing where the State budget stands and not knowing where the Federal budget was going to land. She explained that the Council had advertised $.82 and they landed on $.80 per $100 value. Mayor Devine thanked the Council for the discussions and deliberations. Councilor Gerlach asked if the vote had to be taken tonight and Mr. Whitley said it did not have to be taken tonight. Mr. Gerlach stated that with all the uncertainties he would like to postpone the vote. Disclosures. Vice-Mayor Frye disclosed that his wife was employed by the Fredericksburg City Public School System, but he could participate in the budget discussion fairly, objectively and in the public interest. 22540 Regular Session 05/13/25 Councilor Holmes disclosed that she is a member of a business, profession, occupation or group of three or more members affected by the transaction, namely: She provides services to students of the City Schools under a grant funded contract with Fredericksburg Public Schools but she could participate in the budget discussion fairly, objectively and in the public interest. After additional discussion on postposing the vote Council decided to move forward and Councilor Graham moved to approve Ordinance 25-05, on second read, setting the Real Estate Tax Rate at $0.80 per every $100 of assessed value of real estate for Fiscal Year 2026; motion was seconded by Councilor Holmes and passed by the following recorded votes. Ayes (6). Councilors Devine, Frye, Finn, Graham, Holmes and Mackintosh. Nays (1). Gerlach. Ordinance 25-06, Second Read Approved, Amending Water and Sewer Fees Rates and Charges (D25-217). After staff presentation Councilor Graham moved to approve Ordinance 25-06, on second read, amending Water and Sewer Fees Rates and Charges; motion was seconded by Councilor Gerlach and passed by the following unanimously recorded votes. Ayes (7). Councilors Devine, Frye, Finn, Gerlach, Graham, Holmes and Mackintosh. Nays (0). Resolution 25-25, Second Read Approved, Budgeting and Appropriating City of Fredericksburg Public School Funds for Fiscal Year (FY) 2026 Beginning July 1, 2025 through June 30, 2026 (D25-218). Deputy City Manager Whitley explained that based on what schools suggested he was offering 22541 Regular Session 05/13/25 two options for the Council to consider Option 1 would be additional State funding or Option 2 additional State funding and additional local funding for school operations. (See D25-218 for mor information). Vice-Mayor Frye raised the question during work session that if there are any savings from the new construction could they be used to put the $200,000 back into the capital fund and he was hopeful that that this could happen. Councilor Mackintosh also proposed that if Council moves forward with Option 2 that they move the $200,000 from capital funds to operating for schools. He also asked Council to consider mid-year instead of appropriating the remaining $1.5 million, to instead consider appropriating $1.3 million in operating for schools and appropriating the other $200,000 into capital to ensure schools are adequately meeting their capital needs moving forward. Councilor Mackintosh moved to approve Resolution 25-25, on second read, budgeting and appropriating City of Fredericksburg Public School funds for Fiscal Year (FY) 2026 beginning July 1, 2025, through June 30, 2026 - Option 2; motion was seconded by Councilor Graham and passed by the following unanimously recorded votes. Ayes (7). Councilors Devine, Frye, Finn, Gerlach, Graham, Holmes and Mackintosh. Nays (0). Resolution 25-32, First Read Approved, Budgeting and Appropriating Funds for Fiscal Year (FY) 2026 Beginning July 1, 2025 through June 30, 2026 (D25-219). After staff presentation Councilor Graham moved to approve Resolution 25-32, on first read, budgeting and appropriating funds 22542 Regular Session 05/13/25 for Fiscal Year (FY) 2026 beginning July 1, 2025, through June 30, 2026; motion was seconded by Vice-Mayor Frye and passed by the following unanimously recorded votes. Ayes (7). Councilors Devine, Frye, Finn, Gerlach, Graham, Holmes and Mackintosh. Nays (0). Resolution 25-33, Approved, Adopting an Amendment to the 2015 Comprehensive Plan to Adopt a New Small Area Plan for Planning Area 5 (D25-220 thru D25-221). After staff presentation Councilor Finn thanked staff for their work on the Area 5 plan. She reminded everyone that it had been two years since they started this project. She also thanked the College Heights Neighborhood Association for their feedback. Ms. Finn asked that the following changes be made to the resolution: strike the implementation step to consider the overlay district and amend the commercial outlook line on College Avenue on 2-5-2 to say “opportunities for neighborhood serving commercial uses exist and should be focused on adaptive reuse particularly within the village transition area” Councilor Finn moved to approve Resolution 25-33, adopting an amendment to the 2015 Comprehensive Plan to adopt a New Small Area Plan for Planning Area 5 with suggested changes to the resolution; motion was seconded by Councilor Gerlach and passed by the following unanimously recorded votes. Ayes (7). Councilors Devine, Frye, Finn, Gerlach, Graham, Holmes and Mackintosh. Nays (0). Ordinance 25-09, First Read Approved, Rezoning Approximately 13.2007 Acres of Land Located in Planning Area 5 from Commercial 22543 Regular Session 05/13/25 Shopping Center to Commercial Highway and to Adopt Form-Based Regulations, as Recommended in the Draft Small Area Plan for Area 5 (D25-220 thru D25-221). After staff presentation Councilor Graham moved to approve Ordinance 25-09, rezoning approximately 13.2007 acres of land located in Planning Area 5 from Commercial Shopping Center to Commercial Highway and to adopt form-based regulations, as recommended in the draft Small Area Plan for Area 5; motion was seconded by Councilor Holmes and passed by the following unanimously recorded votes. Ayes (7). Councilors Devine, Frye, Finn, Gerlach, Graham, Holmes and Mackintosh. Nays (0). Resolution 25-34, Approved, Amending the Fiscal Year 2025 Budget and Appropriating Funds in the General Fund for Repairs at the Dorothy Hart Community Center and City Hall (D25-222). After staff presentation Councilor Gerlach moved to approve Resolution 25-34, amending the Fiscal Year 2025 Budget and Appropriating Funds in the General Fund for Repairs at the Dorothy Hart Community Center and City Hall; motion was seconded by the Councilor Graham and passed by the following unanimously recorded votes. Ayes (7). Councilors Devine, Frye, Finn, Gerlach, Graham, Holmes and Mackintosh. Nays (0). City Manager’s Report and Council Calendar (D25-223 thru D25- 224). City Manager Baroody directed the Council’s attention to the Manager’s Update: The Marine Corps Historic Half and Semper Fred 5K, Early Voting, Fredericksburg Office of Elections Launches “I Voted” Sticker Design, Budget Progressing for FY 2026, Grand 22544 Regular Session 05/13/25 Opening at The Fredericksburg Area Museum, Goats at Old Mill Park, Burial of U.S. Civil War Soldiers’ Remains, United Way Benefit Golf Tournament, Stay Informed, Enter in the 2025 FXBG Peeps Show!, Kick Off Summer with FXBG Parks, Recreation & Events!, Taxes, 2025 Summer Programs, and FXBG Snapshot. Adjournment. There being no further business to come before the Council at this time, Mayor Devine declared the meeting officially adjourned at 9:13 p.m. Kerry P. Devine Kerry P. Devine, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council 22545 APPROVED APPROVED 01-09-24 Regular Session 05/13/25 [This page intentionally left blank] 22546