City Council

Public Hearing 11/14/23 HON. MARY KATHERINE GREENLAW, MAYOR CITY OF FREDERICKSBURG, VIRGINIA HON. CHARLIE L. FRYE, JR., VICE -MAYOR, WARD FOUR HON. KERRY P. DEVINE, AT-LARGE CITY COUNCIL HON. MATTHEW J. KELLY, AT-LARGE HON. JASON N. GRAHAM, WARD ONE HON. JONATHAN A. GERLACH, WARD TWO HON. DR. TIMOTHY P. DUFFY, WARD THREE Council Chambers, 715 Princess Anne Street Fredericksburg, Virginia 22401 November 14, 2023 The Council of the City of Fredericksburg, Virginia, held a public hearing on Tuesday, November 14, 2023, beginning at 7:58 p.m. in the Council Chambers of City Hall. City Council Present. Mayor Mary Katherine Greenlaw. Vice-Mayor Charlie L. Frye, Jr. Council members Kerry P. Devine, Dr. Timothy P. Duffy, Jonathan A. Gerlach, Jason N. Graham and Matthew J. Kelly. Others Present. City Manager Timothy J. Baroody, Assistant City Manager Mark Whitley, Assistant City Manager David Brown, City Attorney Kathleen Dooley, Transit Director Jamie Jackson, Economic Development Director Bill Freehling, Assistant Tourism Director Margaret Morris, 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 (D23-516 thru D23-517). The Clerk read the notice of the public hearings as it appeared in the local newspaper, the purpose being to solicit citizen input. The Barking Barley, LLC 21961 Public Hearing 11/14/23 Ordinance 23-18, First Read, Rezoning Approximately 0.18 Acres of Land Located on Olde William Street Near the William Street Intersection from the R-4 Residential District to the Commercial/Office-Transitional District. Resolution (transmittal), Granting a Special Use Permit for Service of Alcoholic Beverages Under an ABC Retail On-Premises License at 1513- 1517 Olde William Street (D23-516 thru D23-517). 9 speakers. Zoning Administrator Machen presented a PowerPoint presentation and she gave an overview of the issue and recommendation, background, location, general development plan, Planning Commission recommendation, VDOT STARS Plan, harmony with the Comprehensive Plan, harmony with zoning district, harmony with neighbors, special use permit considerations, and conclusion and staff recommendation. See D23-517 for more information. Councilor Graham asked if there were any plans for trails along Rappahannock Avenue. Ms. Machen said they would be looking at trails in the Area 5 Plan to see where the best place would be to put trails. Mr. Craig explained that the program for this development was the sidewalk along William Street and it was tied to the use of this project and this was all that they could be held accountable for. The Cowan Station project would be providing sidewalks approaching this site but there would be a gap that would need to be closed. He noted that with the STARS project they may have to look into some sidewalks. 21962 Public Hearing 11/14/23 Councilor Duffy asked about the buffer and what they were waiting on from Dominion Power. Ms. Machen explained that there would be a minimum of 12 ½ feet of 6-foot fence with evergreens. Councilor Devine asked if there was a limit on the number of dogs at one time and Ms. Machen said the Barking Barley staff had given this a lot of thought and they were working with the SPCA on the safe number of dogs at one time. There will also be a check in and check out of the dogs. Councilor Kelly asked how staff would enforce the dog barking complaints. Ms. Machen said noise has traditionally been monitored by the Police Department. Councilor Gerlach noted that all the conditions were attached to the SUP and he said if the rezoning request was granted for the restaurant they would be able to operate the restaurant without the conditions because the conditions do not kick in until the SUP is issued. He asked was there a way to implement the conditions if they lost their SUP. Mr. Craig explained that the SUP was for alcohol sales only. Mr. Craig further explained that you cannot have alcohol sales without a SUP and he noted that they could run the restaurant and have the dog park now without the SUP. Dan Craddock, the applicant, said he has been part of this community and they want to bring more jobs to the area, and they want to work with everyone. Their goal is to work with the community of College Heights. He said they bring businesses to Fredericksburg because they like it here and they want people to know that the City is a great location. 21963 Public Hearing 11/14/23 Travis Stoner, the applicant, stated with regards to noise complaints they would be putting up an artificial sound turf barrier. He also said he would contact the police department regarding the noise ordinance. He said they also plan to install canopy sound barriers that look like blankets. In regards to the clearing of the waste they would be installing a perforated turf system that will jam liquid waste into the french drains to make sure the waste does not exit their property and enters into the creek on the left side of the property. Mr. Craddock explained that their main concern was safety and they will have a two gate system and the only way to access is to have a membership, proof of a veterinarian record and they will work with the SPCA on the safe number of dogs at the park at one time. He said there will be a size requirement for the dogs and there were already two or three models in Virginia and they would be using what has worked for those restaurants. He said if a dog is unruly they will be asked to leave and if they receive three strike they will revoke the membership. Councilor Gerlach asked the applicant if they were willing to add the barrier and canopy to the SUP. Mr. Stoner said he did not want to add them as a condition to the SUP because he did not want to be tied down to a specific canopy that may not be available at the time of purchase. He said without a SUP there would be no business because the restaurant consists of bar food such as hotdogs and mass produced food. Mr. Craddock said it was in their best interest to do what was best for the business and Mr. Gerlach said he did not know if he could support the SUP without the condition. Ms. Machen said she could craft a provision for the SUP. 21964 Public Hearing 11/14/23 Vice-Mayor Frye thanked the applicants for bringing a unique business to the City. Carolyn Secolli, 1100 Rappahannock Avenue, stated that in the visuals shown it did not show the location of the residents back yards and she did not think it was a good representation on the visuals. She said her main concern was the sound because sound travels up to their homes from the dog daycare and the Blue and Grey Parkway. She was appreciative of the attention given by the applicants to the noise concerns. She noted that because of the hill, trees do not block the area from the residents at the top of the hill. Jamie Scully, 1508 Winchester Street, said this was a great cultural offering for the city. The importance of dogs and quality of life are very important. Sue Sargeant, 1318 William Street, spoke as the president of College Heights Civic Association (CHCA). She thanked the applicants for meeting with them after the Planning Commission meeting to address some of their concerns regarding noise. She said there were a few more questions that the neighborhood had: How will patrons get to Barking Barley? How is the applicant addressing parking? Will the noise buffers take into account the winter months when the trees are bare? What happens to tourist who do not have a prepaid membership and do not have the dog’s veterinarian records and will dogs be required to wear their dog license and rabies tags? Does Barking Barley have a plan for a noise barrier around the area where patrons will sit with their dogs while waiting to get into the dog play area when it is at capacity? 21965 Public Hearing 11/14/23 Nick Louis, 75 Melvin Drive, 22406, stated that he has known Dan for several months and he said his wife is a veterinarian and she could help with some of the questions that have been raised. He was in full support of the project. Ashley Rolley, 700 Cobblestone Boulevard, stated that she has known Mr. Craddock and Mr. Stoner for years and she said they have done their due diligence on their research. She reminded people that this is not a place that the dogs do not want to be this is a fun place for the dogs. She said this was an excellent addition to the City. Ryan Moffel, 5000 Greenbranch Street, 22534, said he was a friend of Mr. Craddock and he was a local business owner. He said this was a great idea. Jeffery Halprin, 470 Central Road, said Mr. Craddock was a man of impeccable character and very conscientious of what he does and how he conducts business. He was in support of him. Councilor Gerlach made a motion to approve Ordinance 23-18, on first read, rezoning approximately 0.18 acres of land located on Olde William Street near the William Street intersection from the R-4 Residential District to the Commercial/Office- Transitional District; motion was seconded by Councilor Kelly and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Frye, Devine, Duffy, Gerlach, Graham and Kelly. Nays (0). Adjourned. There being no speakers to come before the Council at this time, Mayor Mary Katherine Greenlaw declared the hearing officially adjourned at 8:51 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor 21966 Public Hearing 11/14/23 Tonya B. Lacey Tonya B. Lacey, Clerk of Council, MMC APPROVED 10-10-23 21967 Public Hearing 11/14/23 [This page intentionally left blank] 21968 Regular Session 11/14/23 HON. MARY KATHERINE GREENLAW, MAYOR CITY OF FREDERICKSBURG, VIRGINIA HON. CHARLIE L. FRYE, JR., VICE -MAYOR, WARD FOUR HON. KERRY P. DEVINE, AT-LARGE CITY COUNCIL HON. MATTHEW J. KELLY, AT-LARGE HON. JASON N. GRAHAM, WARD ONE HON. JONATHAN A. GERLACH, WARD TWO HON. DR. TIMOTHY P. DUFFY, WARD THREE Council Chambers, 715 Princess Anne Street Fredericksburg, Virginia 22401 November 14, 2023 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, November 14, 2023, beginning at 7:30 p.m. in the Council Chambers of City Hall. City Council Present. Mayor Mary Katherine Greenlaw. Vice-Mayor Charlie L. Frye, Jr. Council members Kerry P. Devine, Dr. Timothy P. Duffy, Jonathan A. Gerlach, Jason N. Graham and Matthew J. Kelly. Others Present. City Manager Timothy J. Baroody, Assistant City Manager Mark Whitley, Assistant City Manager David Brown, City Attorney Kathleen Dooley, Transit Director Jamie Jackson, Economic Development Director Bill Freehling, Assistant Tourism Director Margaret Morris, 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 Greenlaw recognized the presence of Officer Gregory Baugher at this evening’s meeting. 21969 Regular Session 11/14/23 Sheriff Department Accreditation. Mr. Todd Clingenpeel, Program Manager for Virginia Law Enforcement Professional Standards Commission, on behalf of Terrance Cole Secretary of the Commonwealth and Jackson Miller, Director of Department of the Criminal Justice System presented a plaque for accreditation. He explained this was a tough challenge. This task usually takes 3-5 years and the Sheriff’s office completed theirs in a little more than a year. Mr. Clingenpeel presented the accreditation plaque to Sheriff Foster. Sheriff Foster thanked Lt. Tabatha Merrell and Jessica Nierman, as well as the entire department and other City staff. National Nurse Practitioners Week Proclamation (D23-502). Mayor Greenlaw presented a proclamation to Rachel Farrer for National Nurse Practitioners Week and she proclaimed November 12-18, 2023 as Nurse Practitioners Week. National Family Literacy Month Proclamation (D23-503). Mayor Greenlaw presented a proclamation to Sonja Johnson from the National Society of the Daughters of the American Revolution and she encouraged the importance of reading and learning and proclaimed November as National Family Literacy Month. Small Business Saturday Proclamation (D23-504). Mayor Greenlaw presented a proclamation to Chris Allen the Interim Executive Director for Main Street Fredericksburg. Mayor Greenlaw urged the residents of our communities and across the country, to support small businesses and merchants on Small Business Saturday and 21970 Regular Session 11/14/23 every Saturday throughout the year and do hereby proclaim November 25, 2023, as the beginning of Fredericksburg Small Business Saturdays through the month of December. Mr. Allen thanked Mayor Greenlaw on behalf of Main Street and the businesses downtown. Proclamation Honoring River Rock Outfitters (D23-505). Mayor Greenlaw presented a proclamation recognizing and expressing appreciation to April Peterson for her outstanding service to the City of Fredericksburg, Virginia and recognizing her for her recent accolades from the U.S. Chamber of Commerce. Consent Agenda Accepted for Transmittal as Recommended (D23- 506 thru D23-515). Councilor Kelly moved approval of the City Manager’s consent agenda; motion was seconded by Councilor Graham and passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Frye, Devine, Gerlach, Graham and Kelly. Nays (0). • Resolution 23-66, Second Read, Amending the Fiscal Year 2024 Budget for a Rappahannock Criminal Justice Academy Department of Justice Office of Community Oriented Policing Services Grant (D23-506). • Resolution 23-67, Awarding a Contract to Motorola Solutions, Inc. to Purchase the Radio Communications System (D23-507). • Transmittal of the Board and Commission Minutes o Board of Zoning Appeals – March 20, 2023 (D23-508). o Clean and Green Commission – August 7, 2023 (D23-509). o Clean and Green Commission – September 11, 2023 (D23-510). 21971 Regular Session 11/14/23 o Planning Commission Work Session – January 27, 2021 (D23-511). o Planning Commission – February 9, 2022 (D23-512). o Planning Commission – March 9, 2022 (D23-513). o Planning Commission – March 23, 2022 (D23-514). o Planning Commission – April 13, 2022 (D23-515). Public Hearing (D23-516 thru D23-517). 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. Council Agenda Presented. The following items were presented to Council for discussion. 8A. Conservation Districts – Councilor Gerlach 8B. Future of Transit – Councilor Graham Conservation Districts. Councilor Gerlach stated that residents have been asking about a conservation district and he asked the City Manager with Council’s approval to bring a proposal to the Council to let citizens know how they can pursue a Conservation District by the December 12 meeting. Councilor Duffy agreed this was something that should be looked into but he felt the City Manager should have more time and Councilor Gerlach was in agreement to give him more time. 21972 Regular Session 11/14/23 Future of Transit. Councilor Graham stated that he would like to explore what the best path forward would be for providing transit service to Fredericksburg and the region. He wanted to see if it was worth working with OnmiRide or keep it in the City. He suggested having Fredericksburg Area Metropolitan Planning Organization (FAMPO) explore the possibilities and he thought this was a good time since transit was working on its Strategic Plan. Councilor Kelly said some conversations had already started. He explained there was no issues with FRED and he explained that OmniRide had resources that the City could use. Councilor Duffy said the support would be great as well as possibly getting an updated service. Adoption of Minutes. Councilor Graham moved approval of the October 24, 2023 Regular Session minutes; motion was seconded by Councilor Devine and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Frye, Devine, Duffy, Gerlach, Graham and Kelly. Nays (0). Resolution 23-68, Approving Support for Fredericksburg’s Participation in the Virginia American 250 Commission (VA 250) and Appointing Sam McKelvey to Lead Fredericksburg’s Efforts to Commemorate American Independence (D23-518). After staff presentation Councilor Kelly moved to approve Resolution 23-68, supporting Fredericksburg’s participation in the Virginia American 250 Commission (VA 250) and appointing Sam 21973 Regular Session 11/14/23 McKelvey to lead Fredericksburg’s efforts to commemorate American independence; motion was seconded by Councilor Graham and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Frye, Devine, Duffy, Gerlach, Graham and Kelly. Nays (0). Approving an Amendment to the Performance Agreement with William Square, LLC and the Economic Development Authority (D23-519). Economic Development Director Freehling explained that the Vakos Company had made tremendous improvements to the former Free Lance Star headquarters. They have completed the garage, Winchester Place, Amelia House and they are making progress on the Publisher Hotel which is scheduled to open in Spring 2025. The Vakos Company also had plans for an additional 36,000 square foot building next to the Publisher Hotel but it has been challenging to get the construction underway due to higher interest rates and higher construction costs. There was a performance agreement signed about a year ago to help get the project underway, and under the agreement the project was to be under construction by January 1, 2024. The Vakos Company was asking for an extension of the start date to January 1, 2026. Part of the agreement was that they open the parking lot across the street from the Publisher Hotel and they still plan to do that once the hotel opens. Mr. Freehling asked the Council to give the City Manager permission to sign the amendment to the performance agreement. He said the Economic Development Authority had already signed the extension. 21974 Regular Session 11/14/23 Councilor Kelly stated that he was not in agreement with the project because there had not been a public presentation and he requested that a public presentation be held on the project before taking action on this item. Vice-Mayor Frye noted that William Street was the place to go and if the Council does not vote tonight then when. Councilor Graham suggested having a closed session to discuss the agreement and bringing the item back to the December 12 meeting for action. Councilor Devine asked the status of the property and Douglas Street during the two-year extension. Mr. Bill Vakos apologized for not being under construction. He explained that Douglas Street would be reopened and William Street would be opened in the spring. The status of William House was at 70-75% designed and the site plan was over 50% designed. They had to stop because they lost the largest office tenant on the second floor. He said they have continued commitment with the larger restaurant but they lost the coffee shop. He said as soon as things improve they will get commitments from the tenants. The property has been graded and will have grass until the project gets underway. Councilor Graham said this agreement was to turbo charge the revenue so that the City could get the revenue sooner and since the City is not getting those revenues he said the City should get something in return other than the opening of the Barton Street parking lot. He said there needs to be something given in return for the extension, this was his reason for the closed session. 21975 Regular Session 11/14/23 Mr. Vakos explained, if the incentive goes away, it will take them longer to get the project underway. He said they believe the market will be better in 18 months or so. Councilor Graham said he does not want to vote tonight so that they can discuss at the next meeting and vote on the December 12 meeting. The Council agreed with that plan. Resolution 23-69, First Read, Amending the Fiscal Year 2024 Budget for Consulting Services to Study Homelessness in Fredericksburg (D23- 520). Following staff presentation Councilor Graham made a motion to approve Resolution 23-69, on first read, amending the Fiscal Year 2024 budget for consulting services to study homelessness in Fredericksburg; motion was seconded by Vice-Mayor Frye and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Frye, Devine, Duffy, Gerlach, Graham and Kelly. Nays (0). Ordinance 23-19, First Read, Updating the Purpose and Mission of the Clean and Green Commission, and Adding an Ex Officio Student Member (D23-521). Following presentation from Clean and Green Commission Chair George Solley, Councilor Kelly made a motion to approve Ordinance 23-19, on first read, updating the purpose and mission of the Clean and Green Commission, and adding an ex officio student member; motion was seconded by Councilor Gerlach and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Frye, Devine, Duffy, Gerlach, Graham and Kelly. Nays (0). 21976 Regular Session 11/14/23 City Manager’s Report and Council Calendar (D23-522 thru D23- 523). City Manager Baroody directed the Council’s attention to the Manager’s Update: Veterans Day Procession and Commemoration Ceremony, Holiday Open House Weekend, Christmas Parade, Get Your Rakes Ready, New Carts for City Trash Customers, Small Area Plan 5 Meeting, Police Awards, Coffee with a Cop, Bird Walks, Virginia is for Fun Selfie Photo Op Lovers, Be Aware, Update on the Botanical Garden Area in Cossey Park, The City of Fredericksburg Department of Community Planning & Building, Event Planning, UMW’s Honor Program Students, Operation Medicine Cabinet Success, Grow Your Business Skills, Traffic Safety Initiative, Recreation and Events Fall Catalog is available!, Fred Focus. Adjournment. There being no further business to come before the Council at this time, Mayor Greenlaw declared the meeting officially adjourned at 9:47 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council 21977 Regular Session 11/14/23 [This page intentionally left blank] 21978