CITY COUNCIL AGENDA Tuesday, March 4, 2019 5:30 p.m. Closed session as provided by Section 2.2-3712 of the Virginia Code Second Floor Conference Room (Boards & Commissions; Personnel) 6:30 p.m. Regular Meeting - CALL TO ORDER Council Chambers PLEDGE OF ALLEGIANCE ROLL CALL ANNOUNCEMENTS PROCLAMATIONS 1. CONSENT AGENDA* (Items removed from consent agenda will be considered at the end of the regular agenda) a. Minutes February 19, 2019 Regular Meeting; February 20, 2019 Special Meeting b. APPROPRIATION: Dockless Mobility Funds for Bicycle and Pedestrian Improvements - $50,575 (2nd of 2 readings) c. APPROPRIATION: Capital Fund Transfer for Completion of the Standards and Design Manual Rewrite - $66,680 (2nd of 2 readings) d. RESOLUTION: Approval of 2018-2022 Analysis of Impediments to Fair Housing Choice Report (1st of 1 reading) e. RESOLUTION: Business Equity Fund Donation Agreement(1st of 1 reading) f. RESOLUTION: Acquisition of Hartman’s Mill Road Land (1st of 1 reading) g. RESOLUTION: Support of Friendship Court Redevelopment – Phase 1 (1st of 1 reading) h. RESOLUTION: Support for Crescent Halls Redevelopment (1st of 1 reading) i. RESOLUTION: Support for South 1st Street Redevelopment (1st of 1 reading) j. RESOLUTION: City Market Lease (1st of 1 reading) k. ORDINANCE: Encroachment and Aerial Easement from City for CODE Building on West Main (Mall) (2nd of 2 readings) l. ORDINANCE: Telecommunications Franchise to MCI Communications (1st of 2 readings) CITY MANAGER RESPONSE TO COMMUNITY MATTERS (FROM PREVIOUS MEETINGS) COMMUNITY MATTERS Public comment is provided for up to 16 speakers at the beginning of the meeting (limit 3 minutes per speaker.) Pre-registration is available for up to 8 spaces, and pre-registered speakers are announced by noon the day of the meeting. The number of speakers is unlimited at the end of the meeting. 2. REPORT: School Board’s Adopted FY2020 Budget 3. REPORT: City Manager’s Proposed FY2020 Budget 4. RESOLUTION*: South First Street Redevelopment – Critical Slopes Waiver (1st of 1 reading) 5. ORDINANCE*: Imposition of Fee for Fire Department Inspections (1st of 2 readings) OTHER BUSINESS MATTERS BY THE PUBLIC *ACTION NEEDED GUIDELINES FOR PUBLIC COMMENT We welcome public comment; it is an important part of our meeting. Time is reserved near the beginning and at the end of each regular City Council meeting for public comment. Please follow these guidelines for public comment: • Each speaker has 3 minutes to speak. Please give your name and place of residence before beginning your remarks. • Please do not interrupt speakers, whether or not you agree with them. Speaking from the audience is not permitted without first being recognized by the Chair. • Please refrain from using obscenities. • If you are here to speak for a Public Hearing, please wait to speak on the matter until the report for that item has been presented and the Public Hearing has been opened. • If you cannot follow these guidelines, you will be asked to leave City Council Chambers and will not be permitted to re-enter. Persons with disabilities may request reasonable accommodations by contacting ada@charlottesville.org or (434) 970-3182. 1 COUNCIL CHAMBER - February 19, 2019 Mayor Walker called the meeting to order at 6:30 p.m. ROLL CALL Council met in regular session on this date with the following members present: Mayor Nikuyah Walker, Vice Mayor Heather Hill, Ms. Kathy Galvin, and Mr. Mike Signer. Absent: Dr. Wes Bellamy. ANNOUNCEMENTS Ms. Galvin read an announcement regarding regional climate action engagement opportunities and advised that the City is accepting public comment through March 17th. CONSENT AGENDA Clerk of Council Kyna Thomas read the following Consent Agenda items into the record: a. Minutes – February 4, 2019 Regular Meeting; February 6, 2019 Work Session; February 6, 2019 Closed Meeting Minutes - February 4, 2019 Regular Meeting Minutes - February 6, 2019 Work Session Minutes - February 6, 2019 Closed Meeting b. APPROPRIATION: Dockless Mobility Funds for Bicycle and Pedestrian Improvements - $50,575 (Carried) Dockless Mobility Funds for Bicycle and Pedestrian Improvements c. APPROPRIATION: Capital Fund Transfer for Completion of the Standards and Design Manual Rewrite - $66,680. Capital Fund Transfer for Completion of the Standards and Design Manual Rewrite This item was pulled from the Consent Agenda for discussion later in the meeting. d. RESOLUTION: Acquisition of 142 acres on Reservoir Road from Hedgerow Holdings Acquisition of 142 acres on Reservoir Road from Hedgerow Holdings 2 RESOLUTION APPROVING THE ACQUISITION OF LAND NEAR RAGGED MOUNTAIN RESERVOIR FOR EXPANSION OF THE CITY PARKS AND TRAIL SYSTEM WHEREAS, Hedgerow Holdings I, LLC and Hedgerow Holdings VI, LLC (“Hedgerow”), the owner of a tract of land identified on Albemarle County Tax Map 75 as Parcels 47B, 58, 62, 62A, 63B and 63C, hereinafter the “Property”, has indicated a willingness to convey the Property to the City of Charlottesville for parkland and greenbelt trail purposes; and WHEREAS, the City has been awarded a grant of $600,000 from the U.S. Department of Agriculture for the purchase of the Property; and WHEREAS, the Property is comprised of six (6) separate parcels of land, collectively assessed at approximately $2.4 million; and WHEREAS, acquisition of the Property will preserve forestland, extend the City’s greenbelt trail system, and expand the riparian zone at Ragged Mountain Reservoir; and WHEREAS, the City’s Parks and Recreation Department seeks the endorsement of City Council to proceed with the purchase of the above-described land at a purchase price of $600,000.00, which is well below the Albemarle County Assessor’s valuation of the land, with the remaining value of the Property being donated to the City by Hedgerow; and WHEREAS, a Real Estate Purchase and Sale Agreement for the conveyance of said land has been reviewed and approved by the City Attorney’s Office; now, therefore, BE IT RESOLVED that this Council hereby authorizes the purchase of a tract of land (approximately 142 acres) located near Ragged Mountain Reservoir in the County of Albemarle for expansion of the City’s parkland and greenbelt trail system. The City Manager is hereby authorized to execute a purchase agreement, in form approved by the City Attorney or his designee, and the City Attorney’s Office shall take whatever actions are necessary to effect the acquisition of the above-described Property, pursuant to the terms and conditions, including receipt of the grant funds, set forth in the aforementioned purchase agreement. e. ORDINANCE: Lease for Albemarle-Charlottesville Historical Society at 200 2nd Street, NE (2nd reading) Lease for Albemarle-Charlottesville Historical Society at 200 2nd Street, NE ORDINANCE APPROVING THE LEASE OF CITY-OWNED PROPERTY AT 200 SECOND STREET, N.E. TO THE ALBEMARLE CHARLOTTESVILLE HISTORICAL SOCIETY Ms. Walker noted disagreement with the lease terms. 3 f. ORDINANCE: Increase in Limit for Small Purchase Procurement (2nd reading) Increase in Limit for Small Purchase Procurement Ms. Walker requested that Item “c” be pulled from the Consent Agenda for discussion at the end of the regular meeting, and noted for the record that she disagrees with the lease terms for the Albemarle-Charlottesville Historical Society in Item “e”. Ms. Walker opened up the floor for comment on the Consent Agenda. No one came forward to speak. On motion by Ms. Galvin, seconded by Ms. Hill, Council by the following vote APPROVED the CONSENT AGENDA with Item “c” removed for discussion later in the meeting (Ayes: Ms. Hill, Ms. Walker, Mr. Signer, Ms. Galvin; Noes: None. Absent: Dr. Bellamy). CITY MANAGER RESPONSE TO COMMUNITY MATTERS (FROM PREVIOUS MEETINGS) Interim City Manager Mike Murphy discussed the following matters: 1. Benches on downtown mall. He advised that when the mall was re-bricked in 2008-2009, specifications were made about where the benches could be installed. After several community meetings where concerns for public safety were discussed, at the request of the City Manager, Mr. Daly and staff at the Department of Parks and Recreation pulled the existing benches from the downtown mall. The metal backless benches were installed only in front of City Hall and in April 2016 the Board of Architectural Review (BAR) declined approval of placing the benches in other places along the mall. Per regulations, staff had ten days to appeal the decision and that did not happen. Mr. Murphy advised Council of several options and added that a cultural landscape study and a tree preservation study are underway. - Ms. Galvin asked about process for approaching BAR about the benches again. She would like for staff to inquire with the BAR. Mr. Blair advised that it would be acceptable if the Certificate of Appropriateness is still applicable for the benches. 2. Piloting a new route for the trolley. He advised that the construction on Water Street should be concluded in time for the pilot to begin during the first week of March. In other matters, Mr. Murphy wanted to make the public aware that the Vinegar Hill plaque that was on the planter near the CODE building prior to demolition will be conveyed to the Parks and Recreation Department. Additionally, annual deer culling will be in process for the next two to three weeks. COMMUNITY MATTERS Ms. Aileen Bartels of Belmont spoke about pedestrian issues at construction or road engineering sites. 4 Ms. Susan Sherman of the Willoughby neighborhood spoke about concern that the 5th/Ridge/McIntire Multimodal Corridor Study included inaccurate reporting of accidents, and that there have been three additional accidents since the January Planning Commission meeting. She asked for the City to dedicate resources to a robust traffic study for the intersection of 5th and Harris Streets. Ms. Joy Johnson, resident, thanked the Planning Commission for the unanimous vote to approve the Critical Slopes waiver at the South First Street development, and asked Council to support what the Planning Commission has done. She advised that the project has momentum. She asked for follow-up from Ms. Galvin regarding tweaks to the site plan. Ms. Hill, Ms. Walker and Ms. Galvin discussed their understanding of the process. Mr. Murphy explained that until it is clarified by the Housing Authority, as the applicant to the City, his instruction to staff has been to continue the approval process. He has instructed Ms. Creasy to poll the Planning Commission because there is a tight timeframe for getting in the Low Income Housing Tax Credit application. Ms. Star Peterson, resident, agreed with the first speaker that sidewalk accessibility is important. She spoke about racial profiling. She advised that the City has not been enforcing that bushes be cut as they are growing over sidewalks, where pedestrians and those in wheelchairs are affected. Ms. Teri Kent spoke as the single mom of two teenage boys, as a former middle school educator, as the founder of Better World Betty – an eco-friendly resource for Charlottesville, and as Director of Programs and Communications for Charlottesville Climate Collaborative. She has worked with various individuals and organizations on how they can reduce their climate impacts. She proposed a leadership goal of 45% reduction in greenhouse gas emissions by 2030 and a carbon neutrality goal by 2050, and more regular reporting to track progress. Ms. Audrey Oliver, resident, spoke about redevelopment for public housing units. She thanked the Planning Commission for approval of the Critical Slopes waiver and she asked Council to not delay this project and to approve it at the March 4, 2019, meeting. Ms. Joan Fenton, Chair of Downtown Business Association, spoke about pedestrian walkways. She expressed displeasure with how the Water Street walkway has been handled. She asked that someone get in touch with Google Maps because people are turning the wrong way on several streets. She advised that prior to bench removal on the downtown mall, there were people with knives threatening vendors and musicians, and it was not a safe place when there was an accumulation of benches. During community discussions, it was determined that if benches were to be put back, the business community should be involved in the discussion. Regarding tax proposals, she expressed that the business community thinks the City has been short-sighted and not receptive to certain businesses that would have increased the tax base. Mr. Brandon Collins, resident representing Charlottesville Public Housing Association of Residents (PHAR), spoke about the Critical Slopes waiver. He advised that it is a collective effort, and the submitted plan was based on informed decisions that were taken seriously, 5 although questions from Council continue to arise. He expressed concern that the conversation at the previous Council meeting was misunderstood, and asked that Council approve the Critical Slopes waiver on March 4, stating that it is environmentally smart, good for the Housing Authority and residents support it. Mr. Jules Desroches, representing the People’s Coalition, spoke about disproportionate minority contacts in the present system of justice. He advised that although Jim Crow laws are no longer on the books, the persistence of disproportionate minority contact in regard to stops, arrests and incarceration rates indicate that the laws are still in ostensible effect. He acknowledged demonstrated progress with the creation of the Police Civilian Review Board (CRB) and regular attendance by Chief Brackney at meetings. He asked for a renewed and stronger commitment to data transparency and a diverse local CRB with the ability to review civilian complaints and internal police investigations and act on them when proper steps are not being taken. He asked for Council’s commitment to a stronger CRB and asked that Council observe and analyze the comments of Denise Lunsford and the Southern State Police Benevolent Association regarding Katrina Turner. Ms. Katrina Turner spoke about her comments from the City Council meeting of February 4, 2019, reflecting that her words got jumbled when talking about the police situation with her son. She expressed concern at the way that Ms. Lunsford “came at” her after that meeting and asked what could be done. Ms. Walker advised that Ms. Lunsford was hired for a certain purpose for the board that she represents and that there is nothing that Council can do regarding Ms. Lunsford’s intentions. Ms. Walker said she is hoping that CRB bylaws will be written and passed in order for Council to appoint the next board. Mr. David Redding, County resident, advised that he is a volunteer with Virginia Organizing, which sponsors four organizations working on climate change initiatives: 1) Community Bikes, giving away and selling bikes at low cost in the summertime; 2) Urban Agricultural Collective of Charlottesville, training people on how to grow organic food; 3) Open Source Computer Recycling, repairing and giving away computers; and 4) Food Not Bombs, providing free meals every Sunday. Ms. Alice Washington, Crescent Halls resident, asked why it is taking so long for approval of the $50M previously requested. Ms. Walker advised that the money has been approved for Crescent Halls redevelopment. Mr. Murphy discussed the Capital Improvement Plan budget in relation to the project. The application to the State for Low Income Housing Tax Credits (LIHTC) is due March 14. Council budget approval is scheduled for April 8, and the money for the Housing Authority should be available July 1, 2019, if approved. Ms. Sandra Murray of the Willoughby subdivision spoke about 5th Street traffic issues. She spoke as a representative of the homeowners association and as a traffic accident victim near the Wegman’s shopping center. She indicated that people are frustrated with traffic backup, and that traffic light settings need to be evaluated. Mr. Murphy advised that he will follow up with Brennan Duncan, the City’s traffic engineer, and bring suggestions back to Council. Mr. Signer asked that the City’s care and intent be expressed to the neighborhood in light of a comment from Mr. Duncan at a previous Council meeting. Ms. Galvin asked that staff follow up to make 6 sure that crash data is accurately reported, and advised that updating traffic signalization is on the Capital Improvement Plan, but not on the funded list. She requested that Council consider doing something about this issue. Ms. Gloria Beard of the CRB asked if the City really wants to have a Board. She advised that it has been difficult operating as a board with no guidelines and the inability to have questions answered. Mr. Donald Gathers asked Council to individually and collectively express openly their support for the CRB and the work that they do. Ms. Galvin asked Mr. Murphy to address pedestrian pathways on construction sites. Mr. Murphy advised that he will follow up. Ms. Galvin expressed support of the CRB. Mayor Walker called for recess at 7:54 p.m. The meeting reconvened at 8:17 p.m. RESOLUTION*: APPROVAL OF 2018-2022 ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE REPORT Approval of 2018-2022 Analysis of Impediments to Fair Housing Choice Report Mr. Alex Ikefuna, Director of Neighborhood Development Services, presented the report. The previous Analysis of Impediments (AI) was completed in program year 2011 and ended in program year 2017-2018. This current AI will serve to guide activities relating to fair housing for fiscal years 2018-2022. Mr. Ikefuna shared a letter from the Legal Aid Justice Center that was received at 4:49 p.m. on the last day of the public engagement period, February 15, 2019. He asked Council to approve the report with the public comments added. Ms. Walker opened the public hearing. No one came forward to speak. The public hearing was closed. Council reached consensus to bring this item and the final report to the Consent Agenda at the next regular Council meeting. ORDINANCE*: REZONE 918 NASSAU STREET (HOGWALLER FARM) TO MIXED USE HIGHWAY CORRIDOR Rezone 918 Nassau Street (Hogwaller Farm) to Mixed Use Highway Corridor Mr. Blair advised Council that he was contacted by the developer earlier in the day, at which time the developer advised of offering a proffer amendment. Mr. Blair advised Council to have the public hearing and consider the developer’s request, then bring the item back at the 7 March 18, 2019, meeting for a another public hearing based on the amended proffers. It would be Council’s prerogative whether to send the item back to the Planning Commission. Dr. Bellamy arrived at 8:42 p.m. Mr. Signer asked for clarification on handling proffers in the public setting. Mr. Blair advised Council that the developer initiated the proffer discussion and he encouraged Council to hear the developer’s presentation, then make a decision. Mr. Matt Alfele, City Planner – Neighborhood Development Services, gave a summary of the report and introduced the developer. Mr. Justin Shimp, developer, introduced his team and gave a presentation to support the rezoning petition to change zoning at 918 Nassau Street from the existing R-2 Two-family Residential to HW Highway Corridor with proffered development conditions. Ms. Hannah Patrick, who will operate the farm piece of this project spoke about farming and gardening in the City. She spoke of the gap between knowledge and resources, which could be addressed with projects such as the urban farm and fresh food market. Ms. Galvin asked about support from community partners. Mr. Shimp advised that he wanted to know what he can offer community partners before making commitments. Ms. Walker referenced an email received today from Mr. Shimp. Mr. Shimp advised that the email was a clarification of how the vote went for the Planning Commission. Mr. Signer asked questions about the implementation of the farming component. He asked about the business plan and advised that it sounds promising, but he needs more indication that this will be a successful nonprofit endeavor. Mr. Shimp explained avenues for revenue, but that there is no written structure. Dr. Bellamy asked for a broader description of the affordable housing component. Mr. Shimp stated that they are proffering three of the thirty units as affordable housing at 50%. Mayor Walker opened the public hearing for the Rezoning and Special Use Permit requests. Mr. Dave Redding, with Eco Village Charlottesville, and principal of the healthy food coalition, spoke in support of the project. He advised that the next level up from Affordable Housing is Workforce Housing. Ms. Walker advise that Affordable Housing includes Workforce Housing. Mr. Mark Cavitt spoke to the developer and advised that he is willing to meet. He offered copies of materials including studies of floodplains and photos for Council review. 8 Mr. Brandon Collins of the Woolen Mills neighborhood asked for clarification on the affordable housing piece of the proposal and how the affordability would be met. Mr. Shimp offered an explanation. Mr. Ashton Gilmore, Nassau Street resident, spoke in favor of the proposed development. He advised that prior to recent development on Nassau Street, the land was used as a dumping ground and it is now much cleaner. Mr. David Cats of Belmont commented on the floodplain historically impacting residents. He also expressed concern about the re-drawing of FEMA maps being done by the developer. Ms. Karen Cats of Belmont spoke in opposition to the project. She spoke of dangers of building in or near the floodplain. The public hearing was closed. Ms. Hill asked about the permitted usage of the land. Mr. Blair advised that the current R-2 designation allows for building residential units. Ms. Galvin asked why the applicant is going through the rigorous rezoning process for minimal increase in units. She shared concerns about the project and non-alignment with the Comprehensive Plan. She compared this to the approach of the Booker Street project, then to the River Road project. Mr. Signer added that there was an equity component to the Booker Street project. He expressed that he wants to consider what is best for the neighborhood. He expressed concern that the applicant did not present a business plan, but mentioned that the pros seem to outweigh the cons. He also advised Mr. Shimp to seek further expertise about the non-profit component of the market space. Ms. Walker asked the applicant about the possibility of coming back with a business plan. He advised that he would be willing to come back during the second meeting in March. Ms. Walker asked about the potential to expand the affordable housing piece past the twelve years proposed. Mr. Shimp advised that an updated proffer can be discussed at the next meeting. Ms. Nicole Scrow, land use attorney, summarized neighbor input in support of the project, as a result of community engagement meetings and door-to-door outreach. Council agreed to bring the item back for a public hearing on March 18, 2019. RESOLUTION*: SPECIAL USE PERMIT FOR 918 NASSAU STREET (HOGWALLER FARM) FOR INCREASED DENSITY Special use permit for 918 Nassau Street (Hogwaller Farm) for increased density 9 Along with the rezoning request, Council agreed to bring this item back for public hearing on March 18, 2019. ORDINANCE*: ENCROACHMENT AND AERIAL EASEMENT FROM CITY FOR CODE BUILDING ON WEST MAIN (MALL) (Carried) Encroachment and Aerial Easement from City for CODE Building on West Main Ms. Lauren Hildebrand, Director of Utilities, came forward to summarize the request. Staff recommended approval. Mr. Signer disclosed out of an excess of caution that Mr. Woodruff’s firm was a client of his former law firm, an engagement which ended over two years ago, and that based on advice from the former City Attorney, there was no conflict because no current engagement exists. Ms. Walker opened the public hearing. No one came forward to speak. The public hearing was closed. On motion of Ms. Hill, seconded by Ms. Galvin, Council by the following vote APPROVED the Ordinance (Ayes: Dr. Bellamy, Ms. Hill, Ms. Walker, Mr. Signer, Ms. Galvin. Noes: None). RESOLUTION*: Business Equity Fund - $100,000 Allocation Business Equity Fund Dr. Bellamy shared background of the idea for this fund, a Council-funded loan program for socially disadvantaged individuals, an economic equity opportunity to help increase the number of minority businesses in the City of Charlottesville. Ms. Galvin asked how the program will work. Steven Davis of the Community Investment Collaborative (CIC) spoke about the process. Ms. Walker asked about the amount of funding and about the interest rate, and whether the interest rate could be capped at a lower rate than proposed. Discussion ensued about capping the loan interest rate and Council covering the administrative costs upfront for the CIC. On motion by Dr. Bellamy, seconded by Ms. Galvin, Council by the following vote APPROVED the Resolution to allocate up to $109,000 from the Council Strategic Initiatives account in the General Fund to the Community Investment Collaborative, with the understanding that the donation agreement will come back on the consent agenda March 4, 2019, to include that the annual interest rate shall not exceed three percent and the first $3,000 shall be returned to the fund (Ayes: Dr. Bellamy, Ms. Hill, Ms. Walker, Ms. Galvin, Mr. Signer; Noes: None). 10 The meeting recessed at 10:35 p.m. The meeting reconvened at 10:41 p.m. REPORT: Update on Cherry Avenue Small Area Plan Update on Cherry Avenue Small Area Plan Mr. Chip Boyles, Executive Director of the Thomas Jefferson Planning District Commission (TJPDC), presented a status report of the planning process of the Cherry Avenue Small Area Plan. He advised of community outreach efforts which included “front porch meetings”, with 434 comments received from the public and on-site meetings with 18 businesses. He discussed key takeaways from the process. Mr. Boyles advised that next steps for the TJPDC Technical or Steering Committee involve a multi-day neighborhood event to finish the plan, including a final community group meeting, setting up a satellite office, front porch meetings, and a public presentation and open house. The committee would provide direction. Ms. Galvin asked whether there will be established targets for affordable housing. Mr. Blair advised that Council could formalize a policy to give direction for future development. No vote was required. REPORT: Next steps in ABRT Process / Priority Setting Commission - Written Report Only Next steps in ABRT Process / Priority Setting Commission Councilors had no questions about the written report. Consent Agenda Item C. - Capital Fund Transfer for Completion of the Standards and Design Manual Rewrite This item was pulled from the Consent Agenda by Ms. Walker. She had questions about why the $66,680 would be needed in addition to efforts that had already been made. Mr. Ikefuna advised that Council directed staff to figure what it would cost for additional community engagement. This was the result. Mr. Ikefuna advised that the community engagement process was robust. Staff tried to structure the rewrite of the Standards and Design Manual to comply with State regulations. Mr. Murphy advised that a memo would be helpful to explain the use of the $66,680. 11 Council agreed that they would like for staff to determine, prior to engaging with the consultant, if it is possible to incorporate the cadre comments and other feedback before placing this on a future agenda. Council would also like staff recommendations on portions of the $66,680 that could be cut or may not be essential. Council reached consensus to defer this item. OTHER BUSINESS No other business was discussed. MATTERS BY THE PUBLIC No one came forward to speak. Mayor Walker adjourned the meeting at 11:33 p.m. NOTICE OF SPECIAL MEETING A SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL WILL BE HELD ON Wednesday, February 20, 2019, AT 7:45 a.m. IN THE Second Floor Conference Room, City Hall, 605 East Main Street, Charlottesville, VA 22902. THE PROPOSED AGENDA IS AS FOLLOWS: Closed session as provided by Section 2.2-3712 of the Virginia Code (Personnel). BY ORDER OF THE MAYOR BY Kyna Thomas SECOND FLOOR CONFERENCE ROOM – February 20, 2019 City Council met in closed session on this date with the following members present: Mayor Nikuyah Walker, Vice Mayor Heather Hill, Dr. Wes Bellamy, Ms. Kathy Galvin and Mr. Mike Signer. Vice Mayor Hill called the meeting to order at 8:11a.m. On motion by Ms. Hill, seconded by Ms. Galvin, Council voted (Ayes: Ms. Hill, Dr. Bellamy, Ms. Galvin and Mr. Signer. Noes: None. Absent: Ms. Walker,) to meet in closed session as authorized by Va. Code sec. 2.2- 3712, specifically: Virginia Code Section 2.2-3711(A)(1) for the discussion of and consideration of prospective candidates for employment as City Manager of Charlottesville, Virginia. Ms. Walker joined the meeting at 8:18 a.m. Pursuant to Virginia Code Section 2.2-3115, Mayor Walker provided the following disclosure: “I am an employee of the City of Charlottesville, within the City’s Parks and Recreation Department. I hereby declare that, during the City Council’s discussions of the proposed Budget, relative to issues relating to City employees (such as cost of living increases, living wages, health insurance benefits, and similar fiscal matters relating to City employees – individually and collectively referred to in this Written Disclosure as the “Transaction”) I may have a “personal interest in a transaction”, as that term is defined in Virginia Code §2.2- 3101, by reason of the salary or other compensation, or employee benefits, that I receive as a City employee, in excess of $5,000 annually. I have previously consulted with the Office of the City Attorney on this matter, and received an opinion that, pursuant to Virginia Code §2.2-3112(B)(1), even with this personal interest I may lawfully participate in City Council’s discussion of the Transaction, because I am a member of a group of three or more persons (i.e., City employees) the members of which are affected by the Transaction. I hereby affirm that I am able to participate in the Transaction fairly, objectively, and in the public interest.” Dr. Bellamy left the meeting at 11:45 a.m. The meeting recessed at 12:00 p.m. for lunch. The meeting reconvened at 1:00 p.m. Dr. Bellamy returned to the meeting at 3:45 p.m. Mr. Signer left the meeting at 5:40 p.m. On motion by Ms. Hill, seconded by Dr. Bellamy, Council certified by the following vote (Ayes: Ms. Walker, Ms. Hill, Ms. Galvin, and Dr. Bellamy. Noes: None. Absent: Mr. Signer.), that to the best of each Council member’s knowledge only public business matters lawfully exempted from the open meeting requirements of the Virginia Freedom of Information Act and identified in the Motion convening the closed session were heard, discussed or considered in the closed session. The meeting adjourned at 5:45 p.m. 2 This page intentionally left blank CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: February 19, 2019 Action Required: Appropriation of Dockless Mobility Funds Presenter: Amanda Poncy, Neighborhood Development Services Staff Contacts: Amanda Poncy, Neighborhood Development Services Title: Dockless Mobility Funds for bicycle and pedestrian improvements - $50,575 Background: On November 5, 2018, City Council approved a Dockless Mobility Pilot Program to evaluate dockless mobility devices such as bikeshare bikes (both pedal and electric pedal-assist) and electric foot scooters as a pilot program. Charlottesville would use this pilot period to learn if and how the technologies and services help to advance the City’s transportation goals, making the community better, safer, and more sustainable. Discussion: The city has received and approved permit applications from two operators - Lime and Bird. Lime requested to deploy 100 scooters and 40 electric bikes and began operation on December 8, 2018. While Bird requested to deploy 100 scooters and began operation on January 10, 2019. Under the conditions of the City program, each operator is required to submit a fee equivalent to $1/day/device for the duration of their operations, in addition to a $500 application fee. As a result, the city has collected $50,575 to date (Lime - $29,875 and Bird $20,700). The conditions of the permit provide an opportunity for operators to increase their fleet size by 25% based on performance standards. Electric-assist bicycles shall be exempt from this maximum. We anticipate that the operators will be interested in taking advantage of this opportunity as the weather changes, which will trigger payment of additional fees for more devices. One benefit of this program is that all capital equipment costs are covered by private funds, with no public funds required. In addition, the program provides a revenue stream via vendor permit fees to support costs associated with administering the demonstration program, such as but not limited to, monitoring of compliance with Permit and MOA requirements, manipulation and evaluation of data submitted, communications with Operator and the public, public property repair or maintenance related to the devices, and installation of infrastructure, signs or markings to address operations and compatibility with other mode users. Alignment with City Council’s Vision and Strategic Plan: The program supports City Council’s Vision to be “A leader in innovation, environmental sustainability, and social and economic justice, and healthy race relations” through the following vision statements “Economic Sustainability,” “Green City,” “America’s Healthiest City” and “Connected Community.” It contributes to Goal 3 of the Strategic Plan, to be a beautiful and sustainable natural and built environment, and objective 3.3 to provide a variety of transportation and mobility options. This also aligns with the goals of the Bicycle and Pedestrian Master Plan (to explore bike share) as well as on-going discussions with the 2018 Comprehensive Plan to evaluate emerging technologies in transportation. Community Engagement: Staff has met with representatives from fifteen city departments, city schools, as well as with representatives from UVA to coordinate an approach that would effectively manage this new technology. In addition, staff has sought input from the Bicycle and Pedestrian Advisory Committee in the development of this proposal. Staff has been working with the City’s Communications Department to undertake a community outreach plan that would inform the community of these new transportation options, as well as establish lines of communication that would allow the public to easily communicate directly with the vendors and provide feedback to the City for the purposes of documenting performance of the pilot project. This includes press releases, city website, frequently asked questions, social media outreach, phone numbers, email addresses, etc. In addition to the City’s commitment to a strong public outreach process, the pilot program requires vendors to commit to specific communication actions and standards to ensure their members are receiving necessary information about safety and good etiquette for sharing our streets. Budgetary Impact: There is no budgetary impact to the City. All funds received will be appropriated in the Bicycle and Pedestrian Infrastructure project in the Capital Improvement Program Fund. Recommendation: Staff recommends appropriation of collected revenues from the general fund to a specific CIP account that will fund the costs associated with administering the demonstration program. Alternatives: Collected revenues could remain in the general fund. Attachments: Appropriation APPROPRIATION Dockless Mobility Funds for Bicycle and Pedestrian Improvements $50,575 WHEREAS, the Dockless Mobility Pilot Program establishes a $500 application fee and $1/day/device fee to operate in the city; WHEREAS, the fees may be used by the City for any costs associated with administering the pilot program, such as but not limited to, monitoring of compliance with Permit and program requirements, manipulation and evaluation of data submitted, communications with Operator and the public, public property repair or maintenance related to the services, and installation of infrastructure, signs or markings to address operations of devices and compatibility with other mode users; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Charlottesville, Virginia that the following is hereby appropriated in the following manner: Revenues $50,575 Fund: 426 WBS: CP-083 G/L Account: 422150 Expenses $50,575 Fund: 426 WBS: CP-083 G/L Account: 599999 BE IT FURTHER RESOLVED, that this appropriation is conditioned upon the receipt of the funds from permit and application fees for the Dockless Mobility Program; and that any future fees collected for the above purposes shall automatically appropriate to the Bicycle and Pedestrian Infrastructure project upon receipt of funds. This page intentionally left blank CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: February 19, 2019 Action Required: Appropriation Presenter: Alex Ikefuna, NDS Director Tony Edwards, NDS Manager Staff Contacts: Alex Ikefuna, NDS Director Tony Edwards, NDS Manager Title: Capital Fund Transfer for Completion of the Standards and Design Manual Rewrite - $66,680 Background: The City’s Standards and Design Manual (SADM) is an existing document that was adopted by City Council in 2008. The manual establishes design and construction standards for City projects and Development projects throughout the City. Since the adoption of the current SADM in 2008, there have not been any significant revisions, so the manual is out of date and does not meet the needs of the City or the community. In December of 2016, City Council approved funding which allowed staff to proceed with the overhaul of the current Standards and Design Manual. Through the procurement process and a Request for Proposal, Toole Design Group and RK&K collaborated to provide these services and were selected to assist the City in this effort. That contract was executed in August 2017. Over a 14 month period, the team researched manuals from similar localities, conducting workshops, reviewing feedback and drafted text for the updated manual. The City of Charlottesville has evolved since the Standards and Design Manual was last published. The City recognizes that updated guidance is necessary to incorporate recent changes to local, state, and federal regulations; and to incorporate new technologies, sustainable site features, new street typologies, and Complete Streets principles into the City’s urban fabric. This manual revision consolidates the minimum standards and design criteria into a single user-friendly resource; provides links to supporting codes, references, and design standards; and provides a flexible menu of options that can be used to meet required design criteria. Discussion: On October 15, 2018, staff and consultant presented the draft Standards And Design Manual to the City Council. During the public comments, it was noted that additional public comments had been received after the final submittal was provided to the City on October 5, 2018, and staff had completed staff report and Council packet published. In an effort to properly address these public comments, Council indicated the need for additional public engagement with the Council / Planning Commission and CADRE and stakeholders. Staff was directed by the City Council to estimate the cost for additional community engagement and come back to Council for funding approval. The cost of fulfilling the additional community engagement process is $66,680. Alignment with City Council’s Vision and Strategic Plan: It contributes to the Strategic Plan Goal 3: A Beautiful and Sustainable Natural and Built Environment, - Goal 3.1 – Engage in robust and context sensitive urban planning and implementation. The SADM implements urban planning by formalizing requirements of the Streets That Work Plan. - Goal 3.2 – Provide reliable and high quality infrastructure. A primary function of the SADM is to ensure that reliable and high quality infrastructure are provided and maintained. - Goal 3.3 – Provide a variety of transportation options. The SADM carries forward a strong focus on bike and pedestrian infrastructure including specific sections on ADA requirements and formally adopts PROWAG. - Goal 3.4 – Be responsible stewards of natural resources. Three out of thirteen chapters are focused directly on protecting the environment and natural resources. - Goal 3.5 – Protect historic and cultural resources. There is a chapter dedicated to design control districts to provide guidance for those working in those areas Strategic Plan Goal 5: Responsive Organization - Goal 5.3 – Provide responsive customer service. Having a current and detailed manual will provide the ability for staff to provide clear and consistent customer service for all aspects of development and community projects. Community Engagement: Staff has provided multiple opportunities for the public to provide input into the process. Prior to even selecting a consultant to assist in the effort, staff met with the Charlottesville Albemarle Developer’s Roundtable, on January 13, 2017, to discuss opportunities with the upcoming changes and how feedback was to be received. The PLACE Design Task Force was also invited to review the Request For Proposal to help shape the scope of the project. In addition to the CADRE group and PLACE Design Task Force, stakeholders that were invited to participate in the process included the Tree Commission, City Council, the Code Audit/Streets That Work Advisory Committee, ADA Advisory Committee, Board of Architectural Review, and the Bicycle and Pedestrian Advisory Committee. Two in-person workshops were conducted to provide opportunities for the public and stakeholders to provide feedback on, April 19, 2018, May 14, 2018. Additionally, feedback was received via an email address dedicated solely to the content of the SADM (feedbackSADM@charlottesville.org). On occasion, clarity was requested from those that provided feedback in order to properly inform changes to the draft manual. This email address is also intended to remain active for the life of the manual and it will be monitored periodically. To date, over 400 comments of substantive nature were received, most of which contributed to positive changes in the draft document. It should be noted that not all feedback was incorporated because it was either too general to result in an informed change, it violated a larger code requirement (state or federal), or was more geared towards a code, policy or operational change. A draft manual was posted to the city website. Public comments on Charlottesville SADM Draft were requested for the period between April 30, 2018 through August 5, 2018. Those comments and the city’s responses to them were posted on the city web site at feedbackSADM@charlottesville.org for public viewing during the development process. Budgetary Impact: There will be no budgetary impact to the City. All funds will be transferred from funding previously appropriated to the project in the Capital Improvement Program Fund. Recommendation: Staff recommends approval of additional funding ($66,680) to be transferred for the additional services to the Standards and Design Manual account as indicated in the appropriation below. Alternatives: The alternative will be not to approve the request, a measure that will impact the completion of the project. Attachments: The draft Standards and Design Manual is located at www.charlottesville.org/SADM. Attached hereto is a appropriation to continue with additional funding towards final adoption of the revised manual. APPROPRIATION Capital Fund Transfer for Completion of the Standards and Design Manual Rewrite $66,680 NOW, THEREFORE BE IT RESOLVED by the Council of the City of Charlottesville, Virginia that the additional funding for the completion of the Standards and Design Manual rewrite is hereby transferred in the following manner: Transfer From: $66,680 Fund: 428 WBS: P-00341 G/L: 599999 Transfer To: $66,680 Fund: 105 Cost Center: 3901001000 G/L: 530560 This page intentionally left blank CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: February 19, 2019 Action Required: Approve Resolution Presenter: Alex Ikefuna, Director of Neighborhood Development Services Staff Contacts: Tierra Howard, Grants Coordinator Title: Approval of 2018 Analysis of Impediments to Fair Housing Choice Report Background: The purpose of the Analysis of Impediments to Fair Housing Choice (AI) is to identify and make recommendations to eliminate any impediments that currently exist in the Thomas Jefferson region (City of Charlottesville, Albemarle County, Fluvanna County, Louisa County, Greene County, and Nelson County) to the fair housing choices made by all residents. The analysis is an important part of the HOME Consortium’s and the City of Charlottesville’s commitment to affirmatively further fair housing, and it will serve to guide activities relating to fair housing for fiscal years 2018-2022. The AI will serve as a companion document to the Consolidated Plan and AI actions will be reported on with each corresponding Consolidated Annual Performance Evaluation Report (CAPER). Discussion: The U.S. Department of Housing and Urban Development requires grantees of federal assistance to complete the AI. The City of Charlottesville is a recipient of Community Development Block Grant and HOME funding. The previous AI was completed in program year 2011 and ended in program year 2017-2018. The AI contains four major components that are used to inform the final selection of impediments: data on demographics, the economy, and housing; input sessions to hear concerns from the community; analysis of public and private sector influence on fair housing; and a review of fair housing activities between 2013 and 2017. Page 97 of the AI draft summarizes the impediments identified in the report and provides proposed actions. Alignment with Council Vision Areas and Strategic Plan: Approval of this agenda item aligns directly with Council’s vision for Charlottesville to have Quality Housing Opportunities for All. Community Engagement: The methodology section of the AI details all community engagement efforts which were coordinated with the Consolidated Plan update. To date, the following community engagement efforts have taken place:  Announced AI report update in Fall 2017  Conducted public meetings between January 2018 and April 2018. A summary of stakeholder meeting discussions are located at www.charlottesville.org/HUDplans  Conducted an online survey between January 29, 2018 and March 13, 2018 to identify fair housing concerns. A summary of survey results are located at www.charlottesville.org/HUDplans  Conducted twelve community stakeholder discussions  Provided an opportunity for the Housing Director’s Council (Thomas Jefferson HOME Consortium members) to make comments on the AI at their July 17, 2018 and January 15, 2019 meetings.  Advertised the draft AI report and held a thirty-day comment period (January 17th – February 15th, 2019). Comments received to date have been incorporated into the AI draft. Any additional comments and data will be incorporated into the final plan to be available on the City’s website. A wide range of over eighty organizations were informed about the AI update process and kept informed of public meetings and draft reviews by email, public notice mailings, and during stakeholder meetings throughout the course of the update. These organizations include business groups, social service providers, neighborhood associations, the public housing community, real estate and housing organizations, anti-poverty organizations, and health and mental health organizations, and organizations that represent the Latino and African American community. Many representatives from these groups attended meetings held for the update and staff sent out data requests to these groups, however, not all representatives opted to participate. Staff also coordinated with CRHA to include notices in billing inserts. Budgetary Impact: There will be no budgetary impact. Recommendation: Staff recommends approval of the 2018 Analysis of Impediments to Fair Housing Choice report. Alternatives: There are no alternatives. Attachments: Resolution Draft 2018 Analysis of Impediments to Fair Housing Choice http://www.charlottesville.org/home/showdocument?id=64099 RESOLUTION Adoption of 2018 Analysis of Impediments to Fair Housing Choice Report BE IT RESOLVED by the Council of the City of Charlottesville, Virginia that the report entitled “Analysis of Impediments to Fair Housing Choice”, as presented to City Council on February 19, 2019, is hereby approved as a companion document to the Consolidated Plan. This page intentionally left blank CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: March 4, 2019 Action Required: Approve Resolution Presenter: Councilor Bellamy Staff Contacts: Chris Engel, Director of Economic Development Hollie Lee, Chief of Workforce Development Strategies John C. Blair, II, City Attorney Title: Allocation of Racial Engagement and Equity Funds for Business Equity Fund - updated Background: In November 2018, Councilor Bellamy met with staff from the Office of Economic Development, Department of Finance, and Treasurer’s Office regarding the potential for a Council-funded loan program for socially disadvantaged individuals. The Business Equity Fund will be an offering of the City’s newly revamped Minority Business Program and will be for existing City of Charlottesville businesses that meet the loan program requirements. Ideally, the loan program will address the issue of a lack of access to capital for businesses owned by socially disadvantaged individuals; something that has traditionally been a barrier to entrepreneurship for this population. Historically, these businesses’ ability to compete in the free enterprise system has been impaired due to diminished capital and credit opportunities as compared to others in the same or similar line of business who are not socially disadvantaged. Socially disadvantaged individuals are individuals who have been subjected to racial or ethnic prejudice or cultural bias because of their identity as members of a group. Social disadvantage must stem from circumstances beyond their control. This terminology is used by the federal Small Business Administration. Staff is in agreement that a loan program for socially disadvantaged individuals could help businesses owned by minorities and other groups gain access to capital that they might not have the opportunity to obtain through traditional banking methods. However, staff does not feel that the City itself has the systems/processes, expertise, and overall capacity to actually administer such a loan program. In light of this, staff has identified a potential non-profit partner, the Community Investment Collaborative (CIC), to administer the loan program. CIC has been providing microloans, training, and mentoring to the Charlottesville community for almost seven years. Specifically, CIC serves individuals from low-to-moderate income households, women, minorities, and individuals who have returned to the community after serving time in prison. Since launching in 2012, CIC has administered 120 loans totaling almost a half a million dollars. About 50 percent of the loans have been to City businesses, 80 percent to women-owned business, and 55 percent to minority-owned businesses. CIC has a solid history of working with the City of Charlottesville and receiving funding from the City for the purpose of helping City residents start businesses and City businesses grow their enterprises. Therefore, it is already in a position to use its current model and processes to administer the Business Equity Fund. Funds provided would be restricted for use by qualified businesses owned by socially disadvantaged individuals that operate in the City with City business licenses. CIC is willing to add or adjust requirements to meet the City’s goals for the program. Economic Development staff will collaborate with CIC to market and promote the program to disadvantaged City businesses through the Minority Business Program. Discussion: On December 18, 2017, Charlottesville City Council appropriated $1,000,000.00 to create a Council Reserve Fund for Racial Equity and Engagement (hereinafter “Equity Fund”). That fund currently contains $585,000.00 in unappropriated funds. Councilor Bellamy is suggesting a $100,000.00 allocation from the Council out of appropriated funds in the Equity Fund. The funds would provide a grant to CIC for the Business Equity Fund – a loan program for socially disadvantaged individuals. It is proposed that CIC will be granted $50,000.00 when the allocation is approved. CIC will work with City staff to identify potential City businesses for the loan program. CIC will notify the City when Business Equity Fund loan applications are received and will let staff know the decisions regarding these applications once they are made. Once the initial $50,000.00 has been expended, CIC will provide the City with a progress report. If no money is expended within three months, CIC will provide an update as to the reasoning for the lack of usage. Once the first $50,000 has been expended, another $50,000.00 will then be disbursed to CIC for additional Business Equity Fund loans. CIC will provide quarterly reports to City staff regarding loan repayments once loans have been made. At its February 19th meeting the City Council approved an amended resolution related to this item allocating $109,000 for the Business Equity Fund and requested that a modified donation agreement be placed on the next agenda for final consideration. Alignment with Council Vision Areas and Strategic Plan: This action aligns with the Council’s Vision for an economically sustainable community that offers a business-friendly environment in which employers provide well-paying, career-ladder jobs and residents have access to small business opportunities. This action aligns with the City Council’s Strategic Plan Goal Four: A Strong Diversified Economy and Goal One: An Inclusive Community of Self-Sufficient Residents. Budgetary Impact: This action will reduce the funds available in the Council Reserve Fund for Racial Equity and Engagement from $585,000.00 to $476,000.00. Alternatives: Council could decline to allocate the proposed funds for the Business Equity Fund. Council could also reduce the amount of its allocation for the Business Equity Fund. Attachments:  Funding Resolution – as amended and approved on 2/19/19  Agreement – as modified by discussion on 2/19/19  Donation Agreement Resolution RESOLUTION NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Charlottesville, Virginia that the sum of $109,000 is hereby paid from currently appropriated funds in the Council Strategic Initiatives account in the General Fund to the Community Investment Collaborative pursuant to the Donation Agreement between the City of Charlottesville and the Community Investment Collaborative being executed by the Community Investment Collaborative and the City Manager. Transfer From: $109,000 Fund: 105 Cost Center: 1011001000 G/L Account: 599999 Transfer To: $109,000 Fund: 426 WBS Element: P-01010 G/L Code: 599999 Approved by Council February 19, 2019 Kyna Thomas Clerk of Council RESOLUTION BE IT RESOLVED by the Council for the City of Charlottesville, Virginia, that the City Manager is hereby authorized to sign the following document, attached hereto, in form approved by the City Attorney or his designee. Donation Agreement between the City of Charlottesville (Donor) and the Community Investment Collaborative for administration of the Business Equity Fund loan program. DONATION AGREEMENT THIS DONATION AGREEMENT is made and entered into this _____ day of March, 2019, by and between the CITY OF CHARLOTTESVILLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia (hereinafter “the City”) and COMMUNITY INVESTMENT COLLABORATIVE, a Virginia not-for-profit 501(c)(3) corporation, and its successors and assigns (hereinafter “CIC”). WHEREAS, CIC is a not-for-profit corporation operated exclusively for charitable and educational purposes; and WHEREAS, CIC intends to provide a loan program to socially disadvantaged individuals within the City of Charlottesville. NOW, THEREFORE, THE PARTIES AGREE TO THE FOLLOWING DONATION TERMS AND CONDITIONS: 1. AUTHORITY. The contribution by the City to CIC as provided in this Agreement is made pursuant to Virginia Code §15.2-953. The City, through its City Council, is enabled by Virginia Code §15.2-953 to appropriate public funds to charitable institutions if such institutions provide services to residents of the locality. CIC is a nonprofit charitable institution in the City of Charlottesville that provides services to Charlottesville residents. CIC is eligible to receive public funds pursuant to Virginia Code §15.2-953 and such funds are to be used solely for the purposes provided for in this Agreement. 2. CITY DONATION. The City agrees to contribute to CIC a total of $109,000 pursuant to Section 4 of this Agreement. 3. PURPOSE. The City’s contribution shall be used solely for the following items and services: CIC shall administer a Business Equity Fund loan program for socially disadvantaged individuals owning a for-profit business in existence for at least six months located within the City of Charlottesville and having a business license with the City of Charlottesville. Socially disadvantaged individuals are individuals who have been subjected to racial or ethnic prejudice or cultural bias because of their identity as a member of a group without regard to their individual qualities. The loans are to be in amounts of $5,000.00 to $35,000.00 and the terms of the loans will range from six months to five years. The loans will be fully amortized and there will be no penalty for the early repayment of loans. The loans shall have annual interest rates ranging from zero to three percent and closing fees shall range from one percent to three percent. Should any loan be charged an interest rate of greater than zero, upon repayment, the full principal and interest shall return to the fund. In order to be eligible for a loan, applicants must provide all requested financial documents in a timely manner; complete a loan application and interview with a loan panel; agree to a credit history check and review; and agree to technical assistance throughout the process. 4. TIMING. The City shall grant CIC $54,500.00 upon the execution of this Agreement. An amount of $50,000 shall be used for loans and the remaining funds may be used to defray administrative costs of issuing the loans. CIC shall provide a report to the City within three months of receiving the initial grant detailing the use of City funds. If CIC has not used any City funds within three months of this Agreement’s execution, CIC shall provide a written report to the City detailing the reasons for the lack of loans. If CIC makes loans within three months of the Agreement’s execution, CIC shall provide a written report detailing the loans, repayments, types of businesses receiving the loans, and other relevant information requested by the City. This written report shall be a recurring quarterly obligation for CIC so long as loans using City funds still require repayment. Upon CIC’s use of the first $54,500.00 of City funds, it may request in writing that the City’s Director of Economic Development release the additional $54,500.00 of City funds. 5. RETURN OF CITY FUNDS. If CIC does not lend any of the first $50,000.00 of City funds within six months of the execution of this Agreement, the City may request a refund of the funds and terminate this Agreement immediately without complying with the provisions of Section 11 of this Agreement. 6. NO AGENCY RELATIONSHIP CREATED. Neither CIC nor its agents, employees, or subcontractors shall be deemed employees or agents of the City by virtue of this Agreement. CIC shall have sole responsibility of for its employees, volunteers, and subcontractors including their work, conduct, directions, and compensation. 7. SEVERABILITY. In the event any term, provision, or condition of this Agreement, or the application thereof to any person or circumstance shall be held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement and the application of any term, provision or condition contained herein to any person or circumstance other than those to which it has been held invalid or unenforceable, shall not be affected thereby. 8. CITY ACCESS TO RECORDS. CIC agrees that duly authorized representatives of the City shall have access to any books, documents, papers and records which are directly pertinent to this Agreement upon forty eight hours advanced request by the City. 9. INDEMNIFICATION. To the extent permitted by law, CIC agrees to defend, indemnify and save the City (including its officers, agents, officials, employees and agents) harmless from and against any and all liability loss, claim, suit, damage, charge or expense which the City may suffer, sustain, incur which may arise out of, results from, or is in any way connected with actions taken by CIC in the performance of its obligations under this Agreement, or which occurs as a consequence of any negligence, omission or misconduct of CIC and any of CIC’s subcontractors, agents, volunteers, or employees in CIC’s performance of its obligations pursuant to this Agreement. 10. NON DISCRIMINATION. During the performance of this Agreement, CIC agrees that it will not discriminate against any employee or applicant for employment or in the provision of its services against any employee, applicant for employment, or service recipient on the basis of race, religion, color, sex, sexual orientation, national origin, age, disability or any other basis prohibited by law. CIC agrees to post in conspicuous places, available to employees, applicants for employment, and applicants for services notices setting forth the provisions of this nondiscrimination clause. CIC shall state that it is an equal opportunity employer in all solicitations or advertisements for employment. 11. TERMINATION. Either party may terminate this Agreement by giving written notice to the other party of the termination with at least thirty days notice. Upon termination of this Agreement, CIC shall return any unexpended funds to the City. 12. NO WAIVER OF RIGHTS. Any failure on the part of the City to enforce any of this Agreement’s terms and conditions shall not be construed as or deemed to be a waiver of the right to enforce such terms and conditions. No waiver by the City or any default or failure to perform by CIC shall be construed as or deemed to be a waiver of any other and/or subsequent default or failure to perform. The acceptance of the performance of all or any part of this Agreement by the City, for or during any period following a default or failure to perform by CIC shall not be construed as or deemed to be a waiver by the City of any of its rights pursuant to this Agreement. 13. ENTIRE AGREEMENT. This Agreement states all of the covenants, promises, agreements, conditions, and understandings between the City and CIC regarding the City’s donation of funds. 14. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia and any proceeding concerning this Agreement shall be commenced in courts having jurisdiction within the City of Charlottesville, Virginia. 15. AMENDMENTS. This Agreement may be amended by a written amendment signed by the authorized representatives of both parties. WITNESS the following authorized signatures: COMMUNITY INVESTMENT COLLABORATIVE _____________________________________________ Stephen Davis, President CITY OF CHARLOTTESVILLE, VIRGINIA Michael Murphy, Interim City Manager Approved as to Form: ________________________________________ John C. Blair, II, City Attorney This page intentionally left blank CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: March 4, 2019 Action Requested: Approval of Resolution (1 reading) Presenter: John Blair, City Attorney Staff Contacts: Brian Daly, Director, Parks and Recreation Alex Ikefuna, Director, NDS Title: Acquisition of Land (2.78 acres) off Hartman’s Mill Road for Use as Parkland and Development of Housing Background: In 2010, Charles Young and Kendall Young Ruscher (“Owners”) created an approved subdivision (“Charley Close Subdivision”) at the end of Hartman’s Mill Road with 6 residential lots and a cul- de-sac entrance (.9351 acre). At the rear of the subdivision was a wetlands area (1.848 acres – Residue Land) that was designated to be dedicated to the City as park land. The Charley Close subdivision never reached the stage of building houses, and several years ago the Owners decided to negotiate with the City to sell all of the land (2.78 acres) to the City with certain restrictions. Negotiations continued for several years until City staff and the Owners agreed on the terms of purchase and sale. Discussion: The Owners have agreed to sell the Charley Close Subdivision land for $270,000, and donate the Residue Land to the City with the restriction that the Residue Land can only be used for passive park land. The Residue Land is adjacent to parkland purchased by the City in 2014, and would become part of Jordan Park. The Charley Close Subdivision can be developed in whatever manner City Council deems appropriate and consistent with the Comprehensive Plan. Assessor – The 2019 assessed value of the Charley Close Subdivision land is $247,200; the 2019 assessed value of the Residue Land (wetlands) is $68,700. The Owner is not asking for any monetary compensation for the Residue Land. Zoning/Planning – Carrie Rainey, of the Neighborhood Development Services Department) confirmed the Charley Close Subdivision land is currently zoned R-1S Residential, defined as low- density residential areas characterized by small-lot development. The proposed use as a housing development is consistent with the City comprehensive plan and other applicable land use regulations. Alignment with City Council’s Vision and Strategic Plan: Approval of the acquisition of the above-described land supports Quality Housing Opportunities for All of the City Vision, and is consistent with Goal 1.3 (Increase Affordable Housing Options) of the Strategic Plan. Budgetary Impact: The funds to purchase the subdivision land ($270,000 plus closing costs) would be transferred from the CIP Contingency account into an account specifically set up for this real estate transaction. A separate resolution to transfer these funds is on this same agenda for Council consideration. Recommendation: Staff recommends approval of the Resolution. The City will acquire 2.78 acres of land which can be used for both additional parkland and a potential housing development site. The Parks and Recreation Department is willing to oversee the addition of the Residue Land into Jordan Park. Attachments: 2010 Plat Showing Lands to be Acquired Proposed Resolution Sale/Purchase Agreement strument# 20 1 000 4 805 Pa ge ~ I' I I I / ,- r . 60 SCALE 1" 60' I j DEN01£S MONUMENTAllON TO BE SET r IN ACCORDANCE WllH PLAT N01£ 5 (Sheet .3 of 6) SCALE IN FEET I I DENOTES IRON S E T - - - - TMP26-68 . I I.F. OEN01£S IRON FOUND 3.10 Ac.(l'ax Recorda) IORDANPARK ~ -:~ar.~~~tr~e -.--- -~ City of