1 COUNCIL CHAMBER - April 15, 2019 ROLL CALL The Charlottesville City Council met on this date in City Hall Council Chamber with the following members present: Mayor Nikuyah Walker, Vice Mayor Heather Hill, Dr. Wes Bellamy, and Ms. Kathy Galvin. Mr. Mike Signer was absent due to a family obligation. Mayor Walker called the meeting to order at 6:37 p.m. ANNOUNCEMENTS / PROCLAMATIONS Dr. Bellamy made an announcement on behalf of Ms. Maxine Holland, regarding Juneteenth events starting June 14, 2019, at the Jefferson School African American Heritage Center. Dr. Bellamy asked for everyone to register for the “Run the Streets” 4-miler on Saturday, June 29th with WeCodeToo. Registration is online at www.wecodetoocville.com/runthesestreets. Ms. Galvin acknowledged that Paris is grieving the loss of a world heritage site – the burning of Notre Dame Cathedral, which is a loss to the world. Ms. Walker announced that new City Manager Tarron Richardson was introduced during a press conference earlier today. Dr. Richardson will start on May 13 and was in the audience for recognition. Dr. Bellamy acknowledged that a Proclamation was presented at an event on Saturday, April 13th to the University of Virginia basketball team in recognition of their NCAA championship. Councilors Hill and Galvin were present at the event and shared sentiments. CONSENT AGENDA Clerk of Council Kyna Thomas read the following items into the record: a. MINUTES: April 1, 2019 Special and Regular meetings; April 8, 2019 Special meeting. Due to technical issues, the March 18, 2019 Minutes will be available for the May 6, 2019 meeting. Minutes-April 1, 2019 Special Minutes - April 1, 2019 Regular Minutes-April 8, 2019 Special 2 b. APPROPRIATION: Funds from VML Insurance Programs - $11,374.00 Funds from VML Insurance Programs - $11,374.00 APPROPRIATION VML Insurance Programs Claim Payment - $11,374.00 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Charlottesville, Virginia that $11,374.00 from VML Insurance Programs is to be appropriated in the following manner: Revenues - $11,374.00 Fund: 105 Cost Center: 2471001000 G/L Account: 451110 Expenditures - $11,374.00 Fund: 105 Cost Center: 2471001000 G/L Account: 510060 Amount: $680 Fund: 105 Cost Center: 2471001000 G/L Account: 520200 Amount: $10,694 c. APPROPRIATION: Funds from Ryder - $7,850.00 Funds from Ryder - $7,850.00 APPROPRIATION VML Insurance Programs Claim Payment - $7,850.00 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Charlottesville, Virginia that $7,850.00 from Ryder is to be appropriated in the following manner: Revenues - $7,850.00 Fund: 105 Cost Center: 2443001000 G/L Account: 451110 Expenditures - $7,850.00 Fund: 105 Cost Center: 2443001000 G/L Account: 530550 d. APPROPRIATION: Funds from Trinity Steel Erection, Inc. - $2,856.00 Funds from Trinity Steel Erection, Inc. - $2,856.00 3 APPROPRIATION VML Insurance Programs Claim Payment - $2,856.00 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Charlottesville, Virginia that $2,856.00 from Trinity Steel Erection, Inc. is to be appropriated in the following manner: Revenues - $2,856.00 Fund: 105 Cost Center: 2471001000 G/L Account: 451110 Expenditures - $2,856.00 Fund: 105 Cost Center: 2471001000 G/L Account: 510060 Amount: $140 Fund: 105 Cost Center: 2471001000 G/L Account: 520200 Amount: $2,716 e. APPROPRIATION: Funds from Penn National Insurance - $12,500.00 Funds from Penn National Insurance - $12,500.00 APPROPRIATION VML Insurance Programs Claim Payment - $12,500.00 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Charlottesville, Virginia that $12,500.00 from Penn National Insurance is to be appropriated in the following manner: Revenues - $12,500.00 Fund: 105 Cost Center: 2471001000 G/L Account: 451110 Expenditures - $12,500.00 Fund: 105 Cost Center: 2471001000 G/L Account: 510060 Amount: $5,464 Fund: 105 Cost Center: 2471001000 G/L Account: 520200 Amount: $7,036 f. APPROPRIATION: Virginia Fire Equity & Diversity Conference - $50,000 Appropriation Virginia Fire Equity & Diversity Conference - $50,000 APPROPRIATION Virginia Fire Equity & Diversity Conference $50,000 WHEREAS, the City of Charlottesville, through the Charlottesville Fire Department will be hosting the 2019 Virginia Fire Equity and Diversity Conference in October 2019; 4 WHEREAS, the City of Charlottesville has received a Conference and Education Assistance Grant from Virginia Department of Fire Programs (VDFP) to host conference expenses and will also be receiving registration fees from conference attendees which will be used to cover the cost of hosting such a conference; Revenue $15,000 Fund: 209 Internal Order: 1900325 G/L Account: 430110 $35,000 Fund: 209 Internal Order: 1900325 G/L Account: 434410 Expenditures $50,000 Fund: 209 Internal Order: 1900325 G/L Account: 599999 NOW, THEREFORE BE IT RESOLVED by the Council of the City of Charlottesville, Virginia that the sum of $50,000, received from the Virginia Department of Fire Programs (VDFP) and conference attendees is hereby appropriated in the following manner: BE IT FURTHER RESOLVED, this appropriation is conditioned upon the receipt of grant funds from the Virginia Department of Fire Programs and conference registration fees and shall be hereby considered a continuing appropriation unless further altered by Council. g. APPROPRIATION: FM Global Fire Prevention Grant - $3,268.00 (carried) FM Global Grant Program $3,268.00 h. APPROPRIATION: Virginia Housing Solutions Program Grant Award - $27,728.46 (2nd reading) Virginia Housing Solutions Program Grant Award - $27,728.46 APPROPRIATION Virginia Housing Solutions Program Grant Award $27,728.46 WHEREAS, The City of Charlottesville, through the Department of Human Services, has received the V. H. S. P. Grant from the Virginia Department of Housing and Community Development in the additional amount of $27,728.46; NOW, THEREFORE BE IT RESOLVED by the Council of the City of Charlottesville, Virginia that the additional sum of $27,728.46 is hereby appropriated in the following manner: 5 Revenues $ 9,656.51 Fund: 209 IO: 1900313 G/L: 430110 State Grant $18,071.95 Fund: 209 IO: 1900313 G/L: 430120 Federal Pass-Thru State Expenditures $27,728.46 Fund: 209 IO: 1900313 G/L: 530550 Contracted Services BE IT FURTHER RESOLVED, that this appropriation is conditioned upon receipt of an additional $27,728.49 in funds from the Virginia Department of Housing and Community Development. i. APPROPRIATION: Virginia Department of Social Services (VDSS) Employment for Temporary Aid to Needy Families (TANF) Participants Grant (2nd Renewal) - $58,824 (2nd reading) OED VDSS TANF Grant 2nd Renewal - $58,824 APPROPRIATION Virginia Department of Social Services (VDSS) Employment for Temporary Aid to Needy Families (TANF) Participants Grant (2nd Renewal) $58,824 WHEREAS, the City of Charlottesville has received funds from the Virginia Department of Social Services in the amount of $50,000 requiring a $8,824 in local in-kind match provided by the Office of Economic Development through the Workforce Investment Fund; and WHEREAS, the funds will be used to support workforce development training programs provided by the Office of Economic Development; and WHEREAS, the grant award covers the period from June 30, 2018 and July 1. 2019; Revenue $50,000 Fund: 209 IO: 1900326 G/L: 430120 State/Fed pass thru $ 8,824 Fund: 209 IO: 1900326 G/L: 498010 Transfers from Other Funds Expenditures $58,824 Fund: 209 IO: 1900326 G/L: 599999 Lump Sum Transfer From $ 8,824 Fund: 425 WBS: P-00385 G/L: 561209 Transfer to State Grants 6 NOW, THEREFORE BE IT RESOLVED by the Council of the City of Charlottesville, Virginia, that the sum of $66,667 is hereby appropriated in the following manner: BE IT FURTHER RESOLVED, that this appropriation is conditioned upon the receipt of $50,000 from the Virginia Department of Social Services and the matching in-kind funds from the Office of Economic Development through the Workforce Investment Fund. j. ORDINANCE: Telecommunications Franchise to MMI Atlantic, LLC Telecommunications Franchise to MMI Atlantic, LLC AN ORDINANCE GRANTING A TELECOMMUNICATIONS FRANCHISE TO MMI ATLANTIC, LLC , ITS SUCCESSORS AND ASSIGNS TO USE THE STREETS AND OTHER PUBLIC PLACES OF THE CITY OF CHARLOTTESVILLE, VIRGINIA FOR ITS POLE, WIRE, CONDUITS, CABLES AND FIXTURES, FOR A PERIOD OF FIVE (5) YEARS k. RESOLUTION: CPA-TV/York Property Lease Agreement and The Ryal Thomas Show, LLC License Agreement CPATV Lease Agmts RESOLUTION BE IT RESOLVED by the Council for the City of Charlottesville, Virginia, that the City Manager is hereby authorized to sign the following documents, in form approved by the City Attorney or his designee. (1) Lease Agreement between the City of Charlottesville (Lessee) and York Property, LLC (Lessor) for the lease of property at 112 West Main Street, Suites 9 & 10 (York Place) for the Charlottesville Community Media Center, effective April 1, 2019; and (2) License Agreement between the City of Charlottesville (Licensor) and Ryal Thomas (Licensee) for use of the Charlottesville Community Media Center at 12 West Main Street, effective April 1, 2019. CITY MANAGER RESPONSE TO COMMUNITY MATTERS (FROM PREVIOUS MEETINGS) Mr. Murphy provided responses on the following matters: 7 1) Questions from Ms. Rebecca Quinn regarding the report received from the Water and Sewer Authority infiltration. Ms. Hildebrand has provided a response. In order to minimize inflow in infiltration and service disruption, an ongoing Capital Improvement Plan is in place that includes rehabilitation and improvement of the sanitary sewer system. The information will be emailed to Ms. Quinn. 2) A concern brought up by Ms. Katrina Turner regarding foreclosure of property due to delinquent taxes. He advised that in 2019 there have been no foreclosures. In 2018 there were foreclosures, all of which had at least six years of tax delinquency, and no case in which anyone has been removed from an occupied parcel. 3) Vietnam Veterans Memorial City actions. Additional general way-finding signs are on order. Other signs will be adjusted to meet ADA requirements. Areas were paved last week and there are two parking accessible parking spots available. Staff is prepared to offer a reservation system for transportation to the memorial. He asked for Council to endorse his recommendation that he determine a working group to make recommendations for access to the memorial and bring those ideas back to Council. Councilors acknowledged support. 4) In response to a concern from Ms. Rosia Parker, Mr. Duncan, Traffic Engineer, gave an overview of efforts made to address issues at 8th & Main Streets. Dr. Bellamy asked about the cost of installing rapid flash beacons at the intersection. Mr. Duncan advised each would cost $10,000 and two would be needed. Ms. Walker asked about accidents at the intersection and Mr. Duncan advised that there are none in the last five years of data. Dr. Bellamy advised that he would support putting flashers at this intersection. Ms. Hill advised that Council needs to be strategic about where to place the rapid flash beacons. Dr. Bellamy advised of concerns from the walking community/neighborhood. Ms. Galvin asked about the "Do Not Block the Box" and Mr. Duncan advised that the program is geared toward vehicular traffic. Ms. Walker advised that she has not heard from people regarding this issue. Mr. Duncan advised in two years Ms. Parker is the only person who has brought this issue to his attention. Ms. Galvin asked that this item be placed on a future agenda along with information about criteria and other areas around the city that may need the beacons. Ms. Hill agreed. Mr. Murphy advised that additional data needs to be gathered before placing this item on a future agenda. Ms. Galvin advised that Senators Kaine and Warren have located additional funds that will be directed to Charlottesville affordable housing. She asked for further information of how the funding would be allocated in reference to the Charlottesville Supplemental Rental Assistance Program and the On-the-Job training program. Mr. Murphy will ask Mr. Duffield to provide an update. COMMUNITY MATTERS Ms. Myra Anderson spoke about a human rights violations in regard to Region Ten. She handed out a list of recommendations to Council to ensure that rights of all citizens are upheld. 8 Dr. Bellamy asked if there is a timeline for hearing back from the City on her request. Ms. Anderson advised that time is of the essence. Ms. Walker advised that this issue has been part of her focus - holding agencies accountable. Ms. Galvin asked if this would be a legal matter since Ms. Anderson advised that human rights had been violated. Mr. Blair advised that the Human Rights Commission could open an investigation. Mr. Murphy agreed. Mr. Chris Meyer welcomed new City Manager Dr. Richardon. As the new Director of the Local Energy Alliance Program (LEAP), he spoke in support of the City's efforts related to climate change and encouraged efforts toward affordable and comfortable housing through energy efficiency and renewable energy. Mr. Tom Vandever asked that the following three speakers on the list be allowed to yield their time to Mr. Jim Schisler to speak. Mr. James D. “Jim” Schisler, resident, spoke about inadequate parking and limited access at the Dogwood Vietnam Memorial. Dr. Ellen Osborne, Executive Director of Literacy Volunteers, gave a summary of program successes for the past year. Ms. Katrina Turner, resident, passed a letter of response to Councilors. She directly addressed Mr. Murphy, advising that she was not satisfied with the revised letter from the Police Chief. - Mr. Murphy advised that Chief Brackney has provided a corrected letter and he will not require her to take any further action. Ms. Emily Dreyfus, organizer with the Legal Aid Justice Center and Advisory Council Member for the Public Housing Association of Residents, commended the City for efforts dedicated to allocating funds for affordable housing, and followed up on concerns regarding Belmont Apartments vulnerable neighbors who received an eviction notice recently. She asked that the City consider how it can be helpful in the future. She urged citizens to contact Legal Aid when they hear about these issues. She mentioned support of concerns for the intersection and 8th and Main Streets. - Ms. Walker asked whether the voucher program could help people in situations like the Belmont Apartments issue. - Mr. Murphy advised that Ms. Dimock is following up on this issue. 9 - Dr. Bellamy advised that he received a message today that the developer has agreed to stop the displacement of individuals who have not been able to find housing elsewhere. Options are being explored. - Ms. Dimock advised that the developer is considering phasing in the rehabilitation of the building to impact the least amount of people. Mr. Harold Folley of Legal Aid ceded his time to Ms. Joyce Hilstrom of the People’s Coalition. She thanked Council for their hard work and commended the CRB for their efforts. She brought attention to the news article referencing disparities in police contacts toward people of color. She advised that the People’s Coalition is in support of the CRB bylaws that will be presented on April 17th. Mr. Brad Slocum, resident, expressed concern that the City’s climate policy was not on today’s agenda. He asked for more updates on policy and environmental issues. The meeting went into recess at 8:05 p.m. The meeting reconvened at 8:15 p.m. On motion by Ms. Hill, seconded by Dr. Bellamy, Council by the following vote changed the order of the agenda to place Item #7 before Item #2 because of travel constraints for Dr. Richardson: 4-0 (Ayes: Dr. Bellamy, Ms. Hill, Ms. Walker, Ms. Galvin; Noes: None; Absent: Mr. Signer) RESOLUTION*: Resolution Approving City Manager Employment Agreement Resolution Approving City Manager Employment Agreement Mr. Blair introduced the item and mentioned that a press conference was held at Noon to introduce new City Manager, Dr. Tarron Richardson. Ms. Walker opened up the floor for questions. No one came forward. Ms. Galvin offered additional comment to welcome Dr. Richardson. Ms. Hill advised that although Mr. Signer could not be here, he advised that he would vote in favor of the resolution. On motion by Ms. Galvin, seconded by Dr. Bellamy, Council by the following vote APPROVED the Resolution approving the City Manager Employment Agreement: 4-0 (Ayes: Dr. Bellamy, Ms. Hill, Ms. Walker, Ms. Galvin; Noes: None; Absent: Mr. Signer) 10 RESOLUTION APPROVING AN EMPLOYMENT AGREEMENT BETWEEN DR. TARRON RICHARDSON AND THE CITY OF CHARLOTTESVILLE, VIRGINIA WHEREAS, the Charlottesville City Council is enabled to hire a City Manager pursuant to Virginia Code Section 15.2-1540 and Section 5 of the Charlottesville City Charter; and WHEREAS, Dr. Tarron J. Richardson desires to serve as the Charlottesville City Manager. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Charlottesville, Virginia that the Employment Agreement between Dr. Tarron J. Richardson and the City of Charlottesville, Virginia dated April 8, 2019 is hereby approved; and BE IT FURTHER RESOLVED by the Council of the City of Charlottesville, Virginia that Dr. Richardson will begin his duties as the Charlottesville City Manager on May 13, 2019. PUBLIC HEARING / RESOLUTION*: Series 2019 Bond Issue - $17,750,000 PH-RES_Series 2019 Bond $17,750,000 Mr. Chris Cullinan, Director of Finance, came forward to introduce the item. Ms. Walker asked if there were any concerns from the rating agencies and Mr. Cullinan advised that there were no concerns raised by either agency. Ms. Walker opened the Public Hearing. With no one coming forward to speak, the public hearing was closed. Mr. Murphy offered further comments. Mr. Cullinan wanted to publicly thank Ms. Krisy Hammill for her work. On motion by Ms. Hill, seconded by Ms. Galvin, Council by the following vote APPROVED the Resolution: 4-0 (Ayes: Dr. Bellamy, Ms. Hill, Ms. Walker, Ms. Galvin; Noes: None; Absent: Mr. Signer) RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS OF THE CITY OF CHARLOTTESVILLE, VIRGINIA, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $17,750,000, TO FINANCE THE COSTS OF CERTAIN PUBLIC IMPROVEMENT PROJECTS AND PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF 11 ORDINANCE*: Amend Charlottesville City Code Section 15-131(Motor Vehicles and Traffic) (carried) ORD_City Code Section 15-131(Motor Vehicles and Traffic) Chief Andrew Baxter came forward to review the item. The City Code section amends the membership requirements for special parking permits to full active members of the Charlottesville Rescue Squad. Ms. Walker asked for clarification about the use of the permits and how the appropriate use is communicated. This action would reduce the list from several hundred to less than one hundred tags. ORDINANCE*: Rezone Lyman Street Residences-Tax Map 58 Parcels 289.2 and 358E (Subject Properties) (2nd reading) ORD_Lyman Street Rezoning Action Memo 3-20-2019 Ms. Walker advised that on April 1st this item was on the consent agenda, so it has been moved to the regular meeting for the public to have more information. Mr. Brian Haluska gave a summary of the rezoning request and noted that the Planning Commission unanimously recommended approval at their March 12th meeting, with three Councilors present. On motion by Ms. Hill, seconded by Ms. Galvin, Council by the following vote APPROVED the Ordinance to rezone Lyman Street Residences-Tax Map 58 Parcels 289.2 and 358E: 4-0 (Ayes: Dr. Bellamy, Ms. Hill, Ms. Walker, Ms. Galvin; Noes: None; Absent: Mr. Signer) AN ORDINANCE APPROVING A REQUEST TO REZONE TWO PARCELS FRONTING ON LYMAN STREET FROM R-1 (AND PUD (BELMONT LOFTS PLANNED UNIT DEVELOPMENT) TO R-2 (TWO FAMILY RESIDENTIAL)) RESOLUTION*: Special use permit - Lyman Street Residences-Tax Map 58 Parcels 289.2 and 358E (Subject Properties) RES_Lyman Street SUP Action Memo Ms. Walker introduced the item and Mr. Brian Haluska came forward to discuss the request for Special Use Permit. 12 Mr. Haluska advised that these allow internal accessory dwelling units. On motion by Ms. Hill, seconded by Ms. Galvin, Council by the following vote APPROVED the resolution to grant a special use permit to authorize an infill development project, as more particularly described within the application materials submitted by the Landowner in connection with City Application No. SP19-00011: 4-0 (Ayes: Dr. Bellamy, Ms. Hill, Ms. Walker, Ms. Galvin; Noes: None; Absent: Mr. Signer) RESOLUTION GRANTING A SPECIAL USE PERMIT FOR INFILL DEVELOPMENT ON TWO PARCELS FRONTING ON LYMAN STREET WHEREAS, BKKW, LLC is the owner (“Landowner”) of certain property fronting on Lyman Street, designated on 2018 City Tax Map 58 as Parcels 289.2 and 358E (“Subject Property”), and pursuant to City Code §34-165, the Landowner requests a special use permit to authorize an infill development project, as more particularly described within the application materials submitted by the Landowner in connection with City Application No. SP19-00011; and WHEREAS, the zoning classification of the Subject Property is R-2 (Two Family Residential); and WHEREAS, the purpose of the application is to allow construction of a specific infill development project within the Subject Property, consisting of the following: A common plan of development for the land area within Parcels 289.2 and 358E, including: (i) three (3) buildings, to be constructed as single-family dwellings (the “SFDs”), each on its own separate lot and with each building fronting on Lyman Street; (ii) each lot containing a single-family dwelling shall have an area no less than 2500 square feet (SF) and no more than 3500 SF; each such lot shall have frontage on Lyman street of no less than 34 feet and no more than 65 feet; and each such lot shall have side yards of at least 2 feet, but no required front or rear yard areas; (iii) each single-family lot, and the land on which it is constructed, may be used and occupied in any manner authorized within §34-420 of the R-2 zoning district regulations, including, without limitation, internal accessory apartments; (iv) the land area currently identified as tax Parcel 358E will not contain any buildings or structures (other than the SFDs), and will be used predominantly for access and parking for the SFDs described above and as landscaped open space with plantings, and for any additional driveway or parking as may be necessary to serve internal accessory apartments established within the SFDs; and (v) the general design and height of all buildings, the layout of the entire development area, and the characteristics of the development shall be in all material aspects the same as depicted within the site plan dated December 21, 2018, revised February 28, 2019, and the narrative materials accompanying Application No. SP19- 00011 (hereinafter, the “Infill Project”); and WHEREAS, a public hearing on the proposed Infill Project was conducted jointly by the Planning Commission and City Council on March 12, 2019, following notice to the public and to adjacent property owners as required by Virginia Code §15.2-2204 and City Code §34-44; and 13 WHEREAS, based on the representations, information, and materials included within the application materials submitted by the Landowner in connection with SP19-00011, and upon consideration of: information and analysis set forth within the Staff Report; factors set forth in City Code §34-157, §34-165, and §34-166; the recommendation of the Planning Commission; and comments received at the joint public hearing, this Council finds that the Infill Project is appropriate in the location requested and may be approved subject to suitable regulations and safeguards; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Charlottesville, THAT a Special Use Permit is hereby granted to authorize the Infill Project defined above within this Resolution to be constructed on the Subject Property, including, without limitation, approval of modified yard regulations, density standards, and parking standards otherwise applicable within the R-2 zoning district. Minor adjustments of the dimensional regulations set forth above, within the definition of this “Infill Project” shall be permitted when necessary for compliance with engineering, stormwater, utility or other legal requirements, any such adjustments not to exceed five percent (5%) of the dimensions included within the definition of “Infill Project”. Nothing set forth within this Resolution shall be construed as limiting or requiring any particular architectural details or features, including, without limitation: exterior finishes or construction materials, window or door locations, etc. REPORT*: Update on Proposed Changes to Alleys and Paper Streets Closing Policy Alleys & Paper Streets Policy Mr. Alex Ikefuna presented the policy related to alleys and paper streets, sharing the benefits, and he reviewed the evaluation process for determining when an alley should be closed. He presented two recommendations from staff: 1. Reaffirm that all alley acceptance or denial be approved by the City Council; and 2. Approve proposed criteria for accepting or denying applications. Mr. Blair advised that a resolution could go on the consent agenda for the next meeting. OTHER BUSINESS Councilors Walker, Hill and Bellamy confirmed attendance at the April 27 joint meeting with the CRB in effort to have a quorum. MATTERS BY THE PUBLIC No one came forward to speak. The meeting adjourned at 8:50 p.m.