CITY COUNCIL REGULAR MEETING Monday, January 6, 2020 Council Chamber 6:30 p.m. The Charlottesville City Council met in regular session on January 6, 2020, with the following members present: Ms. Heather Hill, Ms. Sena Magill, Mr. Michael Payne, Mr. Lloyd Snook, and Ms. Nikuyah Walker. On motion by Ms. Hill, seconded by Mr. Snook, Council by the following voice vote appointed City Manager Tarron Richardson as presiding officer of the Organizational Meeting: 5-0 (Ayes: Hill, Magill, Payne, Snook, Walker; Noes: None). Dr. Richardson reviewed the process for election of mayor and vice mayor, and opened the opportunity for Councilors to make comments on the position of mayor. Each Councilor was given five minutes to make comments. Dr. Richardson invited nominations for the position of mayor. Mr. Payne’s nomination of Ms. Walker was seconded by Ms. Magill. With no other nominations, Dr. Richardson closed nominations and called for a voice vote for election of mayor. Council by the following vote elected Ms. Nikuyah Walker to the role of mayor: 3-2 (Ayes: Magill, Payne, Walker; Noes: Hill, Snook). Dr. Richardson opened the floor for comments on the position of vice mayor. Councilors were given five minutes each to speak. Dr. Richardson invited nominations for the position of vice mayor. Ms. Snook’s nomination of Ms. Hill was seconded by Ms. Magill. Mr. Payne’s nomination of Ms. Magill was seconded by Ms. Walker. Ms. Walker’s nomination of Mr. Payne was seconded by Ms. Magill. Closing nominations, Dr. Richardson asked Clerk of Council Kyna Thomas to call the roll for a voice vote. Council by a 4-1vote elected Ms. Sena Magill to the role of vice mayor as follows: Votes for Ms. Magill (Payne, Hill, Magill, Walker) Votes for Ms. Hill (Snook) The meeting recessed at 7:00 p.m. Mayor Walker reconvened the meeting at 7:15 p.m. On motion by Ms. Magill, seconded by Mr. Payne, Council by the following vote amended the agenda, adding Item 8 – “Resolution Opposing Military Intervention in Iran” to the end of the regular agenda: 5-0 (Ayes: Hill, Magill, Payne, Snook, Walker; Noes: None). Ms. Magill announced availability of the annual Harambee Family Events Calendar from Mr. Alex-Zan. She announced the free Martin Luther King, Jr. program being held on January 20th. On motion by Ms. Hill, seconded by Mr. Snook, Council by a 5-0 vote (Ayes: Hill, Magill, Payne, Snook, Walker; Noes: None), appointed Councilors to the following Boards and Commissions: Charlottesville Area Transit Advisory Board - SNOOK Charlottesville Community Scholarship Program - SNOOK Charlottesville Redevelopment & Housing Authority - WALKER Historic Resources Committee - HILL Housing Advisory Committee - PAYNE Hydraulic Road Planning –N/A Legislative Committee – SNOOK, MAGILL Measurements & Solutions Group – ON HOLD Piedmont Housing Alliance - PAYNE PLACE Design Task Force - SNOOK Retirement Commission - HILL School Capital Projects – WALKER, HILL Social Services Advisory - MAGILL Water Resources Protection Program Advisory Committee – MAGILL [Correction: this board does not have a Council seat.] Charlottesville Albemarle Regional Jail - WALKER Charlottesville Albemarle Convention and Visitors Bureau – WALKER, HILL Darden Towe Park – HILL, SNOOK Jefferson Area Board for Aging Board of Directors - HILL Jefferson Area Community Criminal Justice - MAGILL LEAP Governance Board - PAYNE Mobilization for Action through Planning - MAGILL Metropolitan Planning Organization – SNOOK Regional Housing Partnership – PAYNE (SNOOK, alt.) Regional Transportation Partnership – WALKER, SNOOK Rivanna Corridor Planning Steering Committee – HILL, PAYNE Rivanna River Basin Commission – HILL, PAYNE Rivanna Solid Waste Authority – SNOOK Rivanna Water and Sewer Authority – SNOOK Thomas Jefferson Planning District Committee – PAYNE Virginia Career Works-Piedmont – HILL Virginia First Cities – MAGILL (SNOOK, alt.) CONSENT AGENDA Ms. Thomas read the following Consent Agenda items into the record: a. MINUTES: November 4 Regular meeting, November 13 Budget Worksession, November 15 Special meeting, November 18 Special and Regular meetings, December 2 Special meeting b. APPROPRIATION: Runaway Emergency Shelter Program Grant - $209,444 (1st of 2 readings) c. RESOLUTION: Honorary street naming – Winneba Way (1 reading) RESOLUTION Honorary Street Name Designation 6 ½ Street SW to Winneba Way WHEREAS, City Council adopted a policy for Honorary Street Name Designation; and WHEREAS, City Staff has reviewed the application for appropriateness and verified the historical information; and WHEREAS, Charlottesville City Code Section 28-4 provides City Council with the authority to name and rename streets including the authority for honorary renaming of streets. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Charlottesville, Virginia, that 6 ½ Street SW, shall be given the honorary name WINNEBA WAY. d. RESOLUTION: Supporting the Eviction Crisis Act and Authorizing the mayor to send a letter to Senators Warner and Kaine in support of the Act (1 reading) RESOLUTION SUPPORTING THE EVICTION CRISIS ACT AND AUTHORIZING THE MAYOR TO SEND A LETTER TO SENATORS WARNER AND KAINE IN SUPPORT OF THE ACT WHEREAS, the Charlottesville City Council recognizes that an affordable housing crisis is affecting the nation’s cities; and WHEREAS, the Charlottesville City Council recognizes that a component in the affordable housing crisis is a nationwide increase in evictions; and WHEREAS, United States Senators Michael Bennet and Robert Portman have introduced the Eviction Crisis Act in the United States Senate; and WHEREAS, the Charlottesville City Council supports the enactment of the Eviction Crisis Act. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Charlottesville, Virginia, that a copy of this Resolution shall be delivered to United States Senators Mark R. Warner and Timothy M. Kaine. BE IT FURTHER RESOLVED, that the Mayor of the City of Charlottesville is authorized to sign and deliver a copy of the correspondence attached to this Resolution. e. ORDINANCE: Amend Section 2-6 of the Charlottesville City Code to add Christmas Eve holiday (2nd reading) AN ORDINANCE AMENDING SECTION 2-6 OF CHAPTER 2 (ADMINISTRATION) OF THE CODE OF THE CITY OF CHARLOTTESVILLE (1990) – LEGAL HOLIDAYS f. ORDINANCE: Amending Section 9-27 of the Charlottesville City Code to change the name Recreation Center precinct to Key Recreation Center precinct (2nd reading) AN ORDINANCE AMENDING SECTION 9-27 OF CHAPTER 9 (ELECTIONS) – FIRST WARD g. REPORT: Rivanna Authorities Quarterly Update Ms. Walker opened the floor for public comment on consent agenda items. Ms. Rosia Parker asked for more information on the Runaway Emergency Shelter Program. Ms. Walker shared general information about the program. Ms. Walker spoke about the Eviction Crisis Act and asked that Councilors and staff become informed about local practices and their impact on local families to address issues locally. On motion by Ms. Hill, seconded by Mr. Payne, Council by the following vote APPROVED the consent agenda: 5-0 (Ayes: Hill, Magill, Payne, Snook, Walker; Noes: None). CITY MANAGER RESPONSE TO COMMUNITY MATTERS (FROM PREVIOUS MEETINGS) Dr. Richardson advised that Council just approved the letter of support being sent to Senators Kaine and Warner in support of the Eviction Crisis Act. COMMUNITY MATTERS Ms. Susan Kruse, City resident and Executive Director for the Charlottesville Climate Collaborative (C3) spoke about the Climate Action Plan and asked Council to authorize the Commercial PACE (Property Assessed Clean Energy) program in the commercial sector. Mr. Roy Van Doorn, member of the Downtown Business Association, spoke in support of a safe and vibrant downtown and about four items in particular: 1) Digital Parking Availability Signage, 2) Lighting, 3) New Water Street parking deck for more than just parking, and 4) the Dewberry. Mr. Matthew Hopper Hollick, student at UVA Law School, residing in the Barracks Road area, spoke in support of the Special Use Permit for Chick-fil-A. He advised that as a pedestrian, it would not be a hindrance to pedestrian connectivity. Mr. Jeff Fogel, Belmont resident, spoke about a City camera surveillance program. He advised that he sent a letter to the City Manager, requesting information to determine the purpose of the cameras and whether there have been racial implications. His main concern was transparency. - Ms. Walker advised that there were three cameras outside of Westhaven and one at the entrance to the Prospect neighborhood. One camera was off-line. Ms. Mary Carey, City resident, spoke about poor conditions in public housing and the need to receive a response from Councilors rather than waiting on the City Manager’s report at Council meetings. Mr. Paul Long, Ridge Street resident, spoke about public transportation, requesting full service for Charlottesville Area Transit on Sundays and holidays. He asked for a bench at Midway Manor to help the elderly and disabled. Ms. Tanesha Hudson spoke about public discourse and directed comments to Ms. Hill. She ceded the rest of her time to Ms. Ang Conn, who spoke about the Police Department camera program and asked whether cameras were also placed in predominantly white neighborhoods. Mr. Mason Pickett spoke about his experience being on the street holding signs. Mr. Brandon Collins, Charlottesville resident, spoke about First Amendment rights and in support of the newly seated Council. He spoke in support of First South Street items on the agenda, and the work that Council is doing for affordable housing, and asked for full funding of the Charlottesville Affordable Housing Fund. Ms. Rosia Parker spoke about making Charlottesville a better place to live. She also spoke about the Police Department use of cameras in low income neighborhoods. She asked for a bench to honor the memory of Sage Smith. She asked about better conditions for public housing. - Ms. Walker shared information about the disposition of the Sage Smith project, and the family’s decision to not install a bench. Mr. Harold Folley, City resident, spoke about Council making the Civilian Review Board (CRB) as strong as it can. He asked about the Disproportionate Minority Contract (DMC) report. He also spoke in support of Chick-fil-A on Barracks Road. - Ms. Walker and Dr. Richardson advised that the DMC report would be presented in February. - Ms. Hill advised of next steps for the CRB appointment process. - Ms. Walker advised that she and the City Manager have been in discussion about equity programs. Mr. Walt Heinecke shared that the process for selecting City Council officers gives hope. He encouraged building a strong CRB. He asked for reconsideration of the 7th Street parking garage, and the use of those funds for affordable housing. He asked Council to entertain reparations in Vinegar Hill – reverse redlining, where non-black owned businesses surrounding Vinegar Hill would contribute a portion of gross income to a community development fund. Mr. Scott Bandy, Fry’s Spring resident, asked Council about plans to reintroduce posting the Council Vision on the walls of Council Chamber. - Ms. Walker advised of a pending retreat in February to discuss Council’s Vision. Mr. Thomas Bninski, Fontaine Avenue resident, spoke about pedestrian and bicycle safety initiative, and advised that the plan for a planting strip would be destructive to the current neighborhood aesthetic, and would be an unnecessary expense. Mr. Ben Dornberg, County resident, spoke about the Jail Board voluntarily calling ICE (Immigration and Customs Enforcement) on residents, and asked Council to take action to compel the board to halt the practice. - Ms. Walker advised that City members voted to not support reporting to ICE. Ms. Joy Johnson spoke in support of the First South Street neighborhood design project, with twelve residents being part of the process of designing their own community. She applauded the women for their work. 2. RESOLUTION: Special Use Permit for establishment and operation of a restaurant with a drive-through window at 1000 Emmet Street North (Federal Realty Investment Trust, contract purchaser Chick-fil-A, Inc.) (1 reading) Mr. Joey Winter, City Planner in Neighborhood Development Services, presented the resolution. He advised of the two reasons why the item came before City Council as a Special Use Permit (SUP). The Planning Commission recommended approval at its December 10, 2019, meeting. Mr. Winter answered Council questions about next steps, site plan review, and how the project fits into the Comprehensive Plan. Ms. Walker spoke about traffic concerns expressed by citizens. She advised that a two- lane drive-thru is the company’s response to traffic concerns. Mr. Payne and Mr. Snook shared opinions of whether the project comports with the Zoning Ordinance. Mr. Blair provided clarification of the provision for a Special Use Permit, and whether the conditions within the SUP mitigate or conform to the heightened use proposed in the SUP. Mr. Ryan Yauger with Bohler Engineering, representing the developer, spoke about efforts to address concerns expressed by the public. On motion by Ms. Hill, seconded by Mr. Snook, Council by the following vote APPROVED the resolution: 4-1 (Ayes: Hill, Magill, Snook, Walker; Noes: Payne) RESOLUTION APPROVING A SPECIAL USE PERMIT TO AUTHORIZE THE ESTABLISHMENT AND OPERATION OF A RESTAURANT WITH A DRIVE-THROUGH WINDOW AT 1000 EMMET STREET NORTH WHEREAS, Chick-fil-A, Inc., by its agent John Martinez, (“Applicant”), with the endorsement of Federal Realty Investment Trust (“Property Owner”) has requested City Council to approve a special use permit pursuant to City Code §34-796, to authorize the establishment of a restaurant with a drive-through window (the proposed “Special Use”) at 1000 Emmet Street North, identified on City Tax Map 1 as Parcel 1 (real estate parcel identification # 010001000) (“Subject Property”). The Subject Property is within the City’s Urban Corridor (URB) Mixed Use zoning district; and WHEREAS, the requested Special Use is generally described within the Applicant’s application materials submitted in connection with SP19-00008 (the “Application Materials”), and the Special Use is allowed by special use permit within the URB zoning district, pursuant to City Code §34-796; and WHEREAS, the existing building at the Subject Property is proposed to be demolished/ removed to allow for establishment of the Special Use and related buildings and improvements; and WHEREAS, following a joint public hearing, duly advertised and conducted by the Planning Commission and City Council on December 10, 2019, the Commission voted to recommend that City Council should approve the requested Special Use, subject to certain development conditions recommended by the Commission as being suitable regulations and safeguards; and WHEREAS, upon consideration of the comments received during the joint public hearing; the Staff Report; and the Planning Commission’s recommendations, as well as the factors set forth within §34-157 of the City’s zoning ordinance, this Council finds and determines that granting the requested special use permit, subject to suitable regulations and safeguards, would serve the public necessity, convenience, general welfare or good zoning practice; now, therefore, BE IT RESOLVED by the Council of the City of Charlottesville, Virginia that, pursuant to City Code §34-796, a special use permit is hereby approved and granted, subject to conditions, as follows: 1. The proposed Special Use, as described and represented within the Application Materials, is hereby authorized to be established on approximately 0.801 acre (approx. 34,892 square feet) of the Subject Property, in the general or approximate location depicted below: 2. The following development conditions shall apply to the use and development of the Subject Property for the Special Use: a. An accessible pedestrian route from the public sidewalk on Emmet Street North to the primary entrance of the restaurant shall be provided. The City Engineer shall have the authority to require specific safety measures within the final site plan for the Special Use, in order to protect pedestrian traffic in this route from vehicle traffic related to the drive through window use, in accordance with accepted engineering and safety requirements. b. A pedestrian route from the internal parking area of the Barracks Road Shopping Center to the west of the Special Use Permit area to the primary entrance of the restaurant shall be provided. i. This route shall allow for safe pedestrian access across Wise Street and/or the internal vehicular travelways of Barracks Road Shopping Center. ii. Within the Special Use Permit area, this route shall be readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, to the maximum extent feasible. iii. The City Engineer shall have the authority to require specific safety measures within the final site plan for the Special Use, in order to protect pedestrian traffic in this route from vehicular traffic related to the drive- through window. iv. This condition does not require the developer to change grade or otherwise modify any existing pavement except where the existing pavement will have already been disturbed by demolition of the existing use or construction of the Special Use. c. Buildings and structures constructed or established as part of the Special Use shall be subject to the following setbacks: along the Special Use site’s primary street frontage (i.e., along Emmet Street North): Five (5) feet, minimum; ninety-two (92) feet, maximum. 3. In addition to the above-referenced conditions, the Special Use authorized by this SUP, and all buildings, structures, improvements and uses located on the Subject Property, shall comply with all other applicable provisions of Chapter 34 (Zoning) of the Code of the City of Charlottesville. 3. RESOLUTION: Fontaine Avenue Streetscape conceptual design plan (1 reading) Mr. Kyle Kling, Transportation Project Manager with the Department of Public Works, and project manager for the Fontaine Avenue Streetscape Project, introduced the item. Mr. Owen Peery, and Ms. Amy Nelson, consultants with RK&K Engineers, made the presentation. Properties affected include UVA property, businesses and some residential. Ms. Hill asked about the impacts on current infrastructure. Ms. Walker asked about the number of properties that could be impacted by imminent domain. Mr. Peery advised that few of the properties are residential. Ms. Walker advised that it would have been helpful to have information about Albemarle County’s plan. On motion by Ms. Hill, seconded by Ms. Magill, Council by the following vote APPROVED the resolution: 5-0 (Ayes: Hill, Magill, Payne, Snook, Walker; Noes: none). RESOLUTION APPROVING AN AMENDMENT TO THE CITY COMPREHENSIVE PLAN BY INCORPORATING THE FONTAINE AVENUE STREETSCAPE PROJECTS PREFERRED CONCEPTUAL DESIGN WHEREAS, on December 10, 2019, after notice given as required by law, the Charlottesville Planning Commission and Charlottesville City Council conducted a public hearing on a proposed amendment to the Comprehensive Plan for the City of Charlottesville (2013), to include the contents of the preferred conceptual design of the Fontaine Avenue Streetscape Project (“Comprehensive Plan Amendment”); and WHEREAS, on December 10, 2019, the Planning Commission adopted a resolution recommending approval by City Council of the Comprehensive Plan Amendment, and certifying a copy of the Comprehensive Plan Amendment to Council for its consideration; now, therefore, BE IT RESOLVED that, upon consideration of the Comprehensive Plan Amendment, the City Council hereby adopts the preferred conceptual design of the Fontaine Avenue Streetscape Project as an amendment to the City’s Comprehensive Plan and authorizes commencement of final design. Neighborhood Development Services staff shall post on the City’s website notice of Council’s adoption of this update, along with a copy of the approved update. 4. RESOLUTION: Special Use Permit (SUP) for Private Outdoor Recreational Facilities and Reduced Setbacks at 900-1000 1st Street S (1 reading) Ms. Carrie Rainey, City Planner with Neighborhood Development Services, presented the request. Ms. Walker advised that the process for this project, the community engagement, and the learning that has occurred has set a great standard for projects going forward. On motion by Ms. Hill, seconded by Ms. Magill, Council by the following vote APPROVED the resolution: 5-0 (Ayes: Hill, Magill, Payne, Snook, Walker; Noes: none). RESOLUTION GRANTING A SPECIAL USE PERMIT TO AUTHORIZE PRIVATE OUTDOOR RECREATIONAL FACILITIES AND REDUCED BUILDING SETBACKS WITHIN THE PROPOSED “1ST STREET SOUTH APARTMENTS” DEVELOPMENT (PHASE 2) WITHIN 7.398 ACRES OF LAND IDENTIFIED ON CITY TAX MAP 26 AS PARCEL 115 WHEREAS, landowner Charlottesville Redevelopment and Housing Authority (CRHA) through its development partner Riverbend Development Affordable Housing Group LLC (together, “Applicant”) has submitted an application seeking: (i) pursuant to City Code §34-420, approval of a special use permit (SUP) to allow certain private, outdoor recreation facilities to be established within a multifamily development to be constructed on the land identified on City Tax Map 26 as Parcel 115, having an area of consisting of approximately 7.938 acres, the project being further identified within the SUP application materials as “Phase 2 of the 1st Street South Apartments” (hereinafter, this 7.938 acre site is referred to as the “Subject Property”), and (ii) establishing uniform required yards (minimum building setbacks) of five (5) feet within the Subject Property; and WHEREAS, the Subject Property is assigned to the “R-3” (multifamily residential) zoning district classification and, pursuant to §34-420 and §34-366 of the City Code, private outdoor recreation facilities are allowed with a special use permit, and as part of its consideration of any special use permit City Council may, pursuant to §34-162(a), reduce the required yards specified by §34-353(a); and WHEREAS, in order to satisfy a portion of the requirements of City Code §34-366 for recreational areas and facilities, Applicant seeks approval of an SUP authorizing private, outdoor recreational facilities (parks, playgrounds, ball fields and ball courts, swimming pools, picnic shelters, etc.) within the Subject Property; and WHEREAS, the Planning Commission has reviewed this application as required by City Code Sec. 34-160(b), and following a joint public hearing duly advertised and conducted in accordance with law by the Planning Commission and City Council on December 10, 2019, the Planning Commission voted to recommend that Council should approve the requested SUP, and that Council should also reduce the required yards specified by City Code §34-353(a), all subject to suitable regulations and safeguards; and WHEREAS, upon consideration of the Planning Commission’s recommendation, the Staff report, comments received at the public hearing, and the factors set forth within Sec. 34- 157 of the City’s Zoning Ordinance, this Council finds and determines that granting the requested special use permit, subject to suitable conditions, would serve the public necessity, convenience, general welfare or good zoning practice; now, therefore, BE IT RESOLVED by the Council of the City of Charlottesville, Virginia that a special use permit (SUP) is hereby approved, subject to all of the following: a. This SUP shall be applicable to the use and development of the 7.938 acre site currently identified on 2019 City Tax Map 26 as Parcel 115 (Real Estate Parcel Identification No. 260115000)(“Subject Property”); b. “Private outdoor recreational facilities” (parks, playgrounds, ball fields and ball courts, swimming pools, picnic shelters, etc.) are hereby authorized to be established within the Subject Property, subject to the requirements of this SUP, the requirements of City Code Sec. 34-366, and any other applicable requirements of state or local law; c. All outdoor lighting fixtures within any outdoor recreation areas shall be full cut-off luminaires; d. Within the Subject Property, the requirements of City Code §34-353(a), as to required yards, are modified as follows: the minimum required front, side and rear yards shall be five (5) feet for all buildings and structures; e. No land disturbing activity or construction shall be commenced within the Subject Property until all of the following have occurred: (i) approval by City Council of a critical slope waiver for development within the Subject Property; (ii) approval of a final site plan and related bonds for development within the Subject Property; and (iii) all permits and approvals required by applicable state and local codes have been issued or granted, including, without limitation, permits and approvals required by City Code chapters 10, 29, and 34. 5. RESOLUTION: Critical Slope Waiver Request at 900-1000 1st Street S (1 reading) Ms. Carrie Rainey, City Planner with Neighborhood Development Services, presented the request. On motion by Ms. Hill, seconded by Ms. Magill, Council by the following vote APPROVED the resolution: 5-0 (Ayes: Hill, Magill, Payne, Snook, Walker; Noes: none). RESOLUTION APPROVING A REQUEST FOR WAIVER OF CRITICAL SLOPES PROVISIONS PURSUANT TO CITY CODE SECTION 34- 1120(B)(6) FOR 900-1000 FIRST STREET SOUTH (CRHA) WHEREAS, Charlottesville Redevelopment and Housing Authority (CRHA), owner of property designated on City Tax Map 26 as Parcel 115, addressed as 900-1000 First Street South (the "Subject Property"), through its development partner Riverbend Development Affordable Housing Group LLC (together, “Applicant”), seeks a waiver of the critical slopes requirements of City Code Sec. 34-1120(b) to allow for construction of multi-family dwelling dwellings, parking lots, and related improvements on the Subject Property (the “Project”); and WHEREAS, the Planning Commission considered this request at its regular meeting on December 10, 2019, and recommended approval of the request for a waiver of the critical slopes requirements as requested within the Application, pursuant to City Code Sec. 34- 1120(b), subject to certain conditions; and WHEREAS, upon consideration of the information, materials and specific request provided by the Applicant, and the recommendation of the Planning Commission, the City Council finds and determines pursuant to City Code Sec. 34- l 120(b)(6)(d) that the public benefits of allowing disturbance of the critical slopes in connection with the Project outweigh the public benefits of requiring critical slope areas to remain undisturbed; now, therefore, BE IT RESOLVED by the Council for the City of Charlottesville, Virginia that the Applicant’s request for a waiver of the critical slopes requirements for the above- described Project is hereby granted, subject to the following conditions: 1. Landowner shall satisfy all state law and local erosion and sediment control requirements; however, in addition, landowner shall provide erosion and sediment control measures that exceed minimum requirements of state law, in order to mitigate potential impacts to undisturbed critical slopes areas, per Section 34-1120(b)(1)(a) – (c), including, but not limited to: a. Silt fence with wire reinforcement and six (6) feet stake spacing; and b. other measures in excess of minimum state law requirements, as may be determined by the City Engineer to be necessary to protect Pollocks Branch from sedimentation. 2. The approved encroachment boundaries are those generally depicted within the Application materials—an area containing approximately 1.01 acres. The critical slope area outside of the approved encroachment boundaries shall be clearly marked in the field, and the approved stormwater management plan and construction plan shall each include a note requiring such limits of disturbed area to remain as established for the duration of construction and land disturbing activities. 3. In addition to state law and local requirements for stabilization of disturbed land areas, final stabilization of the critical slopes areas disturbed shall be permanent measures to include replanting of native tree and shrub species for restabilization of the critical slopes and potential wildlife habitat. 4. Prior to commencing any land disturbing activity within the Project site, Landowner shall install a fixed, immoveable barrier to protect root zones of each existing tree, at the drip line, for trees that have been identified within the approved final site plan as trees to be preserved, consistent with City Code Sec. 34-866(a).This root protection barrier shall remain in place until final completion of all construction. 6. RESOLUTION: Extension of FY 20 Charlottesville Affordable Housing Fund Allocation to Virginia Supportive Housing for the development of the Crossing II (1 reading) Mr. John Sales, Housing Program Coordinator, presented the extension request. He advised that Virginia Supportive Housing and the Charlottesville Redevelopment and Housing Authority (CRHA) were not able to come to an agreement by the original deadline of December 31, 2019. Ms. Hill asked for notification should the project not follow through so that funds may be reallocated. Mr. Payne asked about a timeline. Ms. Julie Anderson with Virginia Supportive Housing advised that she has not seen a Request for Proposal (RFP) from CRHA. She said that the information would be known before March in order to inform Council. On motion by Ms. Hill, seconded by Mr. Snook, Council by the following vote APPROVED the resolution: 5-0 (Ayes: Hill, Magill, Payne, Snook, Walker; Noes: none). RESOLUTION Extension of FY 20 Charlottesville Affordable Housing Fund Allocation to Virginia Supportive Housing for the development of the Crossing II WHEREAS, the City of Charlottesville allocated $750,000 of the Charlottesville Affordable Housing Fund to Virginia Supportive Housing for the purpose of developing a supportive housing community on the Avon/Levy property owned by the Charlottesville Redevelopment and Housing Authority (CRHA) located within the City of Charlottesville; and WHEREAS, between October 7, 2019 and December 31, 2019, Virginia Supportive Housing was required to have a voucher commitment in place from CRHA and/or other voucher administering agencies before receiving any funding. NOW, THERFORE, BE IT RESOLVED by the Council of the City of Charlottesville, Virginia, that the voucher commitment contingency date for the Virginia Supportive Housing project The Crossings II is extended through March 15, 2020 or before VSH’s deadline for submission for Low Income Housing Tax Credits, whichever occurs sooner. 7. RESOLUTION: City Council Regular Meeting Schedule for 2020 (1 reading) Mr. John Blair, City Attorney, presented the item. Ms. Hill proposed skipping the July 6th meeting. Other Councilors concurred. On motion by Ms. Hill, seconded by Mr. Snook, Council by the following vote APPROVED the resolution, as amended: 5-0 (Ayes: Hill, Magill, Payne, Snook, Walker; Noes: none). RESOLUTION Approval of City Council Regular Meeting Schedule for 2020 BE IT RESOLVED by the Council of the City of Charlottesville, Virginia that the following dates are approved for regularly scheduled Council meetings for 2020: Monday, January 6, 2020 July 6, 2020 - No meeting (Summer break) Tuesday, January 21, 2020 July 20, 2020 February 3, 2020 August 3, 2020 Tuesday, February 18, 2020 August 17, 2020 March 2, 2020 Tuesday, September 8, 2020 March 16, 2020 September 21, 2020 April 6, 2020 October 5, 2020 April 20, 2020 October 19, 2020 May 4, 2020 November 2, 2020 May 18, 2020 November 16, 2020 June 1, 2020 December 7, 2020 June 15, 2020 December 21, 2020 Italics indicate an adjusted date due to a holiday. BE IT FURTHER RESOLVED that these dates will be published on the City’s calendar at www.charlottesville.org and posted at the Clerk of Council’s office; and BE IT FURTHER RESOLVED that should Council desire to amend the schedule during the year, they may do so with a majority vote; should such a change occur, it will be publicized with a City press release, updated on the City’s calendar, and posted at the Clerk of Council’s office. 8. RESOLUTION: Opposing Military Intervention in Iran and Supporting Senator Kaine’s Resolution Directing the Removal of United States Armed Forces from Hostilities Against Iran Without Congressional Authorization This item was added to the agenda. City Attorney John Blair presented the resolution. After a motion from Ms. Magill, seconded by Mr. Payne, Mr. Snook made comments guarding against City Council making resolutions suggesting that others take action. He advised of the need to pass resolutions for Council action. Ms. Hill agreed. Both advised that they would abstain. Mr. Payne made comments about the gravity of actions referenced in the Resolution. By the following vote, Council APPROVED the resolution: 3-0-2 (Ayes: Magill, Payne, Walker; Noes: none; Abstentions: Hill, Snook) RESOLUTION OPPOSING MILITARY INTERVENTION IN IRAN AND SUPPORTING SENATOR KAINE’S RESOLUTION DIRECTING THE REMOVAL OF UNITED STATES ARMED FORCES FROM HOSTILITIES AGAINST IRAN WITHOUT CONGRESSIONAL AUTHORIZATION WHEREAS, the Charlottesville City Council adopted a resolution on January 17, 2012 requesting the United States Congress refrain from entering new military ventures in Iran; and WHEREAS, on January 3, 2020, Iranian General Qasem Soleimani died as a result of a United States military action; and WHEREAS, on January 3, 2020, United States Senator Timothy M. Kaine introduced a Senate Joint Resolution to direct the removal of United States Armed Forces from hostilities against the Islamic Republic of Iran that have not been authorized by Congress. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Charlottesville that it requests the United States Congress to refrain from entering new military ventures in Iran and to adopt the Senate Joint Resolution introduced by Senator Timothy M. Kaine. OTHER BUSINESS 1) Mr. Blair introduced a resolution regarding legislation introduced by Delegate Sally Hudson in the Virginia House of Delegates and Senator Creigh Deeds in the Virginia Senate. On motion by Ms. Magill, seconded by Mr. Payne, Council by the following vote APPROVED the resolution: 5-0 (Ayes: Hill, Magill, Payne, Snook, Walker; Noes: none). RESOLUTION IN SUPPORT OF LEGISLATION PATRONED BY DELEGATE HUDSON AND SENATOR DEEDS WHEREAS, the statue of Robert E. Lee in the City of Charlottesville's Market Street Park was the site of a violent white supremacist demonstration on August 12, 2017; and WHEREAS, the City of Charlottesville desires to remove the statue of Robert E. Lee from Market Street Park and the statue of Thomas J. Jackson from Court Square Park; and WHEREAS, Delegate Sally L. Hudson and Senator R. Creigh Deeds will patron bills in the Virginia House of Delegates and Virginia Senate to provide Virginia cities, counties, and towns with plenary authority to remove Confederate statuary from public parks; and WHEREAS, the City of Charlottesville's 2020 Legislative Position Statement urges the Virginia General Assembly to amend Virginia Code Section 15.2-1812 to remove references to Confederate monuments and memorials. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Charlottesville, Virginia the legislation patroned by Delegate Hudson and Senator Deeds; and BE IT FURTHER RESOLVED that a copy of this Resolution shall be provided to Delegate Kaye Kory, the Chair of the House of Delegates' Counties, Cities and Towns Committee and to Senator Lynwood W. Lewis, Jr., the Chair of the Senate's Local Government Committee. 2) Ms. Hill asked about having a facilitator for the Council Retreat and Strategic Planning Retreat. Councilors agreed that a facilitator would be used for the Strategic Planning meeting for two consecutive days in February. MATTERS BY THE PUBLIC Ms. Walker opened the floor for public comment. Mr. Brad Slocum spoke about safe crossings for Fontaine Avenue and about landscaping. He spoke about how passing local resolutions can impact other localities. With no other public comment, Ms. Walker adjourned the meeting at 9:26 p.m. BY Order of City Council BY Kyna Thomas, Clerk of Council