A log of Charlottesville City Council Meetings 2008-2015. Transported from the City of Charlottesville website as a project of Smart Cville, http://www.smartcville.com.

SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL

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NOTICE OF SPECIAL MEETING
A SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL WILL BE HELD
ON Monday, November 3, 2014, AT 6:00 p.m. IN THE Second Floor Conference Room.
THE PROPOSED AGENDA IS AS FOLLOWS:
Closed session as provided by Section 2.2-3712 of the Virginia Code
BY ORDER OF THE MAYOR BY Paige Rice
SECOND FLOOR CONFERENCE ROOM – November 3, 2014
Council met in special session on this date with the following members present:
Ms. Smith, Ms. Galvin, Mr. Huja, Ms. Szakos, Mr. Fenwick.
On motion by Ms. Szakos, seconded by Ms. Smith, Council voted, (Ayes: Mr. Huja, Ms.
Galvin, Mr. Fenwick, Ms. Szakos, Ms. Smith; Noes: None), to meet in closed session for (1)
Discussion and consideration of prospective candidates for appointment to City boards and
commissions, and discussion of the City Manager’s annual performance evaluation, as
authorized by Va. Code sec. 2.2-3711 (A) (1); and, (2) Discussion and consideration of the
acquisition of a parcel of real property on Old Lynchburg Road near Azalea Park and three
parcels on the east side of River Road, all for public park or trail purposes, where discussion in
an open meeting would adversely affect the City’s bargaining position or negotiating strategy, as
authorized by Va. Code sec. 2.2-3711 (A) (3).
On motion by Ms. Szakos, seconded by Ms. Smith, Council certified by the following
vote (Ayes: Ms. Galvin, Mr. Fenwick, Ms. Smith, Ms. Szakos, Mr. Huja; Noes: None), 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.
COUNCIL CHAMBERS – November 3, 2014
CALL TO ORDER
Council met on this date with the following members present: Ms. Smith, Ms. Galvin,
Mr. Huja, Ms. Szakos, Mr. Fenwick.
AWARDS/RECOGNITIONS & ANNOUNCEMENTS
Ms. Smith invited Ms. Sarah Blech to present the VSA Poetry Book. Ms. Blech thanked
Council for their support of individuals in the community with disabilities. She invited
Councilors to the VSA Show in March.
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Mr. Huja announced that tomorrow is Election Day and encouraged residents to vote. City
buses will be free for the day.
Ms. Szakos announced that Jill Rinehart, who was the first women elected to the
Charlottesville City Council, passed away a few weeks ago. A service is planned this Friday at
4:00 p.m. in the Rotunda Room at Westminster-Canterbury of the Blue Ridge.
Ms. Szakos announced a rededication of the Free State Cemetery at 2:00 p.m. this Saturday
at Covenant Church on Rio Road.
Mr. Fenwick announced an indoor flea market at Carver Recreation Center on Saturday,
November 8 from 8am-1pm. Admission is free. He also thanked the women of the Tri Delta
sorority for coming to help clean up the Downtown Mall this past weekend. He said the
Charlottesville Cardinals wheelchair basketball team is having a good season and congratulated
them.
Ms. Smith announced the Human Rights Commission community-wide forum on Saturday,
November 15 at Buford Middle School from 12-3pm. Please call 970-3115 to RSVP for
childcare or food.
Ms. Galvin announced the City is looking for a tree donation for the Grand Illumination
ceremony on November 28 at Central Place on the Downtown Mall. Please call Tim Hughes at
970-3587 if you are interested in donating a tree.
On motion by Ms. Smith, seconded by Mr. Fenwick, Harry Holsinger was appointed to the
Belmont Bridge Steering Committee as the Martha Jefferson neighborhood representative.
(Ayes: Ms. Smith, Mr. Fenwick, Mr. Huja, Ms. Szakos, Ms. Galvin; Noes: None.) A Ridge
Street representative and a business representative are still needed for the committee.
Mr. Huja announced the Veteran's Day celebration on November 11. Ms. Szakos also
announced that a tour of Maplewood Cemetery is being offered by the Historical Society on
Saturday at 2:00 p.m.
Ms. Szakos announced the Healthcare Job Summit from 8am-12pm at the carver
Recreation Center on Thursday, November 13.
MATTERS BY THE PUBLIC
Ms. Barbara Cruickshank, 324 Parkway St., a retired nurse from UVA, spoke in support of
a non-chemical approach to maintaining school grounds and athletics fields City-wide.
Ms. Cynthia Schroder, 127 Harvest Dr., owner of Spring Street Boutique, said the
Downtown Mall is in danger of losing business to giant corporations and urged Council to
support a BID for the Downtown Mall.
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Ms. Lena Seville, 808 Altavista Ave., said she is here to speak about civic participation.
She has been to public outreach meetings that do not have sign-up sheets or comment cards so
that staff can follow up with participants as a project progresses. A new call center will not
address big picture items. She said the NLI class requested questions from the students, and no
answers or responses were ever received by the class leaders, who were the same two staff
members who proposed the civic engagement solutions at the last Council meeting.
Mr. Louis Shultz, 1809 E. Market St., said most of Mr. Fenwick's criticism of the Council
in the past fits him since he has taken office. This is the 26th time he has come to Council
accusing staff of violating City code and civil rights statues. He said the scandal in the Registrar's
Office is still unresolved the night before elections, and things will only get worse.
Ms. Nancy Carpenter, 727 Denali Way, said there are new statistics coming out of HUD
that the push for housing is making a difference in this country. There has been a drop in
veterans' homelessness and the chronically homeless. On Saturday from 10am-1pm, Veterans
for Peace will have the Eyes Wide Open display at the Free Speech wall on the Downtown Mall.
Mr. Peter Kleeman, 407 Hedge St., said Council Response to Matters by the Public should
also follow the second Matters by the Public at the end of the meeting. He said this would give
people an opportunity to speak on actions taken by Council and allow time for a change before
the meeting is closed.
COUNCIL RESPONSE
Ms. Smith said we will discuss pesticides as our next meeting. She said Ms. Seville has
good points about citizen feedback, and we will continue working on this. Ms. Smith said we
should add Council Response to the written agenda; Ms. Szakos said we do this in practice.
Mr. Fenwick said it is important to have a healthy Downtown Mall. He thanked Ms.
Seville for her strides in civic participation and encouraged her to keep it up. He thanked Ms.
Carpenter for her good work.
Ms. Szakos said the report on the 311 system was only a portion of the work we are doing
on civic engagement. She thanked Ms. Carpenter for her work and said she hopes she is also
attending the Board of Supervisors' meetings because this is a regional issue. She encouraged
residents to attend the Eyes Wide Open display.
Ms. Galvin said it is important to start putting all the civic engagement fragments we have
been presented over the last year and a half into a comprehensive approach. We need to have a
toolkit with many approaches and techniques so that there is a consistent policy for engagement
and communication amongst the departments.
Mr. Huja said Council Response is in practice solicited after the second Matters by the
Public, but we will add this officially to the agenda.
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CONSENT AGENDA
a. Minutes for October 20
b. APPROPRIATION: FAMIS Case Transfer from State to City of Charlottesville -
$29,051.94 (2nd reading)
FAMIS Case Transfer
WHEREAS, The Charlottesville Department of Social Services has received additional
funding in the amount of $29,051.94 due to F.A.M.I.S. (Family Access to Medical Insurance
Security) cases being returned to the locality.
NOW, THEREFORE BE IT RESOLVED by the Council of the City of Charlottesville,
Virginia, that the sum of $29,051.94 is hereby appropriated in the following manner:
Revenue – $29,051.94
Fund: 212 Cost Center: 9900000000 G/L Account: 430080
Expenditures - $29,051.94
Fund: 212 Cost Center: 3301005000 G/L Account: 510060 Amount: $23,255.94
Fund: 212 Cost Center: 3301009000 G/L Account: 510010 Amount: $ 5,796.00
================
Total: $29,051.94
c. APPROPRIATION: Additional State Funds to Provide Respite Care to Families
Receiving Foster Care Prevention Services - $7,104 (2nd reading)
Respite Care Funds
WHEREAS, The Charlottesville Department of Social Services has received funding in the
amount of $7,104 to provide respite care to families receiving foster care prevention services.
NOW, THEREFORE BE IT RESOLVED by the Council of the City of
Charlottesville, Virginia, that the sum of $7,104 is hereby appropriated in the following manner:
Revenue – $7,104
Fund: 212 Cost Center: 9900000000 G/L Account: 430080
Expenditures - $7,104
Fund: 212 Cost Center: 3343004000 G/L Account: 540060
d. APPROPRIATION: Charlottesville Area Transit Fund Supplemental
Appropriation for F.Y.2015 of Operations & Capital Funding - $719,604 (2nd
reading)
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Charlottesville Area Transit Fund Supplemental Appropriation for F.Y.2015
WHEREAS, Federal Operating funds of $1,653,010 for C.A.T. Operations, $498,795 for
Job Access Reverse Commute and, and State Operating funds of $1,528,039 have been awarded,
yielding a net budget increase of $445,093 in C.A.T. Operating budget; and
WHEREAS, Federal Capital Funds of $646,251 is less than budgeted and State Capital
Funds of $129,250 is greater than budgeted, resulting in a net C.A.T. Capital budget decrease of
$218,857;
WHEREAS, Federal Assistance of $493,548 for JAUNT Para-transit programs have been
awarded to be passed-through to JAUNT; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
Charlottesville, Virginia that the following is hereby appropriated in the following manner,
contingent upon receipt of the grant funds:
Revenue (Operating)
$174,203 Fund: 245 Cost Center: 2801003000 G/L: 430080 State Assistance
($228,085) Fund: 245 Cost Center: 2801003000 G/L: 431110 Federal Grant
$498,795 Fund: 245 Cost Center: 2801003000 G/L: 431505 JARC Grant
Expenditures (Operating
$444,913 Fund: 245 Cost Center: 2801003000 G/L: 519999 Lump Sum
Revenue (Capital)
$87,072 Fund: 245 Cost Center: 2804001000 G/L: 430110 State Grants
($305,929) Fund: 245 Cost Center: 2804001000 G/L: 431110 Fed Grants
Expenditures (Capital)
($218,857) Fund: 245 Cost Center: 2804001000 G/L: 541040 Cap. Direct
Revenue
$493,548 Fund: 245 Cost Center: 2821002000 G/L: 431010 Fed. Assist.
Expenditures
$493,548 Fund: 245 Cost Center: 2821002000 G/L: 540365 Pymt to JAUNT
BE IT FURTHER RESOLVED, that this appropriation is conditioned upon the receipt of
$1,657,289 from the Virginia Department of Rail and Public Transportation and $3,291,604 from
the Federal Transportation Authority.
e. APPROPRIATION: Fiscal Year 2015 Fire Programs Aid to Locality Funding
(Firefund) Appropriation - $130,568 (carried)
FY2015 Fire Programs Aid to Locality Funding (Firefund)
f. APPROPRIATION: Runaway Emergency Shelter Program Grant - $222,222
(carried)
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Runaway Emergency Shelter Program Grant
g. RESOLUTION: Special Use Permit (SUP) - 708 Page St.
SUP - 708 Page St.
WHEREAS, the City of Charlottesville, through its Housing Coordinator (“Applicant”) has
submitted application No. SP-14-08-07 (“Application”) seeking approval of a special use permit
for property owned by the City and located at 708 Page Street, identified on City Tax Map 31 as
Parcel 293 (“Subject Property”). The Subject Property consists of approximately 0.17 acre. The
special use permit seeks authorization to use the Subject Property for a municipal/ government
office; and
WHEREAS, the Subject Property is zoned “R-3” (R-3 medium-density multifamily residential),
and pursuant to §34-420, City Council may authorize the use of the Subject Property for
municipal/ government offices by approval of a special use permit; and
WHEREAS, following a joint public hearing before the Planning Commission and City Council,
duly advertised and held on October 14, 2014, the Planning Commission reviewed this
application and recommended its approval by City Council, subject to certain conditions; and
WHEREAS, this City Council finds that the proposed special use permit will serve the interests
of the public necessity, convenience, general welfare or good zoning practice, and will conform
to the criteria generally applicable to special permits as set forth within §§ 34-156 et seq. of the
City Code; now, therefore
BE IT RESOLVED by the City Council of the City of Charlottesville, Virginia that a special
use permit is hereby approved, to authorize the use of the Subject Property for municipal/
government offices; provided, however, that this special use permit shall be subject to the
following conditions:
(1) Use limited to existing building: the municipal/ government offices shall be located within
the existing building that is located on the Subject Property as of the date of special use permit
approval.
(2) On-site parking limitation: No alteration or expansion of the existing building located on the
Subject Property, no new construction, and no use of any existing building on the Subject
Property, shall be permitted if any such alteration, expansion, construction or use would require
more than four (4) parking spaces to be located on the Subject Property.
h. RESOLUTION: Sidewalk Waiver Request for 784 & 786 Prospect Ave. (1st of 1
reading) pulled
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i. RESOLUTION: City - CEDA Agreement for Downtown Business Association
Funding
City - CEDA Agreement for Downtown Business Association Funding
BE IT RESOLVED by the Council for the City of Charlottesville, Virginia, that the City
Manager, or his designee, is hereby authorized to sign the following document, in form approved
by the City Attorney.
Agreement between the City of Charlottesville and the Economic Development
Authority of the City of Charlottesville, Virginia (CEDA) authorizing funding
for a CEDA loan to the Downtown Business Association of Charlottesville
(DBAC) for employment of a consultant to assist in the development of a
business district service plan for the Downtown area.
j. ORDINANCE: Franklin Street - No Through Truck Designation, Market Street to
Nassau Street (carried)
Franklin Street - No Through Truck Designation
Ms. Szakos said she asked staff for a more coherent definition of "trucks" regarding item j.
Ms. Smith requested that item h be removed for discussion.
Mr. Fenwick said regarding item g, it is his understanding that the air handler has been
moved above flood level. He said the compressor should also be moved.
Ms. Smith said regarding item g, there was a suggestion at the Planning Commission that
an SUP was not actually needed for the City of Promise use. Mr. Brown said the zoning does
not change, but instead this grants permission for a government-operated entity, which is only
permitted under an SUP.
On motion by Ms. Szakos, seconded by Mr. Fenwick, the consent agenda passed, less item
h. (Ayes: Ms. Smith, Mr. Fenwick, Mr. Huja, Ms. Szakos, Ms. Galvin; Noes: None.)
PUBLIC HEARING / ORDINANCE: Abandonment of Sanitary Sewer Easement
near Valley Road (carried)
Abandonment of Sanitary Sewer Easement near Valley Road
Mr. Brown presented the ordinance, which is the last formality for the South Lawn project.
This involves abandonment of a sanitary sewer easement.
On motion, the public hearing was opened. Having no speakers, the public hearing was
closed.
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On motion by Ms. Smith, seconded by Ms. Szakos, the motion carried.
RESOLUTION: Off Budget Request for Funds - Charlottesville Redevelopment
and Housing Authority (CRHA) and Adult Learning Center Workplace Skills
Training Program - $10,000
Off Budget Request CRHA and Adult Learning Center Workplace Skills Training Program
Mr. Jones presented to Council on the budget request. This is not a GED program, but it
prepares participants for a GED program and a pathway to further education.
Mr. Huja said he plans to support this request because it is a good path to self-sufficiency.
Ms. Szakos asked if this only applies to people living in public housing units, or does it
also apply to people who have vouchers through the CRHA. Mr. Ellis said this applies to both.
Ms. Smith asked why funds are coming from this particular account. Ms. Galvin said this is
a different type of program than PIVA, for example. You cannot participate in that program
unless you have your GED, and this serves to ready a population for these types of opportunities.
Ms. Szakos said this is a response to a Council priority.
Ms. Smith asked if this program is specifically for people who do not have a GED. Ms.
Susan Erno, Charlottesville City Schools Adult Learning Center, said that is correct, and this is a
realistic program where people can be successful and are prepared to move to the next step.
Ms. Smith asked what the measure of success will be. Ms. Erno reviewed the outcomes listed in
the report materials. Ms. Smith said it would be nice to know if this ultimately helps folks get
their GED.
Ms. Szakos said how we track folks after they get their GED. Ms. Erno said this program
will be a cohort program with an application process. A small number of participants will make
it relatively easy to follow the participants. Ms. Smith said we need to learn how people get to
the point of not having these skills.
Ms. Szakos asked for clarification on how we will do the prorated payments as outlined in
the memo. Council agreed to edit the resolution to say "hereby allocated" instead of "hereby
paid". On motion by Ms. Szakos, seconded by Ms. Smith, the resolution passed. (Ayes: Ms.
Smith, Mr. Fenwick, Mr. Huja, Ms. Szakos, Ms. Galvin; Noes: None.)
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Charlottesville, Virginia that the sum of up to $10,000, as outlined under Recommendations, is
hereby allocated from currently appropriated funds in the Council Priority Initiatives account in
the General Fund to the Adult Learning Center:
$10,000 Fund: 105 Cost Center: 10110010000
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BE IT FURTHER RESOLVED, that release of any funds is contingent upon the
conditions being met by the applicant as outlined in the Recommendations section of the Council
agenda memo.
RESOLUTION: Board Attendance Requirements
Mr. Brown presented the proposed resolution to Council, which pertains to attendance by
City Council appointees to City boards and commissions. Alternatively, Council may direct
Boards and Commissions to draft and enforce their own attendance policies.
Board Attendance Requirements
Mr. Fenwick said he has been pushing to have this on the agenda, and he generally
approves of it. We should add the word "reasonable" to cover sicknesses, births, etc.
Ms. Smith said it was not clear weather extra meetings and subcommittee meetings count.
Mr. Brown said as drafted, it would apply to any meeting.
Mr. Huja requested adding task forces to the language in paragraph one. He said it is a
good to have an escape clause; this is not intended to be automatic.
Ms. Smith said for groups that meet quarterly, missing four meetings would constitute an
entire year.
Ms. Szakos said this has flexibility, and she appreciates that. She said if boards want to
adopt different policies, they should be able to petition Council.
On motion by Ms. Galvin, seconded by Mr. Fenwick, the resolution passed with the
addition of the words "task force" to paragraph one. (Ayes: Ms. Smith, Mr. Fenwick, Mr. Huja,
Ms. Szakos, Ms. Galvin; Noes: None.)
Mr. Huja said he hopes this reiterates the importance of attending meetings if you are
appointed to a Board or Commission.
WHEREAS, the City Council makes a number of appointments to boards and
commissions required by law, and to other boards, committees, task forces and commissions
established by the Council for the purpose of performing certain delegated functions or advising
the City Council on matters of concern to the City; and,
WHEREAS, when City Council makes appointments it is with the expectation that the
appointee is willing and able to attend meetings and to devote the necessary time to be a full and
meaningful participant on the board; and,
WHEREAS, Virginia law provides that members of a Planning Commission or
Economic Development Authority may be removed from office by the local governing body if
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the commissioner or board member is absent from any three consecutive meetings, or any four
meetings within any twelve month period; and,
WHEREAS, the members of City advisory boards, committees, task forces and
commissions are appointed to serve at the pleasure of the City Council, yet there is no
established City policy requiring regular attendance at meetings of the respective boards; and,
WHEREAS, it will be in the best interests of the respective boards, committees, task
forces and commissions and their members, as well as the public, to have established rules
regarding attendance at meetings of the board.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
Charlottesville, Virginia that:
(1) Effective upon the passage of this Resolution, it shall be the policy of the City Council
that a City Council-appointed member of any City board, committee, task force or commission
shall be subject to removal from office if he or she is absent from any three consecutive
meetings, or any four meetings within any twelve month period.
(2) In the event that any board, committee, task force or commission member fails to meet
the meeting attendance requirements as stated in this policy, the chair or presiding officer of the
board, committee, task force or commission in question shall notify the Mayor of the absences.
(3) Upon the receipt of information indicating a failure to meet the meeting attendance
expectations set forth in this policy, City Council will provide notice to the board member in
question and provide an opportunity to respond to the concerns regarding meeting attendance.
The City Council may thereafter, in its discretion, remove the member from office. Any City
Council consideration or discussion regarding the removal of a City Council appointee from
office may take place during a duly convened closed session of City Council.
(4) This Resolution shall only apply to City Council appointees to boards, committees, task
forces and commissions. It shall not apply to the removal of any person from office when
removal is provided for and governed by state law.
(5) The Clerk of City Council is directed to provide a copy of this Resolution to all affected
City boards, committees, task forces and commissions.
RESOLUTION: Code Audit: Streets That Work Process
Code Audit: Streets That Work Process
Mr. Tolbert presented to Council. Ms. Riddervold is heading up the green infrastructure
portion of the plan, including the Water Resources Master Plan, and they are involved in the
other efforts to ensure ongoing coordination. Also, the Toole technical memo is forthcoming
within the next 30 days. Also, staff will have the advisory committee review the RFP before it is
distributed.
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Mr. Huja said this is a major undertaking, and you need to decide what you are trying to
achieve. The comprehensive plan should serve as a guide. He said the transect and heat maps
may not be necessary. We also need to have some developers on the committee. We are making
this more complex then we need to. He said he wonders if all this effort will be worth it in the
end.
Mr. Fenwick said this is a major undertaking. He said we should pull old plans off the shelf
to see what is of value and can be used so we do not duplicate previous efforts. He asked how to
access to the City codes, etc. Mr. Tolbert said you can search the City code online. The design
standards are linked through the NDS webpage.
Ms. Galvin thanked Mr. Tolbert for clarifying that the Streets That Work plan is the same
as the Multimodal Plan. She said she is concerned that we have not seen what Toole has
provided and is nervous to vote on dispersing an additional $100,000 before seeing the first
products. She asked her fellow Councilors to remember that the criteria of the February 3, 2014
resolution was adopted, and this is moving forward.
Ms. Szakos said we have already agreed to do this in principle, and we have to follow
through. She does not think it makes sense to have a Tree Commissioner on the core group. Mr.
Tolbert said this would be to address where and how you plant street trees, which is something
they have been studying. She suggested requesting four at-large citizens for the committee,
including at least one developer.
Ms. Smith said she appreciated the emphasis on neighborhoods and getting input, but we
have a lot of input right now, and there is a point where more input is not going to help us. It is
most important to go back to the public when we have products. She said she supports bringing
in experts like Donald Shute to do a parking study. Mr. Tolbert said parking management is a
huge policy issue. Ms. Smith said it is important to manage, rather than provide.
Ms. Smith said the Advisory Committee is supposed to advise, but they appear to be
making decisions given their proposed scope of responsibility. Also, any advisory committee to
Council should not have Councilors on it. She asked that Councilors be given the RFP.
Mr. Fenwick said there should be a business person on the advisory committee as well and
agreed a Councilor should not be on the committee. He said he has heard that public input
always comes at the end after decisions have already been made. Input needs to happen early on
in the stages of these projects. He would like to see staff do as much work as they can before
spending money on consultants. Mr. Tolbert said we need some assistance to complete this in a
reasonable time line.
Ms. Szakos asked to pass the resolution except for the actual allocation of $100,000 and
come back for that portion of the resolution after the committee has done some work.
Ms. Galvin said there is unfinished business about the regulatory code audit work, and she
would like the rest of Council to weigh in on this. Now that we have a toolkit from Ian
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Lockwood about how to calm streets, that is what we need to do on a detailed, holistic basis with
public input.
Ms. Szakos said we do not want this to become a process of responding to the squeakiest
wheels. She suggested reviewing notes from the Town Hall meetings and citizen feedback to
identify problem areas.
Ms. Smith if Ian Lockwood is making a special video, they should be specific to the
neighborhoods about traffic calming.
Mr. Fenwick clarified a code audit means zoning code, and not building code.
Ms. Szakos moved to approve the process and wait until after the appointment of a
committee and the beginning of the RFP process to determine the amount. Ms. Smith asked if
we could specify that we are using the process outlined in the Code Audit/Streets That Work
draft timeline methodology dated 11-3-14. Ms. Smith seconded the motion. (Ayes: Ms. Smith,
Mr. Fenwick, Mr. Huja, Ms. Szakos, Ms. Galvin; Noes: None.)
Ms. Galvin asked when we will come back to discuss funding. Mr. Tolbert said we will
aim for December.
RESOLUTION: Sidewalk Waiver Request for 784 & 786 Prospect Ave.
Sidewalk Waiver Request for 784 & 786 Prospect Ave.
Ms. Smith said she does not understand why a sidewalk was not recommended.
Mr. Matt Alfele, Planner for NDS, presented to Council on the sidewalk waiver request at
784 & 786 Prospect by Mr. Don Franco. The waiver is recommended because the way the
parcel lines up, the sidewalk installed would not be aligned with existing sidewalks and would
not create connectivity for pedestrians. Instead they have been asked to donate right-of-way so
that when a future sidewalk goes in, it will create connectivity.
Mr. Tolbert said this is a simple section of sidewalk to build if we are granted the right-ofway.
Survey costs would be covered by the owner. Ms. Szakos moved to allocate $6,000 from
the CIP contingency fund to build the sidewalk now and grant the waiver. Ms. Smith said she
would not support that motion. Ms. Galvin said staff’s recommendation is a better solution rather
than installing a sidewalk now. Mr. Tolbert said staff believes we should get the right-of-way
and build the sidewalk in line.
Ms. Szakos moved to accept the right-of-way contribution and grant the waiver, and
construct the sidewalk with all deliberate speed. Mr. Tolbert said a sidewalk would be installed
after the houses were built. Ms. Galvin seconded the motion. The resolution passed. (Ayes: Mr.
Huja, Ms. Szakos, Ms. Galvin; Noes: Mr. Fenwick, Ms. Smith.). Ms. Szakos clarified that all
conditions of the waiver will stand.
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WHEREAS, application has been made for a waiver of the requirement under City Code
Section 34-1124(b) for the construction of a sidewalk at 784 and 786 Prospect Avenue, where
duplex dwelling is planned for construction on an unimproved lot; and
WHEREAS, City staff has submitted to Council comments and recommendations regarding the
sidewalk waiver request, and Council has reviewed the staff recommendations and the
information and materials submitted with the application; now, therefore;
BE IT RESOLVED by the Council for the city of Charlottesville, Virginia that the sidewalk
waiver request for 784 and 786 Prospect Avenue is hereby approved, based upon the following
findings:
1. There is currently an existing sidewalk on the other side of Prospect Avenue, and
construction of a sidewalk in front of 784 and 786 Prospect Avenue may impact the
driveway on the adjacent lot; and
2. There are no sidewalk connections on either side of the subject lot, and the Streets That
Work initiative may indicate a more efficient sidewalk placement other than directly in
front of the subject lot.
BE IT FURTHER RESOLVED that approval of this sidewalk waiver is conditioned upon the
following:
1. Applicant shall dedicate additional right of way along Prospect Avenue of a depth to
match the existing sidewalk to the south and run parallel to Prospect Avenue to allow for
future sidewalk construction in that location.
2. Applicant shall plant two (2) trees of equal or higher quality than the existing cedar tree
(to be removed during driveway construction), and the existing oak tree (which is likely
to be damaged by driveway construction).
OTHER BUSINESS
Mr. Fenwick asked if a group was travelling to Richmond this week. Ms. Galvin said Mr.
Tolbert and Mr. Engel are going to present to the American Institute of Architects. Mr. Quill,
Mr. Engel, and Ms. Galvin will participate in a panel discussion.
MATTERS BY THE PUBLIC
Ms. Rebecca Quinn, 104 4th St., said regarding the resolution on board attendance, does
the list identify the anticipated meeting schedule? What about boards that only meet four times?
Adding task force to paragraph one, but there are several places were boards and commissions
are mentioned, but not committees - it needs to be consistent throughout.
COUNCIL RESPONSE
Mr. Huja asked that the edits Ms. Quinn requested be made.
Meeting adjourned.

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