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, April 21, 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 – April 21, 2014
Council met in special session on this date with the following members present:
Mr. Huja, Ms. Smith, Ms. Galvin, Ms. Szakos, Mr. Fenwick.
On motion by Ms. Smith, seconded by Ms. Szakos, Council voted, (Ayes: Mr. Huja, Ms.
Galvin, Mr. Fenwick, Ms. Smith, Ms. Szakos; Noes: None), to meet in closed session for
discussion and consideration of prospective candidates for discussion of the acquisition of real
property located on 11th Street, N.W. for a public purpose, where discussion in an open meeting
would adversely affect the City’s negotiating strategy, as authorized by Va. Code sec. 2.2-3711
(A) (3).
On motion by Ms. Smith, seconded by Ms. Szakos, Council certified by the following
vote (Ayes: Mr. Huja, Ms. Galvin, Mr. Fenwick, Ms. Smith, Ms. Szakos; 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 CHAMBER - April 21, 2014
CALL TO ORDER
Council met in regular session on this date with the following members present: Mr. Huja, Mr.
Fenwick, Ms. Szakos, Ms. Galvin, Ms. Smith.
AWARDS/RECOGNITIONS & ANNOUNCEMENTS
Ms. Szakos read a proclamation for Arbor Day, which is April 25. Mr. Maynard Sipe, Vice
Chair of the Tree Commission was present to accept the proclamation. He invited the
community to attend the Arbor Day celebration at 10:00 a.m. on Friday, April 25 in Azalea Park.
Mr. Fenwick read a proclamation in honor of the Charlottesville Cardinals, a local
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wheelchair basketball team, for their winning season. Jeff McDaniel, Brandon Rush, Chris
Robinson, Eddie Wimbish, and Tom Vandever were present to accept the proclamation.
Mr. Huja announced the Dogwood Parade on April 26 at 10:50 in Downtown
Charlottesville. He also announced public meetings for the Belmont Bridge on April 23 at 209
Monticello Rd. and May 8 at 6:00 p.m. in City Space. Council will hold a public hearing June 2.
Ms. Galvin announced the Engineering Excellence Merit Award was presented for the
Meadow Creek Stream Restoration Project. Mr. Daly, Director of the Parks and Recreation
Department and Ms. Diane Frisbee with the Nature Conservancy were present to accept the
award.
Ms. Galvin announced the 2014 Charlottesville Job Fair on May 7 from 10:00 a.m. - 3:00
p.m. at the John Paul Jones Arena. Go to www.charlottesville.org/jobfair for more information.
Ms. Szakos announced the 2014 Fair Housing Forum on April 29 at 6:30 p.m. in the City
Council Chambers, sponsored by the Piedmont Housing Alliance and the Office of Human
Rights.
Ms. Smith announced that the stormwater utility fee, which became effective January 2014,
will be billed for the first time on April 28. For more information, go to charlottesville.org/wrpp.
Ms. Smith announced a call for nominees for the first annual Mildred Spicer Arts Fund.
Anyone who has made a difference through art may be nominated for the award. Email Sarah
Blech at blechs@charlottesville.org for more information; the deadline is May 5.
Mr. Fenwick announced the City Market is open Saturday mornings from 7:00 a.m. - noon
from April through December on Water Street. Call 970-3371 for more information. He also
announced a call for grant applicants from the Charlottesville Sister Cities Commission for
projects taking place between July 1, 2014 and June 30, 2015. The grant application deadline is
May 1.
Ms. Szakos announced the City Market Work Session on Thursday, April 24 in City Hall's
Council Chambers.
MATTERS BY THE PUBLIC
Mr. Mike Signer, 5th Street SW, said there are dozens of bottles and mini-bottles of liquor
on their street every week. He said neighbors cleaned up their street last week, and they plan to
do this clean-up monthly. He said if we all work to make the streets cleaner, they will remain
cleaner. He requested that City staff provide bags and pick-up for this initiative. He said the
ABC store is not well-located, and it would behoove the City to work with the state ABC board
to relocate the store.
Ms. Mary Carey, 100 Ridge St., lives at Midway Manor, which fronts South Street. She
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said the traffic along South Street is awful and is not getting any better. This affects senior
citizen pedestrians, City Market goers, and bicyclists.
Mr. Jim Rounsevell, 1113 Monticello Rd., said a kick starter campaign to raise funds for a
better visual understanding of the proposed overpass was successful. He said there are important
aspects missing from the conversation about true costs.
Ms. Mary Gilliam, 218 W. South St., said she has lived on South Street for 20 years. You
cannot see up the street to get out of your driveway because there is 24 hour parallel parking.
Drivers speed on the street regularly. Also, the large trucks coming to and from Water House and
the City Market pedestrian traffic are issues.
Mr. Peter Kleeman, 407 Hedge St., commended Council for their concern about our natural
resources, particularly our water resources. However, he said the sale of land at Kenwood Lane
should be used to provide access to natural resources, such as the Meadow Creek area. He asked
Council to delay a vote on the matter and reconsider the use of that property.
Ms. Rebecca Quinn, 104 4th St., said she is glad to see Council is taking action on the
Downtown Mall crossings tonight. She asked how traffic and pedestrian access and safety will
be addressed during construction. She asked if tonight's action would address large trucks
crossing the mall, and whether that included trash trucks. She said there is still salt crust on the
bricks from the last snowfall. She asked Council to look into the salt solution that was used this
year, because it is different from past years and will not wash away.
COUNCIL RESPONSE
Ms. Smith thanked midtown neighbors for their hard work on the recent clean-up. She
asked if the ABC Store at Barracks Road has the same issues. Mr. Jones said there has not been
the same level of complaints for other ABC Store locations in the City. She said the Downtown
Mall crossings conversation is important, especially regarding the truck traffic. She agreed with
Mr. Kleeman's assessment of need for better public access to our parks and natural resources.
She asked if we need to do something more assertive to get rid of the salt on the Downtown
Mall. Mr. Huja asked if the bricks had been power washed recently. Mr. Jones said it was
recently power washed, but that was before the last snowfall. The Parks and Recreation
Department says the salt will wash away, but staff will reexamine the matter. Mr. Fenwick said
drainage pans under the bricks may be full, causing salt to continue washing onto the brick.
Ms. Galvin said it is important to look into relocating the ABC store near the Downtown
Mall, especially because of its effect on the nearby residential area. She asked if it could be part
of the West Main redesign strategy. She said the intersection Ms. Carey is concerned about will
be part of the West Main design project. The City is also taking a City-wide review of its street
network, and a schedule will be distributed indicating when the process will begin for each
neighborhood.
Ms. Szakos thanked the residents who spoke about the traffic issues on South Street. She
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said it is time to examine this issue once again. Mr. Jones said staff is looking into options for
addressing these issues.
Mr. Huja said Charlottesville Sparkles was a great idea, and he hopes City staff can
continue supporting the initiative.
Mr. Fenwick thanked Mr. Signer and Ms. Blount for the work they put into cleaning up
Midtown. He said we should do something about the traffic issues on South Street now without
further delay.
CONSENT AGENDA
Ms. Szakos said there is $250,000 coming into the City from non-tax sources on the
consent agenda tonight.
In response to an inquiry from Ms. Smith, Mr. Tolbert said the Design for Life resolution
applies to new construction where City dollars are being spent, with the exception of things that
cannot be done to due topography, etc. Ms. Margo Elton, intern, said the original resolution
stipulated that all housing built with City funding was built to Energy Star and accessibility
standards. The accessibility piece is being updated; the Energy Star remains up to standards.
On motion by Ms. Szakos, seconded by Ms. Galvin, the consent agenda passed
unanimously. (Ayes: Mr. Huja, Ms. Smith, Mr. Fenwick, Ms. Galvin, Ms. Szakos; Noes: None.)
a. Minutes for April 7
b. APPROPRIATION: Greenstone on 5th Corporation Sponsorship Agreement -
$84,194 (2nd reading)
Greenstone on 5th Corporation Sponsorship Agreement
WHEREAS, the City of Charlottesville has received a donation from Greenstone on 5th
Corporation to fund enhanced police coverage for the area of Greenstone on 5th Apartments,
including salary, equipment, technology and related administrative expenses associated with
provisions of such enhanced coverage.
NOW, THERFORE BE IT RESOLVED by the Council of the City of Charlottesville,
Virginia, that the sum of $84,194, to be received as a donation from Greenstone on 5th
Corporation.
Revenues
$84,194 Fund: 105 Internal Order: 2000113 G/L Account: 451999
Expenditures - $84,194
$75,775 Fund: 105 Internal Order: 2000113 G/L Account: 510060
$8,419 Fund: 105 Internal Order: 2000113 G/L Account: 599999
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c. APPROPRIATION: Domestic Violence Services Coordinator Grant - $44,836 (2nd
reading)
Domestic Violence Services Coordinator Grant
WHEREAS, The City of Charlottesville, through the Commonwealth Attorney’s Office, has
received the Domestic Violence Services Coordinator Grant from the Virginia Department of
Criminal Justice Services in the amount of $38,336 in Federal pass-thru funds, Albemarle
County is to contribute an additional $6,000 in local cash match, and the City Commonwealth
Attorney’s Office will contribute up to $500 cash match, as needed to meet salary and benefit
expenses.
NOW, THEREFORE BE IT RESOLVED by the Council of the City of Charlottesville,
Virginia that the sum of $44,836 is hereby appropriated in the following manner:
Revenues
$38,336 Fund: 209 Cost Center: 1414002000 G/L Account: 430120
$ 6,000 Fund: 209 Cost Center: 1414002000 G/L Account: 432030
$ 500 Fund: 209 Cost Center: 1414002000 G/L Account: 498010
Expenditures
$44,836 Fund: 209 Cost Center: 1414002000 G/L Account: 519999
Transfer
$ 500 Fund: 105 Cost Center: 1401001000 G/L Account: 561209
BE IT FURTHER RESOLVED, that this appropriation is conditioned upon the receipt of
$38,336 from the Virginia Department of Criminal Justice Services, and $6,000 from the County
of Albemarle, Virginia.
d. APPROPRIATION: Department of Public Works/ Division of Public Service
Reimbursements - $80,204 (carried)
Department of Public Works/ Division of Public Service Reimbursements
e. APPROPRIATION: Excess Sale Proceeds - $33,957 (carried)
Excess Sale Proceeds
f. APPROPRIATION: Police Department Miscellaneous Revenue and Insurance
Recovery - $26,000 (carried)
Police Department Miscellaneous Revenue and Insurance Recovery
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g. RESOLUTION: Changes to Design for Life Standards
Changes to Design for Life Standards
WHEREAS, by Resolution approved April 21, 2008, City Council adopted a policy placing
certain requirements on new housing construction which utilized City funds or in-kind services;
and
WHEREAS, the requirements included building such new housing to Energy Star program
standards or a comparable energy efficiency standard, and incorporating at least a
Bronze Level of Universal Design standards in new housing construction plans; and
WHEREAS, the NDS Design for Life C’ville guidelines, adopted by Council on June 4,
2012, incorporates many of the Universal Design standards, and offers incentives for
construction and renovation of housing that provides increased accessibility and liveability; and
WHEREAS, City staff recommends that the City Council adopt a single accessibility standard
by revising the Design for Life C’ville guidelines to provide accessibility and design elements
present in the ANSI A117.1-2009 Code and the HUD Fair Housing Design
Requirements; now, therefore,
BE IT RESOLVED by the Council for the City of Charlottesville that the abovereferenced
policy adopted on April 21, 2008 (“2008 Policy”) is hereby revised to replace the Bronze
Universal Design standard for all new housing using City assisted funding with the “Liveability”
level of the revised Design for Life C’ville program guidelines, as attached hereto. All
other requirements in the 2008 Policy will remain in effect.
BE IT FURTHER RESOLVED that the Design for Life C’ville guidelines, as set forth in the
attached document, are hereby approved.
PUBLIC HEARING / RESOLUTION: $16 Million Bond Issue (maximum amount)
- New Debt; $3 Million Refunding Bond Issue (maximum amount)
Bond Issue
Ms. Krisy Hamill presented the bond resolution to Council, which authorizes the City to
sell general obligation bonds.
Ms. Szakos confirmed that this is the standard annual process for bonds.
Ms. Smith asked if water and wastewater rates factor into the ratings. Ms. Hammill said
they are all lumped together; however, only the CIP is factored into the 8%.
Mr. Huja said this is funding for capital projects that have already been approved and is an
important part of our quality of life. Ms. Smith said it is important to also understand the
wastewater and stormwater fees.
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On motion by Ms. Smith, seconded by Ms. Galvin, A RESOLUTION AUTHORIZING
THE ISSUANCE OF NOT TO EXCEED SIXTEEN MILLION DOLLARS ($16,000,000)
PRINCIPAL AMOUNT OF GENERAL OBLIGATION PUBLIC IMPROVEMENT
BONDS OF THE CITY OF CHARLOTTESVILLE, VIRGINIA, TO BE ISSUED FOR
THE PURPOSE OF PROVIDING FUNDS TO PAY THE COST OF VARIOUS PUBLIC
IMPROVEMENT PROJECTS OF AND FOR THE CITY, AND NOT TO EXCEED
THREE MILLION DOLLARS ($3,000,000) PRINCIPAL AMOUNT OF GENERAL
OBLIGATION PUBLIC IMPROVEMENT REFUNDING BONDS OF THE CITY OF
CHARLOTTESVILLE, VIRGINIA, TO BE ISSUED FOR THE PURPOSE OF
PROVIDING FUNDS TO REFUND IN ADVANCE OF THEIR STATED MATURITIES
AND REDEEM CERTAIN OUTSTANDING GENERAL OBLIGATION PUBLIC
IMPROVEMENT BONDS OF THE CITY; FIXING THE FORM, DENOMINATION
AND CERTAIN OTHER FEATURES OF SUCH BONDS; PROVIDING FOR THE SALE
OF SUCH BONDS AND DELEGATING TO THE CITY MANAGER OR THE
DIRECTOR OF FINANCE CERTAIN POWERS WITH RESPECT THERETO;
AUTHORIZING THE APPOINTMENT OF AN ESCROW AGENT; AUTHORIZING
THE EXECUTION AND DELIVERY OF AN ESCROW DEPOSIT AGREEMENT BY
AND BETWEEN THE CITY AND SUCH ESCROW AGENT AND THE PURCHASE OF
THE SECURITIES TO BE HELD THEREUNDER; AND AUTHORIZING THE
DESIGNATION OF THE REFUNDED BONDS FOR REDEMPTION passed unanimously.
(Ayes: Mr. Huja, Ms. Smith, Mr. Fenwick, Ms. Galvin, Ms. Szakos; Noes: None.)
PUBLIC HEARING: Curbside Recycling Options
Curbside Recycling Options
Ms. Mueller presented to Council. Pilot programs have been conducted in the Greenbrier
and Belmont neighborhoods. She said the only complaint was that users asked for a smaller
container option. She reviewed size options and the advantages of weekly versus bi-weekly
collection. She said the budget has been built to handle this either way, so no additional money is
being requested. There is also no charge to the customer for recycling.
On motion, the public hearing was opened.
Ms. Rebecca Quinn, 104 4th St., asked how this will serve the Downtown Mall residents.
The bins need to be well-marked if they are going to be accessible to many people. She asked the
City to work with the landlords, because more space will be needed for the extra bins.
Having no further speakers, the hearing was closed.
Ms. Smith moved to approve bi-weekly collections with the recycling containers; Mr. Huja
seconded. (Ayes: Mr. Huja, Ms. Smith, Mr. Fenwick, Ms. Galvin, Ms. Szakos; Noes: None.)
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Ms. Szakos asked if we can add people who are not currently using our trash collection
services so they can receive recycling services.
ORDINANCE: Amend Chapter 10 of the City Code (Water Protection) to Establish
a Local Virginia Stormwater Management Program ("VSMP") (carried)
Amend Chapter 10 of the City Code (Water Protection)
Ms. Lisa Robertson from the City Attorney's office presented to Council on amendment of
City Code Chapter 10, the Water Protection Ordinance, in order to comply with state
requirement for establishing a local stormwater management program prior to July 1, 2014.
Ms. Galvin asked if this would prevent a PUD project such as Stonehenge in the future,
which included clear-cutting trees. Ms. Robertson said it will not address that problem entirely,
but staff is trying to tie the processes together so that a final approved site plan must be in hand
before working on the land. Ms. Galvin asked if this precludes the idea of a shared facility, or
applicants have to secure individual permits. Mr. Dan Frisbee, Water Resources Specialist, said
the ordinance as written does not explicitly allow for shared facility, but it may be something that
can be established in the future. Ms. Szakos asked if we could include reference to future
developments. Ms. Robertson said we have to promise our local regulations are consistent with
state law, and we are not requiring provisions more strict than state law in order to comply by
July.
Mr. Fenwick asked if anything in the ordinance can be waived. Ms. Robertson said there is
some prospect for a waiver, but the applicant would have to make the request within the state
requirements. Ms. Robertson said the administrator will be the Director of NDS, and Mr. Tolbert
will likely delegate much of the work to the Assistant City Engineer or someone else who is
similarly trained.
Ms. Smith confirmed that this will not impact ongoing projects. Ms. Robertson said some
regulations have grandfathering provisions, and some permits on existing projects may expire,
but mostly current developments will not come within the purview of the ordinance unless
something significant changes. Ms. Smith asked for sensitivity to the gender specific language
used throughout the ordinance and asked that this be revised. Ms. Galvin moved the ordinance
with Ms. Smith’s recommended language changes. Ms. Smith seconded. The ordinance carried.
RESOLUTION: Downtown Mall Crossings Repair - $120,000 (deferred)
Downtown Mall Crossings Repair
Mr. Tolbert presented to Council. Damage on the downtown mall crossings is primarily
related to the longer aspect bricks that were used, fragile granite due of sand-set bricks placed
adjacent to the granite, and continued use by heavy vehicles. He gave an overview of his
conversations with downtown merchants about restricting heavy vehicles from crossing the mall.
If Council wants to consider this, it could be covered with an ordinance at a future meeting.
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Changes to the existing crossings would include removal of the granite, shorter aspect bricks,
and removal of drainage runnels to prevent brick rocking.
Ms. Galvin said Ms. Meyers from PLACE offered her design expertise to design a street
that would be compatible with the Halprin design for the Downtown Mall.
Mr. Tolbert said up to six additional loading zone areas have been identified should the
crossings be restricted from heavy truck crossings. Ms. Szakos said we may want to examine
establishing a weight limit restriction instead of using axels, because some heavy trucks still only
have two axels.
Mr. Fenwick confirmed that once this is approved, it would be put out to bid. He said he
would like to see ongoing maintenance added to the budget.
Ms. Galvin said it does not look like we have a design that will actually work, and we
should seek assistance and guidance so the road can withstand loads, impact, and time.
Ms. Szakos moved the resolution. She said she is comfortable with a layer of review by the
BAR and professionals. Mr. Fenwick seconded the motion.
Mr. Tolbert said there is no rush on this funding.
Mr. Huja moved to defer the decision until more information was available on the design
and it goes through BAR approval. Ms. Galvin seconded the motion. The motion to defer
passed. (Ayes: Mr. Huja, Ms. Smith, Mr. Fenwick, Ms. Galvin, Ms. Szakos; Noes: None.)
APPROPRIATION: Approval and Appropriation of CDBG & HOME Funds for
FY 2014-2015 (2nd reading)
Approval and Appropriation of CDBG & HOME Funds
Ms. McHugh presented an overview of the funding recommendations to Council.
Mr. Huja reiterated his recommendation from April 7 to increase funding for the CIC. Ms.
Galvin said staff adequately explained how funding for the CIC was determined.
Ms. Szakos asked the Economic Development Office so speak to the impact of the
proposed funding decrease. Mr. Chris Engel said the ACE program is growing and is in its
second year. The program helps existing businesses grow their business. Some of their recipients
are in fact CIC graduates. They would be able to serve fewer businesses with a decrease in
funding. They could serve 10-12 businesses instead of 15. Council asked a representative from
CIC asked if there was in fact a demand for increased funding. He said they have not had to turn
any City resident applicants away as of yet. Ten to twelve scholarships could be provided at the
current funding level; they served 18-20 low income City residents this past year. Ms. Smith said
she favors splitting the difference between the CIC and the OED programs.
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Ms. Smith asked why staff was reluctant to use HOME funds for down payments. Ms.
McHugh said the City Attorney's office subsequently said restrictions were not as prohibitive as
previously thought, so this is no longer an issue. Ms. Szakos said we should see if the Housing
Authority would make different requests if they were less restrictive.
Ms. Galvin moved to adopt the resolutions with the changes of increasing CIC to $12,500
and decreasing the OED SBD program to $43,500. Ms. Szakos seconded. (Ayes: Mr. Huja, Ms.
Smith, Mr. Fenwick, Ms. Galvin, Ms. Szakos; Noes: None.)
A RESOLUTION APPROPRIATING FUNDS FOR THE CITY OF
CHARLOTTESVILLE'S 2014-2015 COMMUNITY DEVELOPMENT BLOCK GRANT -
$400,000 passed unanimously. (Ayes: Mr. Huja, Ms. Smith, Mr. Fenwick, Ms. Galvin, Ms.
Szakos; Noes: None.)
Ms. Galvin moved to adopt the resolution for HOME funds. Ms. Szakos seconded. (Ayes:
Mr. Huja, Ms. Smith, Mr. Fenwick, Ms. Galvin, Ms. Szakos; Noes: None.)
A RESOLUTION APPROPRIATING FUNDS FOR THE CITY OF
CHARLOTTESVILLE’S 2014-2015 HOME FUNDS – $67,500 passed unanimously. (Ayes:
Mr. Huja, Ms. Smith, Mr. Fenwick, Ms. Galvin, Ms. Szakos; Noes: None.)
WHEREAS, Council has previously approved the appropriation of certain sums of
federal grant receipts to specific accounts in the Community Development Block Grant (CDBG)
funds; and
WHEREAS, it now appears that these funds have not been spent and need to be
reprogrammed, and therefore,
BE IT RESOLVED by the Council of the City of Charlottesville, Virginia that appropriations
made to the following expenditure accounts in the CDBG fund are hereby reduced or increased
by the respective amounts shown, and the balance accumulated in the Fund as a result of these
adjustments is hereby reappropriated to the respective accounts shown as follows:
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ORDINANCE: Sale of Kenwood Property (2 readings)
Sale of Kenwood Property
Mr. Brown presented to Council and reviewed the changes made to the sale of property to
Hugh Scott and Susannah Wood, including the requirement to build an accessory unit. However,
a restrictive covenant on the property limits its use to one unattached single family dwelling. The
Purchasers have requested the ordinance be amended to remove the restriction and the second
reading be waived to allow for their financing to go through.
Ms. Szakos confirmed that the accessory unit was not required to be filled. She confirmed
that the Purchasers had until this point tried in good faith to fulfill that requirement.
In response to an inquiry from Ms. Smith, Mr. Daly reviewed the available access points to
the park. She asked for a plan to communicate parking options for the park. Ms. Galvin said our
maps should indicate where the entry points are.
Ms. Galvin said we need to pay attention to the Blue Ribbon Commission report and
reviewed homeownership statistics. She said we still need family housing types that can support
our schools. We are within our City's goals to approve this sale.
On motion by Ms. Szakos, seconded by Ms. Galvin, the motion to amend the ordinance
passed. (Ayes: Mr. Huja, Mr. Fenwick, Ms. Galvin, Ms. Szakos; Noes: Ms. Smith.)
On motion by Ms. Szakos, seconded by Ms. Galvin, the motion to waive a second reading
passed. (Ayes: Mr. Huja, Mr. Fenwick, Ms. Galvin, Ms. Szakos; Noes: Ms. Smith.)
AN ORDINANCE TO REMOVE A CONDITION IN THE SALE/PURCHASE
AGREEMENT FOR LOT 12A AT 1279 KENWOOD LANE BY REVISING AN
ORDINANCE ADOPTED BY COUNCIL ON DECEMBER 16, 2013
WHEREAS, by Ordinance adopted December 16, 2013 (the “2013 Ordinance”), City
Council approved the sale of Lot 12A at 1279 Kenwood Lane to Hugh D. Scott, III and
Susannah Wood for the purchase price of $101,850.00; and
WHEREAS, Council required certain modifications to the Purchase Agreement, one of
which was that the single-family home to be constructed on Lot 12A must contain an accessory
apartment, as defined and allowed under the City’s Zoning Ordinance; and
WHEREAS, the Purchaser’s attorney has notified the City that the requirement for an
accessory apartment prevents clear title to be conveyed because the title commitment revealed
that all of the lots in the Arlington Heights Subdivision, created in 1957, are subject to a recorded
restriction that prohibits construction of any building other than one single family home; and
WHEREAS, the City Attorney has recommended that Council remove the accessory
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apartment requirement from the Purchase Agreement in order to allow the conveyance to move
forward; now, therefore,
BE IT ORDAINED by the Council for the City of Charlottesville, Virginia, that the 2013
Ordinance relating to the sale of city-owned land at 1279 Kenwood Lane, a copy of which is
attached to this ordinance, is hereby revised to remove the accessory apartment requirement as a
condition of approval, and the City Attorney is hereby directed to revise the Purchase Agreement
accordingly.
All other terms and conditions of the 2013 Ordinance shall remain unchanged.
RESOLUTION: Transportation Enhancement Grant - $300,000 Cash Flow Loan
to Thomas Jefferson Planning District Commission (TJPDC)
Transportation Enhancement Grant
Mr. Tolbert presented the enhancement grant request to Council. The City would be repaid
the loan within six months of the completion of the project.
Mr. Huja supported the resolution. Ms. Galvin moved to approve the resolution. Ms.
Smith seconded. The resolution passed unanimously. (Ayes: Mr. Huja, Ms. Smith, Mr. Fenwick,
Ms. Galvin, Ms. Szakos; Noes: None.)
NOW, THEREFORE BE IT RESOLVED by the Council of the City of Charlottesville,
Virginia that the following is hereby transferred in the following manner:
Transfer From
$300,000 Fund: 426 WBS: CP-080 G/L Account: 599999
Transfer To
$300,000 Fund: 426 WBS: P-00809 G/L Account: 599999
OTHER BUSINESS - Fry's Spring Zoning Study Request
Ms. Smith moved that City staff compile information to reexamine whether to initiate a
study examining disparate zoning within the Fry's Spring neighborhood based on the
neighborhood association's request to initiate down zoning. Ms. Galvin seconded the motion.
Staff will compile information for consideration at an upcoming Council meeting. (Ayes: Mr.
Huja, Ms. Smith, Mr. Fenwick, Ms. Galvin, Ms. Szakos; Noes: None.)
MATTERS BY THE PUBLIC
Mr. Louis Schultz, 1809 E. Market St., said this is the fourteenth time that he has come to
Council and accused staff of violating the City code in regard to Steephill Street.
Meeting adjourned.

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