SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL
NOTICE OF SPECIAL MEETING
A SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL WILL BE HELD
ON Monday, December 2, 2013, 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 – December 2, 2013
Council met in special session on this date with the following members present:
Mr. Huja, Ms. Smith, Ms. Galvin, Ms. Szakos, Mr. Norris.
On motion by Ms. Smith, seconded by Ms. Szakos, Council voted, (Ayes: Mr. Huja, Ms.
Galvin, Ms. Smith, Ms. Szakos; Noes: None; Absent at time of vote: Mr. Norris), to meet in
closed session for discussion and consideration of prospective candidates for (1) Discussion,
consideration and interviews of prospective candidates for appointment to City boards and
commissions, as authorized by Va. Code sec. 2.2-3711 (A) (1); and, (2) Consultation with legal
counsel for legal advice regarding the negotiation of the terms and conditions of a cost sharing
agreement with the Albemarle County Service Authority for the costs of the Rivanna Pump
Station, as authorized by Va. Code sec. 2.2-3711 (A) (7).
On motion by Ms. Smith, seconded by Ms. Szakos, Council certified by the following
vote (Ayes: Mr. Huja, Mr. Norris, Ms. Smith, Ms. Szakos; Noes: None; Absent at time of vote:
Ms. Galvin), 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 - December 2, 2013
CALL TO ORDER
Council met in regular session on this date with the following members present: Mr. Huja, Mr.
Norris, Ms. Szakos, Ms. Galvin, Ms. Smith
Mr. Norris announced taxes are due on December 5. He also announced the Economic
Opportunity Summit on December 10 at the Carver Recreation Center.
Ms. Smith announced the next Our Town Charlottesville meeting is Thursday, December
12 for the 10th & Page neighborhoods at 6:00 p.m. at the Hope Community Center. She also
announced NLI Applications are due by December 15.
Ms. Galvin announced the Council Joint Work Session on the Strategic Investment Area
Plan on Thursday, December 5 at 7:00 at City Space.
Ms. Galvin announced A Taste of West Main Open House on Saturday, December 7 at the
Carver Recreation Center from 10am-2pm. For more information, go to www.gowestmain.com.
Ms. Szakos announced the City of Promise Pancake Breakfast this Saturday at the Vinegar
Hill Cafe. She also announced Carver Recreation Center's An Evening of Jazz this Saturday,
December 7 from 8:30 p.m. - 11:30 p.m. The cost is $20/person. Call 970-3053 to purchase
Ms. Szakos announced the Charlottesville Municipal Band's Annual Holiday Concert on
Sunday, December 15 at 3:30 p.m. at Charlottesville High School’s M.L. King Center.
Admission is free; please bring food for the food bank. She also announced several school
concerts coming up this week. Go to ccs.k12.va.us for more information.
Mr. Huja announced the Council Budget Work Session on Monday, December 9 at 5:00
p.m. in City Space to discuss priorities in upcoming budget cycle. He also announced the City
Holiday Market at Water and South Street through December 21.
On motion by Ms. Smith, seconded by Mr. Norris, Ms. Sabrina Allen was appointed to the
Charlottesville Redevelopment and Housing Authority to fill the resident position. (Ayes: Ms.
Smith, Ms. Galvin, Ms. Szakos, Mr. Norris, Mr. Huja; Noes: None.)
MATTERS BY THE PUBLIC
Ms. Naomi Roberts, 1140 St. Clair Ave., thanked Councilors for coming to her
neighborhood association meeting. She said a flashing light at Michie Drive will not work; a
regular light is needed. She said it is important for cyclists to drive safely; they should have to
pay for inspections or a tag. She said she hears goats all the time, and they should have to get
tagged just like dogs do.
Mr. Justin Pincham, 900 Page St., said he came to express his concern about the parking
situation on his road. There are many motorists parking from UVA or contractor companies.
Several elderly residents cannot get back to their home all day long if they leave in the morning.
He asked Council to reconsider a trial period for parking permits.
Ms. Josephine Morrison, 920 Page St., said she has been a resident for 70 years. She asked
Council to review the proposal for permit parking on Page Street. There is permit parking in all
surrounding areas, causing drivers to park in her neighborhood. She said she cannot leave her
home in the morning because she will not be able to park when she returns.
Mr. Rit Venerus, Walnut Hills homeowner, said he and 20 other homeowners have filed
claims for damage to their homes due to blasting at the airport. He asked that Council help the
homeowners to be made whole by directing airport representatives to grant them compensation
for damages to their homes.
Ms. Julie Curie, 125 B Goodman St., said there is a big number associated with
ammunition in the general fund. She asked for more information about that figure. The
peacemaking mechanisms we have in our City are important and should be represented.
Ms. Maryfrances Porter, 2239 Brandywine Dr., Executive Director for Region 10, said a
stoplight is needed at the Michie Drive / Hydraulic intersection. That corridor is a very difficult
area, and she is concerned about the Region 10 staff and consumers. Region 10 is considering
implementing a policy of directing their consumers not to turn at that intersection.
Mr. Louis Shultz, 1809 E. Market St., said this is the fifth time he has come before Council
about a property dispute. He asked Council to grant him a hearing on the matter.
Mr. Alex Hancock, 2712 Eton Rd., said Councilors should not encourage citizens to go
through the court system with their complaints, as they are doing with Mr. Shultz. He said our
state and city codes are not being upheld because the Planning Commission meeting was
cancelled for December.
Mr. Peter Kleeman, 407 Hedge St., said he was surprised that funds allocated for Water
Resources were being transferred into the General CIP via the Year-End Adjustment
appropriation. He said monies originally allocated for Water Resource Preservation should be
earmarked for use in capital improvements within the Water Resource Preservation project.
Mr. Huja said Council has looked at the information Mr. Shultz has provided and acted
accordingly. He said Mr. Shultz is now fabricating facts out of frustration. They have provided
him with a course of action, and he can take it if he wishes.
Ms. Szakos said Council did not deny parking at the 10th & Page neighborhood, but it was
tabled for further discussion at a later date. She requested that it be added to a future agenda. She
asked Mr. Jones to speak with Mr. Watts for more information on the airport blasting claims. She
said she agreed with Ms. Curry that we should strive for peace, but we should also be sure the
police department has what it needs. The Planning Commission meeting was cancelled because
they did not have a quorum of commissioners. She does not feel the need to do anything
differently with the year-end funds.
Mr. Norris said this is the first time he has heard that all 20 claims were denied regarding
the blasting at the airport. He has a hard time believing that the finding of no damage could be
accurate. He asked for follow up on the matter, especially in light of the report Mr. Venerus
Ms. Smith said there are people who need to walk near the Michie drive signal and thanked
Ms. Porter for speaking on pedestrian issues. Also, she asked Mr. Jones to explain the
ammunition budget line item. Mr. Jones said that it has been difficult to purchase ammunition
through procurement last year because of supply. This is not in addition to what we would
normally purchase but is meant to supplement a deficit created by last year’s low supply. Ms.
Smith also thanked Page Street neighbors for their input. Council does not want to solve one
problem and make other problems worse. We have to examine unintended consequences. We
will follow up on this matter. She told Mr. Kleeman that the storm water fees that have been
collected are actually going to be used to pay fines that came from storm water violations; those
fees will no longer be collected from gas bills.
Mr. Huja requested that residents be informed in writing when the 10th & Page permit
parking matter is placed on the agenda.
Ms. Galvin said she liked Ms. Roberts' idea about bike tags and would like to examine
what other communities do in terms of bicycles. She said we need to ensure that our concern
over the Walnut Hills matter is impressed upon our airport board representatives.
a. Minutes for November 18
b. APPROPRIATION: FY 2013 Year End Adjustments and General Fund Balance
Transfer (2nd reading)
FY 2013 Year End Adjustments and General Fund Balance Transfer
c. APPROPRIATION: Elliot Avenue Landscaping and Design (2nd reading)
Elliot Avenue Landscaping and Design
d. APPROPRIATION: Virginia Department of Rail and Public Transportation FY
2014 Mid-Year Funding Allocation - $565,105 (carried)
Virginia Department of Rail and Public Transportation FY 2014 Mid-Year Funding Allocation
e. APPROPRIATION: Charlottesville Sheriff's Office Insurance Claim Recovery -
Charlottesville Sheriff's Office Insurance Claim Recovery
f. APPROPRIATION: Yarney Loan Payoff - $8,411.00 (carried)
Yarney Loan Payoff
g. RESOLUTION: Housing Advisory Committee Membership
Housing Advisory Committee Membership
On motion by Ms. Smith, seconded by Ms. Szakos, the consent agenda was approved
unanimously. (Ayes: Ms. Smith, Ms. Galvin, Ms. Szakos, Mr. Norris, Mr. Huja; Noes: None.)
PUBLIC HEARING / RESOLUTION: Special Use Permit (SUP) for 122 Summit Street
Special Use Permit (SUP) for 122 Summit Street
Ms. Ebony Walden presented to Council. She gave an overview of the public hearing held
at the Planning Commission meeting in November.
Ms. Smith asked if the applicant needs a different license to have an increased number of
children. Ms. Walden said it is linked to the Department of Social Services, and they are
structured according to number.
On motion by Mr. Huja, the public hearing was opened.
Ms. Laura Rogers, 3404 Haunted Hollow Rd., said Ms. Malcolm cares for her daughter.
She has never had a problem with parking. She is looking forward to the expansion and believes
many Charlottesville families will benefit from her care.
Ms. Rebecca Dannis, 408 Hedge St., Infant/Toddler Specialist at CYFS, said family child
care offers a more intimate home-like setting that more families in this community are looking
for. Ms. Malcolm is a licensed facility, and increasing her enrollment from 5 to 12 will provide
this valuable service to more families in her neighborhood.
Ms. Lena Malcolm, teacher and director at Purple Crayon Preschool, said her job is a
dream-come-true. She said she plans to hire two additional care givers, providing a 4-1 ratio for
all ages. She provides an important service to working parents. She described her home facility,
including parking accommodations. She is willing to give an orientation regarding parking, drop
off and pick up to her parents, as the Planning Commissioners suggested.
Having no further speakers, the public hearing was closed.
Ms. Smith said she wants to make sure there are enough regulations in place, because the
SUP goes with the house.
On motion by Ms. Smith, seconded by Ms. Galvin, the resolution passed with the
conditions placed upon the SUP by the Planning Commission. (Ayes: Ms. Smith, Ms. Galvin,
Ms. Szakos, Mr. Norris, Mr. Huja; Noes: None.)
PUBLIC HEARING / RESOLUTION: Special Use Permit (SUP) for 601 Concord Avenue
Special Use Permit (SUP) for 601 Concord Avenue
PUBLIC HEARING / ORDINANCE: Petition to Rezone Property Adjacent to 601
Concord Avenue (carried)
Petition to Rezone Property Adjacent to 601 Concord Avenue
Mr. Haluska presented to Council on the SUP and rezoning at 601 Concord Ave. in the
industrial corridor. He reviewed the issues unique to the request, including noise, adequate space
for the animals, and animal waste.
Ms. Szakos asked about the noise buffer included in the regulations. Mr. Haluska said this
section is a zoning ordinance, not part of the noise ordinance. It is a determination of
reasonability and strictly pertains to this specific use.
Ms. Galvin said she wants to understand the condition stating that the number of dogs shall
not exceed 20 between 5:00 p.m. and dusk, and shall not exceed 40 dogs at any time. Mr.
Haluska explained that these numbers came from the application package.
On motion by Mr. Huja, the public hearing on the SUP was opened.
Mr. Maynard Sipe, attorney for the applicant, said the rezoning itself requires a test of
reasonability. The proposal is reasonable because surrounding properties are zoned likewise.
The SUP is not for the current existing operations. It is for an additional dog play yard, not a dog
run. No kennels or runs will be used. This is intended to improve the quality of the experience
of the dogs the applicant already has, not to increase the number of dogs he serves. He said the
train tracks adjacent to the property provide a sound barrier.
Mr. James Brown, applicant, said the goal of Pampered Pets is to lower the stress of the
animals in their care. The intent is to create more space for their current day campers.
Ms. Shannon Clark, 2200 Banbury St., said Jim and Betsy are the epitome of excellent
business owners. The facility is wonderful, and they take excellent care of their animals.
Having no further speakers, the public hearing on the SUP was closed.
Ms. Szakos asked the applicant if his total number of dogs would fit within the guidelines.
The applicant said the space is a bit over 5,700 square feet, which is just under the high range of
guidelines. On average afternoon, there are between 15 and 20 total dogs; the chances of there
being 40 dogs at any given time are nil.
Ms. Szakos moved the SUP with the amendment of going to 25 instead of 40. She clarified
that this precaution is because the SUP is granted to the location, not to the applicant. Ms. Galvin
seconded the motion. Mr. Brown clarified that the motion included the seven conditions
proposed by the Planning Commission. Ms. Szakos confirmed that it does, with the amendment
of condition four to say 25 dogs instead of 40 dogs. The resolution passed unanimously. (Ayes:
Ms. Smith, Ms. Galvin, Ms. Szakos, Mr. Norris, Mr. Huja; Noes: None.)
On motion by Mr. Huja, the public hearing on the rezoning was opened. Having no further
speakers, the public hearing on the rezoning was closed.
On motion by Mr. Norris, seconded by Ms. Smith, the ordinance carried.
PUBLIC HEARING / ORDINANCE: Sale of 1279 Kenwood Lane (carried)
Sale of 1279 Kenwood Lane
Ms. Kathy McHugh presented to Council. Staff recommends approval of the ordinance to
sell the lot 12A to Hugh D. Scott, III and Susannah G. Wood for $101,850. Staff also
recommended sharing proceeds between the land acquisition fund and the Charlottesville
On motion by Mr. Huja, the public hearing was opened.
Ms. Shannon Clark, 2200 Banbury St., resident of the Greenbriar neighborhood on the
opposite side of the Kenwood Lane acquisition, said when she initially purchased her home her
backyard was a wooded area. There has been a lot of disruptive change since her purchase. As
time has passed, she has gotten on board with Parks and Recreation and the changes that have
happened. She asked Council to consider the email she sent this morning and the master plan
they approved for this area.
Mr. Hugh Scott said he submitted a proposal to build a house. He clarified that Lot 12A is
the front part of the land that fronts the street. He explained why he and his family chose this
piece of land to build a home and why this is good for the City as well.
Having no further speakers, the hearing was closed.
Ms. Smith said this is so nicely cited for a public space and is an ecologically valuable
piece of land. She said she is concerned that there is no formal public access for this large park.
Ms. Galvin said she is drawn to the Habitat proposal and sees this as a huge benefit to a
lower income family that does not have access to these kinds of amenities. This is a rare
opportunity for income mixing.
Ms. Smith said while she initially felt the same, the $100,000 land value is wildly outside
the range for Habitat homes. She also changed her mind because of the park access issue.
Ms. Szakos said she is not sure we need to spend $100,000 to have public access to that
area. There is room for parking, and subtle signage could make this a useable space. This would
not leverage any other funding for affordable housing, and as such would not be in keeping with
our goals for Habitat housing. She said the private citizen applicant would put in sweat equity
and make this an affordable home. We can incorporate this with signage to be sure the park is
accessible to people, then use the funding for more parkland acquisition.
Ms. Galvin asked if staff has been able to verify that this is a buildable site. Ms. McHugh
said no analysis has been done. Mr. Norris asked if there is any known history of drainage
problems. Ms. McHugh said in her expert opinion, she saw no evidence of prior flooding.
Mr. Huja said he visited the site recently. It is a buildable lot, and we should sell this lot to
a homeowner with an access point.
Ms. Galvin said we rarely have the opportunity to introduce a range of affordable housing
in areas north of the City. We do not have parkland in our Strategic Investment Areas. Putting
more money into an area that already has parkland does not seem a good balance of our
investment in parks and affordable housing opportunities in other parts of the City.
Mr. Brown said this is exempt from the steep slopes ordinance as a single family home,
with the proviso that if there is an area of slopes less than 25%, you have to locate the home
Ms. Smith moved that Council reserve the land for park space. Mr. Norris seconded the
motion. Mr. Huja said he opposed the motion. Ms. Szakos opposed the motion. A vote was
taken, and the motion was defeated. (Ayes: Mr. Smith, Mr. Norris; Noes: Ms. Galvin, Mr. Huja,
Ms. Szakos moved that we accept the highest bid and include signage making this a public
access to the park. Mr. Huja seconded the motion. Ms. Smith asked to amend that money go
into the park fund. Mr. Huja and Ms. Szakos accepted the amendment. The ordinance carried.
RESOLUTION: Revisions to the Architectural Design Control (ADC) Districts
Design Guidelines (W. Main ADC District Map)
Revisions to the Architectural Design Control (ADC) Districts Design Guidelines (W. Main
ADC District Map)
Ms. Scala presented to Council. She showed a brief power point with maps and pictures of
the proposed revisions. She explained that the only impact of the resolution is that non-
contributing structures may be demolished without BAR approval, while contributing structures
Ms. Scala said the property owners were notified. One person objected, Mr. Mark Green,
representing the building at 1001 W Main (formerly Team Tire).
Ms. Szakos said she is pleased they are updating the map. However, one of the concerns
about this corridor is how underused the land is. Historically, this was because it was all gas
stations and car dealerships, so to try to preserve that seems counterintuitive. Also, the Sears
building is simply ugly and lacks historical significance, and she does not believe we should
preserve this building.
Ms. Scala said the Sears building is a good example of a modern building, and if you tear
down all modern buildings, you are left with a gap in history. She said there are good
opportunities to adapt these buildings or add on to them.
Mr. Huja said he was opposed to designating the Team Tire gas station.
Ms. Galvin said Council chose to approve funds for the West Main study in order to
analyze and professionally assess which of these buildings provide historical context. Ms. Scala
said the consultants have asked her for background, and she is providing that information to
them. Ms. Galvin said this is not simply a question of historical quality of a building, but the
structure of the block on the whole. Ms. Scala said an important first step is to decide what is
important to keep. This will not affect the consultants' work on the streetscape.
Ms. Szakos said she worries that adding a restriction like this will make it less likely that
the owner will choose to redevelop the building.
Ms. Smith said she likes that a historic designation forces us to take our time and allows a
pause to consider how to preserve our story and our history.
Ms. Galvin said she would hesitate to put these designations on buildings west of the
Drewery Brown Bridge.
Mr. Norris said she mostly agrees with Ms. Smith, but agrees with Ms. Szakos that Stacey
Hall is an unattractive building. Many of these buildings have historical value, particularly to the
African American community.
Ms. Smith moved the resolution. Ms. Galvin modified to parcels easy of the Drewary
Brown Bridge. Mr. Norris seconded if Ms. Smith would amend to remove Stacey Hall. Ms.
Smith accepted. Ms. Szakos asked if you would accept an amendment to remove Team Tire.
Ms. Smith said no. Mr. Norris asked Mr. Huja if he would accept the motion without removing
Stacey Hall. He said he would if they remove Team Tire.
Ms. Galvin asked if we could table this discussion to get further input from BAR. There
was not Council support to do so.
Ms. Smith moved the resolution as is. Mr. Norris seconded the motion. The resolution
passed. (Ayes: Ms. Smith, Mr. Norris, Mr. Huja; Noes: Ms. Galvin, Ms. Szakos.)
REPORT: Hydraulic/Michie Drive Traffic Signal
Hydraulic/Michie Drive Traffic Signal
Ms. Donovan Branche presented to Council. She reviewed the history of the
Hydraulic/Michie Drive traffic signal. Since the box was installed, there have not been any
crashes. Before the box, there were about eight crashes in two years. Traffic issues are
increased in this area between 5:00 p.m. and 6:00 p.m. when volume is heavy.
While the proposed signal would be coordinated with Hillsdale, it would still favor
Hydraulic Road and would not be a perfect coordination, although it may reduce some of the
issues with making a left turn at Michie Drive. It would also increase queues in the peak hour on
Hydraulic and increase the possibility of rear end collisions at Michie. This is a common issue
with unwarranted signals.
Ms. Szakos said she does not believe a traffic light is a good solution, not only because of
the cost but also because it is not clear it will do any good.
Mr. Norris said he has long supported a traffic light, but alternatively he supports blinking
lights and increased enforcement. He sympathized with Ms. Porter's position that we cared
enough to put a light up for Whole Foods, but not for Michie Drive.
Ms. Galvin said the anecdotal data does not give us any confidence one way or the other
that this light will provide a solution. We need to think about a robust interim solution, such as
increased enforcement, and put this into the long term City-wide traffic analysis.
Ms. Szakos moved that the City install flashing lights, direct the police department to
increase enforcement, direct the Communications Department to relay this to citizens, and
increase signage. Ms. Galvin seconded the motion; it passed unanimously. (Ayes: Ms. Smith,
Ms. Galvin, Ms. Szakos, Mr. Norris, Mr. Huja; Noes: None.)
REPORT: BankOn Greater Charlottesville Program Update
BankOn Greater Charlottesville Program Update
Ms. Cherie Seise updated Council on the success of the BankOn Program this year. She
gave an overview of the powerpoint presentation in Council's materials. She announced the next
Ms. Szakos said community members should lobby their legislators to outlaw payday
lending. She thanked Mr. Norris and former Councilor Holly Edwards for their support of this
Ms. Galvin thanked the local banks for their excellent support of the program.
Mr. Huja also commended the program.
Ms. Smith asked if everyone goes through financial education. Ms. Seise said everyone
who has a loan does. Deposit account holders may, depending on what their barrier to entry was.
Those who have had past issues with banking are strongly encouraged to attend financial
education; they can access a better product if they do, providing a financial incentive.
In response to an inquiry from Ms. Smith, Ms. Seise said credit building and asset
development are currently their biggest needs.
Mr. Norris asked about the relationship between Bank On and the Youth Internship
Program (YIP). Ms. Seise said they are in the same building and do communicate, but YIP
participants generally use the UVA Credit Union.
REPORT: National League of Cities Conference Debrief
National League of Cities Conference Debrief
Ms. Szakos said she attended two conferences, the Youth Council and the NLC
Conference. She overviewed the workshops she attended and shared brief descriptions. She
shared pictures from around Seattle illustrating their infrastructure.
Ms. Smith shared her experiences with the workshops she attended as well. Topics
included racial equality, sustainable cities for university communities, and pathways to careers.
She said her favorite workshop was on food trucks. She also learned about ways to enhance
investment in public art.
Mr. Huja shared his experiences with workshops, panel discussions, and industrysponsored
sessions. He was particularly impressed with the workshops on technology and asked
Mr. Jones to explore new ideas for building community engagement through technology. He
said our Police Chief should watch "Shell Shocked" for ideas on how to deal with drug-related
issues among youth in the community.
Meeting was adjourned.
Clerk of Council