SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL
NOTICE OF SPECIAL MEETING
A SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL WILL BE HELD
ON Monday, November 4, 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 – November 4, 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, Mr. Norris; Noes: None; Absent at time of vote: Mr. Norris), to
meet in closed session for (1) Discussion and consideration 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); and, (3)
Consultation with legal counsel for legal advice regarding the negotiation of the terms and
conditions of a fire services agreement with Albemarle County, as authorized by Va. Code sec.
2.2-3711 (A) (7).
On motion by Mr. Norris, seconded by Ms. Szakos, Council certified by the following
vote (Ayes: Mr. Huja, Ms. Galvin, Ms. Smith, Ms. Szakos, Mr. Norris; 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 4, 2013
Council met in regular session on this date with the following members present: Ms. Smith, Mr.
Norris, Ms. Szakos, Ms. Galvin, Mr. Huja
Mr. Norris announced the City was awarded Platinum Certification in the VML 2013 Go
Green Award challenge. Ms. Riddervold was present to accept the award and thanked staff and
Council for their support. Mr. Norris also announced the new Public Works Department
Facilities Maintenance Building received LEED Gold Certification after a major renovation.
Project Manager Tim Breitenbach was present to accept the award. The ecoREMOD energy
house at 608 Reid Street also received a LEED Platinum Certification. Ms. Kathy McHugh was
present to accept the award for this project and thanked Council for their leadership and UVA
and sponsors for their support.
Mr. Norris announced that President Obama released his Climate Action Plan recently, and
Council will sign a letter in support of the President's plan. Ms. Smith asked Council to include
the resolution we passed at our last meeting in support of the EPA.
Mr. Norris announced the election openings tomorrow. Polls will be open from 6:00 a.m. -
7:00 p.m. Go to charlottesville.org/vote for more information. Ms. Szakos announced the CAT
buses will be free tomorrow to assist in transportation.
Ms. Galvin announced the City is asking for a large evergreen tree to be donated for the
Grand Illumination, the City's holiday tree lighting celebration. The event will take place on
November 29 on the Downtown Mall. Contact Tim Hughes if you would like to donate a tree.
Ms. Galvin announced the next Our Town Charlottesville meeting will take place
Thursday, November 7 for the Venable/Lewis Mountain/JPA/University neighborhoods at
Venable Elementary School from 6:00 p.m. - 8:00 p.m.
Ms. Szakos read a proclamation for Col. Ronald Matthews in recognition of his service as
Superintendent of the ACRJ upon his retirement. Col. Matthews was present to accept the
proclamation and thanked Council for their recognition.
Ms. Szakos announced the application period is open for the Neighborhood Leadership
Institute for the 2014 program. The deadline to apply is December 15. Go to
www.charlottesville.org and click on the “I Want To” “Apply For” for the application. She
also announced City Hall is closed for the Thanksgiving holiday on Thursday and Friday,
Mr. Huja announced the applicant for the Meadowbrook Flats has requested deferral until
the November 18 meeting.
Ms. Szakos announced the City of Promise film is being featured in the Film Festival.
MATTERS BY THE PUBLIC
Mr. Alex Hancock, Eaton Rd., said he is here to speak on property rights. The City is
missing the long-term impacts of approving SUP and density increases without true clarification
for the reasoning behind approvals.
Mr. Brandon Collins, 418 Fairway Ave., thanked Councilors for attending the RAD
training sessions earlier in the day. The Housing Authority and City staff has a lot of work to do
before a decision can be made on RAD. He said housing has to be a priority to address poverty
and homelessness in the City.
Ms. Nancy Carpenter, Albemarle County resident, said 1.2 million students from US public
schools live in homelessness. She asked Council to continue to strive to employ affordable
Mr. Jim Rounsevell, 1113 Monticello Rd., said we ranked below average in economics,
housing and demographics in a recent Livability.com survey. He said he is particularly
concerned about the City's infrastructure and the impact on its economic health. Rebuilding the
Belmont Bridge contradicts the City's vision as a green city.
Mr. Luis Shultz, 1809 E. Market St., said he spoke to Council at the Woolen Mills Our
Town neighborhood meeting and at the Council meeting on October 21, accusing staff of
illegally seizing private property. He received a letter from Mayor Huja denying his request for a
hearing. He asked for Council to reconsider this decision.
Mr. John Cruickshank, 324 Parkway St., thanked Council for signing the letter of support
for President Obama's Climate Action Plan.
Mr. Huja said Mr. Shultz's letter included options for what he can do, and the accusations
he is leveling against him are not valid. Ms. Szakos said the City Attorney has advised Mr.
Shultz that he should go through the court system if he wishes to peruse legal action. Council
meetings are not an appropriate forum for this topic.
Mr. Norris thanked Ms. Carpenter for bringing attention to the homelessness issue, which
is a very important matter.
Ms. Galvin said we are growing homelessness by failing to grow an economy where people
can work with dignity. She said Council has made good strides to reducing the obstacles for
employment and continues their commitment to affordable housing.
Ms. Smith said there are a series of white papers provided during the homelessness
symposium that covered several aspects of homelessness. She encouraged citizens to read them.
She was concerned the "Housing First" approach puts all our eggs in one basket, and few
problems have a one shot solution. We should continue looking at the problem holistically. She
thanked Mr. Cruickshank and the Sierra Club for bringing forward the letter of support for
President Obama's climate plan. She said she is comfortable that the City has done right by its
obligations to fix the sewer problems where Mr. Shultz's property is involved.
a. Minutes for October 21
Minutes for October 21
b. APPROPRIATION: State Criminal Alien Assistance Program (SCAAP) Grant for
2012-H4398-VA-AP for $9,634 (2nd reading)
State Criminal Alien Assistance Program (SCAAP) Grant
c. APPROPRIATION: Charlottesville Area Transit Insurance Claim Recovery -
$9,321.20 (2nd reading)
Charlottesville Area Transit Insurance Claim Recovery
d. APPROPRIATION: Community Development Block Grant Funds for VIEW
(Virginia Initiative for Employment not Welfare) Career Training - $12,955 (2nd
Community Development Block Grant Funds for VIEW
e. APPROPRIATION: Virginia Juvenile Community Crime Control Act Grant
(VJCCCA) - $452,704 (2nd reading)
Virginia Juvenile Community Crime Control Act Grant
f. APPROPRIATION: Runaway Emergency Shelter Program Grant - $198,389
Runaway Emergency Shelter Program Grant
g. APPROPRIATION: Gordon Avenue Library Masonry Project - Albemarle County
Reimbursement - $33,905.81 (carried)
Gordon Avenue Library Masonry Project
h. RESOLUTION: Sale & Purchase Agreement Amendment for Elliott Avenue with
Southern Development & Greater Charlottesville Habitat for Humanity
Sale & Purchase Agreement Amendment for Elliott Avenue
i. RESOLUTION: Addition of Bike/Pedestrian Committee Member to PLACE
Design Task Force
Bike/Pedestrian Committee Member to PLACE
j. RESOLUTION: Setting Rate for Payment in Lieu of Parking
Setting Rate for Payment in Lieu of Parking
Ms. Smith asked about item h regarding the Elliott Avenue site. Under 1.1(b) of the
Development Plan, it states the condition that Public Housing residents are eligible for 25% of
the affordable units and Habitat will work with them. She requested that written notice would be
provided along with documentation. She confirmed that the time in the resolution is six months.
She asked if anything has been found during testing at the site. Ms. Smith asked staff to report
what they find as they go along. She asked what the delay is. Ms. McHugh said they itemized 3
specific issues: 1) incorporating green components into the design, including an item not
currently permitted by City code; 2) the site survey showed a different property outline than what
the City GIS mapping program showed; and 3) work with the Tree Commission to incorporate
trees that suffered some conflicts with power lines. Ms. Smith asked for a status update on the
sidewalk from Elliott up to Ridge Street.
Ms. Galvin asked Mr. Jones about street trees and how to accommodate them.
Ms. Szakos said we have over half a million dollars in grant funding for youth initiatives in
the City, and said the work of our Department of Human Services is very important.
On motion by Ms. Szakos, seconded by Ms. Galvin, the consent agenda passed
ORDINANCE: Dominion Power/Century Link Easements for RWSA's Ragged
Mountain Dam Project (carried)
Dominion Power/Century Link Easements for RWSA's Ragged Mountain Dam Project
Mr. Brown presented to Council. The first ordinance is a conveyance of an easement to
Virginia Dominion Power, and the second ordinance is a conveyance of an easement to Century
Link, both of which arise as a result of construction on the Ragged Mountain Dam.
Ms. Smith asked if the gravel roadway and the clearing were there before the project
started. Mr. Doug March, Senior Civil Engineer for Rivanna, said the roadway in question is
what will cross over the new earthen dam. Ms. Smith said there were many people who were
involved in this project and acknowledged the value of community engagement.
On motion by Ms. Galvin, seconded by Ms. Szakos, both easements carried.
ORDINANCE: Tree Conservation Ordinance (2nd reading)
Tree Conservation Ordinance
Mr. Maynard Sipe, Vice Chair of the Tree Commission, presented to Council. The
Commission recommended approval in the form as presented in Council's materials this evening.
Mr. Huja asked about consulting the City Arborist. Mr. Sipe said the Commission
determined this would over-complicate the process and felt comfortable relying on the expertise
of the City staff's arborist. Changes may be made in the future if there appears to be issues.
Ms. Smith asked about the section regarding tree removal in conjunction with development
activity. Mr. Sipe said the intention was that the City arborist would be consulted to evaluate the
impacts of development before it happens. This is intended to be a proactive requirement to
ensure protection for the tree if the impact cannot be avoided. Mr. Harris explained that if there
is a possibility City work may damage a tree, it will then go to the Tree Commission for a
recommendation for action to Council. Ms. Szakos said it should read "a request to proceed
shall be submitted", because it currently reads as though a request for removal is the only option.
Mr. Harris said he will change the wording to align with the intent of Council.
Mr. Brown said if the City Arborist determines the tree would be damaged and the City
wishes to continue with the land-disturbing activity, it will then come before Council.
On motion by Mr. Norris, seconded by Ms. Szakos, the ordinance was approved with
amendments to clarify that a designated tree determined to be in danger of damage by City work
will be evaluated prior to any work being conducted, and that Council would be afforded the
opportunity to direct that additional precautionary measures be taken to preserve the tree, or in
the alternative, whether the tree should be removed were approved.
RESOLUTION: Authorizing Use of Green City Initiative Funds for a Mini-Grant
Incentive Electric Vehicle Charging Network - $50,000
Authorizing Use of Green City Initiative Funds for a Mini-Grant Incentive Electric Vehicle
Ms. Susan Elliott presented to Council and reviewed the proposal to start seeding an
Electric Vehicle charging network. She answered questions from Council about how the project
would operate. Mr. Huja confirmed these stations would be owned by private enterprises, not the
City. Ms. Galvin commended staff for thinking outside the box.
On motion by Ms. Smith, seconded by Ms. Szakos, the resolution passed unanimously.
Ms. Szakos said this initiative could improve tourism.
RESOLUTION: The Standard at 855 W. Main Street Special Use Permit
The Standard at 855 W. Main Street Special Use Permit
Mr. Brian Haluska presented to Council. He reviewed the item and gave an overview of
the Planning Commission's recommended conditions for approval.
Ms. Galvin said she has issues with the language in item 7 regarding parking. She said is
concerned the 20% of the parking spaces allotted for bicycles will not be enough if it is 20% of
the total number instead of 20% of the square footage. Ms. Szakos suggested specifying the
number according to the number of units rather than as a percentage of parking. Ms. Galvin
recommended .5 bicycle spaces per bedroom, or 300 bike spaces. Mr. Huja said this is too high
and recommended one per unit. Ms. Galvin agreed to the compromised number. Ms. Szakos
said she agreed as well.
Mr. Huja said promotional space should be up front. He confirmed there will still be a
courtyard. Ms. Smith asked about the residential spaces on the first floor. Mr. Haluska said as
long as the residential spaces are far enough to the back, it is acceptable. Ms. Smith asked if
there is a requirement that the building be mixed use. Mr. Haluska said it is a requirement.
Ms. Galvin said the applicant has made some offers to provide community benefits, none
of which could be tied as a condition of the SUP. She asked about a contribution to the
workforce development fund. Mr. Brown said this is a separate issue from the SUP permit.
Mr. Norris asked John Williams of Williams & Associates, representing Landmark
Properties, to give an update of the public benefit activities planned in conjunction with this
project. Mr. Williams described meetings with nearby residents and staff, reviewed policies
aimed to educate the local construction community, and their work with the economic
development department to hire local firms. They have also committed to a $50,000 contribution
for housing development use and will likely comply with the affordable dwelling unit ordinance
by giving cash in lieu of affordable unites. Council asked to see that the additional contribution
be used for neighborhoods adjacent to the project. Mr. Norris supported this idea. Mr. Huja said
these are commendable recommendations, but they are not related to the SUP itself.
Mr. Norris said these projects serve the best of both worlds by allowing University
investment along West Main Street. However, he said it is important to be assured we are not
creating a monoculture up and down West Main Street. Mr. Haluska said Council has the needed
mechanisms to control the nature of development along the corridor.
Ms. Galvin said she thinks there is a fine balance. She does not believe we are destroying
the character on this street, but we should be cautious going forward.
Ms. Szakos said there is a problem with pressures on housing on either side of this project,
and rents are on the rise. This is going to be a valve to relieve some of that pressure and increase
accessibility to affordable housing.
On motion by Ms. Galvin, seconded by Ms. Szakos, the SUP was passed with the proposed
conditions. (Ayes: Ms. Szakos, Ms. Galvin, Mr. Huja, Mr. Norris; Noes: Ms. Smith.)
Mr. Norris asked that the developer's request to divert housing funds to the adjacent
neighborhood be honored. Ms. Szakos and Mr. Huja said they would like to address this at a
different meeting in the framework of a city-wide policy. Ms. Galvin said this is an innately
efficient building because of its height and structure.
ORDINANCE: Affordable Dwelling Units Ordinance Revision (carried)
Affordable Dwelling Units Ordinance Revision
Ms. McHugh presented to Council on amendments to the zoning and subdivision
Ms. Szakos asked said the HAC Committee thought this was a good way to go forward.
On motion by Ms. Szakos, seconded by Ms. Galvin, the ordinance carried for a second
Ms. Galvin requested that Mr. Jones ask about the report-out for the Our Town meetings.
She asked for an overview of the scorecards for P3. Mr. Jones said staff is working on loading
these onto the website as soon as possible.
The meeting was adjourned.