City Council postpones Buzzy’s resolution, redefines breweries, honors fallen officers

After fire alarms and evacuation pushed back the start of the evening meeting, City Council steadily worked through a daunting 53-item agenda.

September 24, 2013; 6:13 AM • by John Murden

After fire alarms and evacuation pushed back the start of the evening meeting, City Council steadily worked through a daunting 53-item agenda. They continued the highly-anticipated Captain Buzzy’s resolution to October, honored Richmond City Police Officers fallen in the line of duty, recognized Eldridge F. Coles for 46 years of service at GRTC, defined a brewery as a food establishment, and transferred eight tax delinquent vacant properties to new owners to spur redevelopment.

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APPOINTMENTS/REAPPOINTMENTS

There was one appointment made: Pierce R. Homer as a member of the Board of Directors of the Richmond Metropolitan Authority until Jun. 30, 2016, succeeding D. Mychael Dickerson.

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RECOGNITION

City Council recognized the Richmond City Police Officers fallen in the line of duty with a plaque to be displayed at City Hall.

Eldridge F. Coles (Chief Executive Officer of GRTC) was recognized for 46 years dedication to public transportation.

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CITIZEN COMMENT PERIOD

There were 3 speakers during the open comment period, who are paraphrased below:

John R. — Concerning the funding and placement of a baseball stadium. Shockoe Bottom is a bad place for this, because of parking and the area is known for “robberies, assaults, and murders.”
Robert B. — Richmond missed opportunities with the Redskins training camp. We need to put money to athletic facilities at the city high schools.
Morgan H. — We need to get the word out on the rights of bicyclists and encourage respect for bicyclists.

There were 7 speakers in response to the Consent Agenda, who are paraphrased below:

Chris Dorsey — Among other things, has complaints about the length of the Consent Agenda.
??? — Has issues with the wording of #29. Ord. No. 2013-196, concerning defining “brewery” to the definition of “food establishment.”
Max Hepp-Buchanan — Spoke in support of funding for bike trail/lanes
Brantley Tyndall — In favor of bicycle infrastructure.
Brianne Mullen (Partnership for Smarter Growth) — In favor of bicycle infrastructure, need more than sharrows.
Morgan H. — People coming for the 2015 bicycle race will take away a better impression of Richmond if we have better bicycle infrastructure.
Juliellen Sarver – Also in favor of bicycle infrastructure.

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REGULAR AGENDA

51. Ord. No. 2013-153 (Patron: Mayor Jones) – To amend Ord. No. 2012-65-40, adopted Apr. 23, 2012, which authorized the Chief Administrative Officer to submit a Consolidated Action Plan (Housing and Community Development Plan) to the U. S. Department of Housing and Urban Development as an application for the receipt of Community Development Block Grant Funds (CDBG), HOME Investment Partnership Funds (HOME), Emergency Shelter Grant Funds (ESG) and Housing Opportunities for Persons with AIDS Funds (HOPWA); accepted funds from the U. S. Department of Housing and Urban Development in the total amount of $7,397,764, and appropriated $7,397,764 for various projects, for the purpose of re-appropriating unexpended CDBG funds in the total amount of $1,232,500 and reallocating funds for various projects.

This ordinance shifts unused Community Development Block Grant Funds (from fiscal year 2011-2012) to a number of programs including Bellmeade Revitalization, Blackwell Revitalization, Nine Mile/25th Street, Southern Barton Heights, Highland Park Neighborhood in Bloom, and Swansboro Neighborhood in Bloom, among others. Speakers from Woodland Heights stood opposed to an apartment development slated for West 24th Street, stating the process had not included their civic association and that they prefer single family housing at the site. Wanting to make the remainder of the funds available to the other projects involved, City Council passed the ordinance after the administration promised to meet with the Woodland Heights community regarding the West 24th Street project.

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CONSENT

These items were passed unanimously.

5. Ord. No. 2013-168 (Patron: Mayor Jones) – To authorize the Chief Administrative Officer to accept funds in the amount of $20,000 from the University of Maryland and to appropriate the increase to the Fiscal Year 2013-2014 Special Fund Budget by increasing estimated revenues and the amount appropriated to the Judiciary’s RADTC – Step Up and Step Out account by $20,000 for the purpose of funding an effort of the Adult Drug Treatment Court to establish a re-entry path for Adult Drug Treatment Court participants transitioning from the City Jail to the community.

7. Ord. No. 2013-172 (Patron: Mayor Jones) – To authorize the Chief Administrative Officer, for and on behalf of the City of Richmond, to accept a donation of 86,601 linear feet of underground conduit system valued at approximately $519,606 for the purpose of upgrading the City’s traffic signals system and providing for communications and telecommunications needs.

8. Ord. No. 2013-173 (Patron: Mayor Jones) – To authorize the Chief Administrative Officer, for and on behalf of the City of Richmond, to execute a Memorandum of Understanding between the City of Richmond and Family Lifeline for the purpose of expanding home visiting services to certain families enrolled in the Healthy Families Richmond Program and Family Lifeline’s Parents as Teachers Program.

10. Ord. No. 2013-176 (Patron: Mayor Jones) – To authorize the Chief Administrative Officer, for and on behalf of the City of Richmond, to accept funds in the total amount of $6,547,614 from the Virginia Department of Transportation, and to appropriate the increase to the Fiscal Year 2013-2014 Capital Budget by increasing estimated revenues and the amounts appropriated to various projects in various categories as set forth on the attachment by $6,547,614 for the purpose of appropriating funding received from the Virginia Department of Transportation’s Fiscal Year 2014 Revenue Sharing Program for various projects.

11. Ord. No. 2013-177 (Patron: Mayor Jones) – To authorize the Chief Administrative Officer, on behalf of the City of Richmond, to execute a U.S. Government Lease for Real Property between the City of Richmond and the Government of the United States of America for the purpose of leasing to the federal government 25 parking spaces at a City-owned parking facility located at 500 East Marshall Street from Oct. 1, 2013, through Sept. 30, 2018.

12. Ord. No. 2013-178 (Patron: Mayor Jones) – To declare that a public necessity exists and to authorize the Chief Administrative Officer or the designee thereof, for and on behalf of the City of Richmond, to acquire, at a tax delinquent judicial sale, the property located at 1124 North 26th Street and to authorize the conveyance of such property to Sharaf Safarzadegan for the purposes of eliminating blight and making such property available for redevelopment.

13. Ord. No. 2013-179 (Patron: Mayor Jones) – To authorize the Chief Administrative Officer to accept grant funds in the amount of $2,537.25 from the Virginia Department of Health’s Office of Emergency Medical Services; to transfer $2,537.25 in matching funds from the Fiscal Year 2013-2014 General Fund Budget, Fire and Emergency Services account, Fire Administration program; and to appropriate the total amount of $5,074.50 to the Fiscal Year 2013-2014 Special Fund Budget by increasing estimated revenues and the amount appropriated to the Department of Fire and Emergency Services by $5,074.50 for the purpose of providing funding for emergency medical equipment, computer hardware and software, manikins and other training aids to provide emergency medical services to city of Richmond residents and visitors.

14. Ord. No. 2013-181 (Patron: Mayor Jones) – To declare that a public necessity exists and to authorize the Chief Administrative Officer or the designee thereof, for and on behalf of the City of Richmond, to acquire, at a tax delinquent judicial sale, the property located at 1207 North 26th Street and to authorize the conveyance of such property to Pernik, LLC for the purposes of eliminating blight and making such property available for redevelopment.

15. Ord. No. 2013-182 (Patron: Mayor Jones) – To declare that a public necessity exists and to authorize the Chief Administrative Officer or the designee thereof, for and on behalf of the City of Richmond, to acquire, at a tax delinquent judicial sale, the property located at 1209 North 26th Street and to authorize the conveyance of such property to Pernik, LLC for the purposes of eliminating blight and making such property available for redevelopment.

16. Ord. No. 2013-183 (Patron: Mayor Jones) – To declare that a public necessity exists and to authorize the Chief Administrative Officer or the designee thereof, for and on behalf of the City of Richmond, to acquire, at a tax delinquent judicial sale, the property located at 1211 North 26th Street and to authorize the conveyance of such property to Pernik, LLC for the purposes of eliminating blight and making such property available for redevelopment.

17. Ord. No. 2013-184 (Patron: Mayor Jones) – To declare that a public necessity exists and to authorize the Chief Administrative Officer or the designee thereof, for and on behalf of the City of Richmond, to acquire, at a tax delinquent judicial sale, the property located at 1302 North 31st Street and to authorize the conveyance of such property to Pernik, LLC for the purposes of eliminating blight and making such property available for redevelopment.

18. Ord. No. 2013-185 (Patron: Mayor Jones) – To declare that a public necessity exists and to authorize the Chief Administrative Officer or the designee thereof, for and on behalf of the City of Richmond, to acquire, at a tax delinquent judicial sale, the property located at 1312 North 31st Street and to authorize the conveyance of such property to Pernik, LLC for the purposes of eliminating blight and making such property available for redevelopment.

19. Ord. No. 2013-186 (Patron: Mayor Jones) – To declare that a public necessity exists and to authorize the Chief Administrative Officer or the designee thereof, for and on behalf of the City of Richmond, to acquire, at a tax delinquent judicial sale, the property located at 1312A North 31st Street and to authorize the conveyance of such property to Pernik, LLC for the purposes of eliminating blight and making such property available for redevelopment.

20. Ord. No. 2013-187 (Patron: Mayor Jones) – To declare that a public necessity exists and to authorize the Chief Administrative Officer or the designee thereof, for and on behalf of the City of Richmond, to acquire, at a tax delinquent judicial sale, the property located at 1316 North 31st Street and to authorize the conveyance of such property to Pernik, LLC for the purposes of eliminating blight and making such property available for redevelopment.

22. Ord. No. 2013-189 (Patron: Mayor Jones) – To authorize the Chief Administrative Officer, for and on behalf of the City of Richmond, to execute a Third Amendment to the Controlled Public Access Lease Agreement between the City of Richmond and Venture Richmond, Inc. for the purpose of excluding from the “Demised Premises” certain real property.

23. Ord. No. 2013-190 (Patron: Mayor Jones) – To authorize the Chief Administrative Officer, for and on behalf of the City of Richmond, to execute a Standard Project Administration Agreement between the City of Richmond and the Virginia Department of Transportation for the development and administration of certain Revenue Sharing Program projects.

24. Ord. No. 2013-191 (Patron: Mayor Jones) – To authorize the Chief Administrative Officer, for and on behalf of the City of Richmond, to execute a Programmatic Project Administration Agreement between the City of Richmond and the Virginia Department of Transportation for the development and administration of certain Revenue Sharing Program projects. Recommendation from Land Use, Housing & Transportation to continue to Tuesday, October 22nd Land Use, Housing &Transportation meeting. (Continue to Monday, October 28, 2013 Council meeting)

25. Ord. No. 2013-192 (Patron: Ms. Mosby) – To amend and reordain ch. 2, art. V of the City Code by adding therein a new div. 7 (§§ 2-1026—2-1027), for the purpose of establishing a Career and Technical Education Commission.

26. Ord. No. 2013-193 (Patron: Mayor Jones) – To amend the pay plan adopted by Ordinance No. 93-117-159 on May 24, 1993, as previously amended, to provide a living wage of $11.33 for employees in permanent full-time and part-time positions.

27. Ord. No. 2013-194 (Patron: Mayor Jones) – To authorize the Chief Administrative Officer to accept funds in the amount of $42,000 from the Federal Emergency Management Agency; to transfer $10,500 in matching funds from the Fiscal Year 2013-2014 General Fund Budget, Fire and Emergency Services account, Fire Administration program; and to appropriate the total amount of $52,500 to the Fiscal Year 2013-2014 Special Fund Budget by increasing estimated revenues and the amount appropriated to the Department of Fire and Emergency Services by $52,500 for the purpose of procuring range top fire suppressant units for installation in public housing developments in Richmond identified as presenting a high risk of fire.

28. Ord. No. 2013-195 (Patron: Mayor Jones, By Request) – To authorize the Chief Administrative Officer, for and on behalf of the City of Richmond, to enter into the Arts and Cultural District Façade Improvement Program Cooperation Agreement between the City of Richmond and the Economic Development Authority of the City of Richmond for the purpose of administering the Arts and Cultural District Façade Improvement Program.

29. Ord. No. 2013-196 (Patron: Mr. Baliles) – To amend and reordain City Code § 98-361, concerning definitions related to meals taxes, for the purpose of adding the term “brewery” to the definition of “food establishment.” Recommendation from Finance & Economic Development to forward to Monday, September 23rd Council meeting with no recommendation.

30. Res. No. 2013-R145 (Patron: Mr. Hilbert) – To declare a public necessity to amend City Code § 114-940.3(b) and to initiate an amendment to the City’s zoning ordinance to change the composition of the Urban Design Committee to add to the committee a member of the Urban Forestry Commission.

31. Res. No. 2013-R160 (Patron: Vice President Robertson) – To request that the [Mayor] Chief Administrative Officer identify public and private sources of funding for the needed improvements to Kanawha Plaza Park and that the Mayor propose the necessary amendment to the Capital Improvement Plan to establish a project for such improvements so that such improvements will be constructed and completed simultaneously with the construction of the proposed Gateway Plaza – Public Parking Garage project provided for in Ordinance No. 2013-131. (As Amended)

32. Res. No. 2013-R167 (Patron: All Members of Council) – To approve, in accordance with Ord. No. 2012-35-50, adopted May 14, 2012, the written program outline and budget with projected outcomes for the Chimborazo International Baccalaureate Program, a copy of which is attached to this resolution, and to authorize the expenditure of $9,000 from the Innovation and Excellence in Education Special Fund to Richmond Public Schools Education Foundation, Inc.

33. Res. No. 2013-R171 (Patron: Mayor Jones) – To support a project to provide funding for the Belvidere Street Gateway – Phase IV project and the City’s application in relation thereto to the Virginia Department of Transportation for $280,000 from the federal Transportation Alternatives Program.

34. Res. No. 2013-R172 (Patron: Mayor Jones) – To support a project to provide funding for the Cannon Creek Greenway Connector project and the City’s application in relation thereto to the Virginia Department of Transportation for $320,000 from the federal Transportation Alternatives Program.

35. Res. No. 2013-R173 (Patron: Mayor Jones) – To support a project to provide funding for the Franklin and Main Street Cycletrack and the City’s application in relation thereto to the Virginia Department of Transportation for $240,000 from the federal Transportation Alternatives Program.

36. Res. No. 2013-R174 (Patron: Mayor Jones) – To support a project to provide street infrastructure improvements on streets adjacent to Mary Munford and William Fox Elementary Schools and the City’s application in relation thereto to the Virginia Department of Transportation for $320,000 from the federal Transportation Alternatives Program.

37. Res. No. 2013-R175 (Patron: Mayor Jones) – To support a project to provide funding for a pedestrian hybrid beacon to be constructed on East Broad Street between North 16th Street and Interstate 95 and the City’s application in relation thereto to the Virginia Department of Transportation for $80,000 from the federal Transportation Alternatives Program.

38. Res. No. 2013-R176 (Patron: Mayor Jones) – To authorize the execution of an amendment to the Public Utility Revenue Bond, Series 2008A, of the City of Richmond, Virginia, to decrease the costs of funds thereon, and to authorize the Director of Finance, with the approval of the Chief Administrative Officer, for and on behalf of the City, to provide for the form and details of the amendment of such bond and a supplemental indenture of trust.

39. Res. No. 2013-R177 (Patron: Mayor Jones) – To support a project to provide funding to widen the sidewalk on the north side of Bank Street between 12th and 9th Streets and the City’s application in relation thereto to the Virginia Department of Transportation for $268,000 from the federal Transportation Alternatives Program.

40. Res. No. 2013-R178 (Patron: Mayor Jones) – To support a project to provide funding for a pedestrian bridge over the I-95 ramps at the intersection of I-95 and East Broad Street and the City’s application in relation thereto to the Virginia Department of Transportation for $304,000 from the federal Transportation Alternatives Program.

41. Res. No. 2013-R180 (Patron: Ms. Newbille) – To approve an expenditure in the amount of $1,245 from the Council Districts Funds for the Seventh District to make a donation to the Enrichmond Foundation to provide five Chromebook computers to the East End Library.

42. Res. No. 2013-R181 (Patron: Ms. Newbille) – To approve an expenditure in the amount of $2,500 from the Council Districts Funds for the Seventh District to make a donation to the Fan Free Clinic to support its Sista Speak Camp Program.

43. Res. No. 2013-R182 (Patron: President Samuels) – To approve an expenditure in the amount of $1,548.46 from the Council Districts Funds for the Second District to pay the Department of Information Technology for the printing and mailing of newsletters to Second District residents.

44. Res. No. 2013-R183 (Patron: Vice President Robertson) – To approve an expenditure in the amount of $348 from the Council Districts Funds for the Sixth District to provide funding to the Department of Parks, Recreation and Community Facilities to pay for staff costs associated with showmobile rental for the St. Elizabeth’s Jazz Festival.

45. Res. No. 2013-R184 (Patron: President Samuels, By Request) – To designate the property known as 541 North 2nd Street as a revitalization area pursuant to Va. Code § 36-55.30:2. Recommendation from Land Use, Housing & Transportation to forward to Monday, September 23rd Council meeting with no recommendation.

46. Res. No. 2013-R185 (Patron: President Samuels, By Request) – To designate the property known as 1 West Jackson Street as a revitalization area pursuant to Va. Code § 36-55.30:2. Recommendation from Land Use, Housing & Transportation to forward to Monday, September 23rd Council meeting with no recommendation.

47. Res. No. 2013-R186 (Patron: Vice President Robertson) – To request that the Chief Administrative Officer cause all City departments and other agencies to incorporate into their budget requests for Fiscal Year 2014-2015 goals and initiatives designed to support the recommendations of the Mayor’s Anti-Poverty Commission, as set forth in the Commission’s report dated Jan.18, 2013.

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CONTINUED

These items were continued to later meetings of City Council.

1. Ord. No. 2013-112 (Patron: Mayor Jones, By Request) – To amend Ord. No. 2004-216-272, adopted Oct. 11, 2004, which authorized the special use of the property known as 2623 East Broad Street [CAPTAIN BUZZY’S] for the purpose of converting an existing main building for use as three (3) dwelling units and a commercial space and converting the existing accessory building on such property into a dwelling unit, to reduce the restrictions placed upon the commercial space within the building, upon certain terms and conditions. (As Amended) 10/14

2. Ord. No. 2013-119 (Patron: Vice President Robertson) – To amend ch. 42, art. II of the City Code by adding therein a new section 42-45, to establish a special revenue fund from which may be made appropriations for affordable housing, education and rapid transit purposes and to provide that the difference between the full taxation amount and the partial exemption amount of real estate taxes for all properties for which partial exemptions from real estate taxation were granted under City Code §§ 98-132 and 98-135 and the former City Code § 98- 138 shall be credited to such special revenue fund for 15 years after the expiration of such partial exemption. Recommendation from Finance & Economic Development to continue to Thursday, October 17, 2013 Finance & Economic Development meeting. (Continue to Monday, October 28, 2013 Council meeting) 10/28

3. Ord. No. 2013-155 (Patron: Mayor Jones, By Request) – To authorize the special use of the property known as 1210 Huntland Road for the purpose of a day nursery for up to 12 children, upon certain terms and conditions. (As Amended) 10/14

4. Ord. No. 2013-167 (Patron: Mayor Jones) – To declare a public necessity for and to authorize the acquisition of the [parcel] parcels of real property owned by the Richmond Metropolitan Authority and known as 901 East Canal Street, 911 East Canal Street, and 210 South 10th Street, as well as such portion of a parcel identified as Tax Parcel No. W000-0038/002 as may be necessary, for the purpose of public parking. (As Amended) 10/14

6. Ord. No. 2013-169 (Patron: Mayor Jones) – To renounce the right to receive payment on a debt due to the City in the amount of $18,875,000, plus accrued interest in the amount of $15,000,000, associated with the parking facility constructed on the property known as 901 East Canal Street, pursuant to the Richmond Metropolitan Authority Downtown Expressway Parking Deck Revenue Bonds, series 1990. 10/14

9. Ord. No. 2013-175 (Patron: Mayor Jones) – To declare surplus and direct the conveyance of City-owned real estate located at 1722 Arlington Road to McKinnon and Harris, Inc., for $1,425,000 for the purpose of stimulating private investment, job creation and economic development in the area. 10/28

50. Ord. No. 2013-142 (Patrons: Mr. Baliles, Ms. Graziano and Ms. Mosby) – To amend and reordain City Code § 110-136, concerning bus fares, for the purpose of increasing the CARE service fare and providing that CARE paratransit service not required by the Americans with Disabilities Act will be provided only from 6:00 a.m. until 8:00 p.m., Monday through Friday, and that such service shall not be provided on Saturday, Sunday or holidays observed by the Greater Richmond Transit Company. Recommendation from Land Use, Housing & Transportation to forward to Monday, September 23rd Council meeting with amendment and no recommendation. Amended and continued to 10/14

52. Ord. No. 2013-161 (Patron: Mr. Agelasto) – To amend City Code § 42-41, concerning the disposition of funds from the sale of real estate and certain insurance proceeds, for the purpose of providing that real estate tax revenues from former school properties that the City has sold be set aside for the operations of the School Board of the City of Richmond. Recommendation from Finance & Economic Development to continue to Thursday, October 17, 2013 Finance & Economic Development meeting. (Continue to Monday, October 28, 2013 Council meeting) 10/28

53. Ord. No. 2013-180 (Patron: Ms. Newbille) – To amend City Code § 42-41, concerning the disposition of funds from the sale of real estate and certain insurance proceeds, and City Code § 42-44, concerning the disposition of funds from the lease or other use of former school properties, for the purpose of providing that sale proceeds, real estate tax revenues arising as a result of such sales, and the proceeds from the lease or other use of Department of Parks, Recreation and Community Facilities properties be set aside to fund improvements, enhancements and upgrades to Department of Parks, Recreation and Community Facilities properties. Recommendation from Land Use, Housing & Transportation to continue to Tuesday, October 22nd Land Use, Housing &Transportation meeting. (Continue to Monday, October 28, 2013 Council meeting) 10/28

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WITHDRAWN/STRICKEN

21. Ord. No. 2013-188 (Patron: Mayor Jones) – To declare that a public necessity exists and to authorize the Chief Administrative Officer or the designee thereof, for and on behalf of the City of Richmond, to acquire, at a tax delinquent judicial sale, the property located at 1318 North 28th Street and to authorize the conveyance of such property to ElderHomes Corporation for the purposes of eliminating blight and making such property available for redevelopment. Recommendation from Land Use, Housing & Transportation to continue to Tuesday, October 22nd Land Use, Housing &Transportation meeting. (Continue to Monday, October 28, 2013 Council meeting)

49. Ord. No. 2013-141 (Patrons: Mr. Baliles, Ms. Graziano and Ms. Mosby) – To amend and reordain City Code § 110-136, concerning bus fares, for the purpose of increasing the CARE service fare and providing that CARE paratransit service will only be provided to the extent required by the Americans with Disabilities Act. Recommendation from Land Use, Housing & Transportation to forward to Monday, September 23rd Council meeting with recommendation to Strike.