November 3, 2003 (with background material)

CITY COUNCIL AGENDA
6:00 p.m. - 7:30 p.m.
Closed session as provided by Section 2.2-3712 of the Virginia Code
(Second Floor Conference Room)
TYPE OF ITEM
SUBJECT
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
AWARDS/RECOGNITIONS
Distinguished Service Award; First Baptist Church Day Proclamation; World Town
Planning Day Proclamation
MATTERS BY THE PUBLIC
Public comment will be permitted until 8:05 p.m. (limit of 3 minutes per speaker) and at the
end of the meeting on any item, including items on the agenda, provided that a public hearing
is not planned or has not previously been held on the matter. Persons are asked to sign up in
advance of the start of the meeting.
1. CONSENT AGENDA* (Items removed from the consent agenda will be considered at the end of the regular agenda)
a.
b.
c.
d.
e.
f.
g.
h.
i.
Minutes of October 6 and 17
nd
APPROPRIATION:
$2,250 - MetroTech Assistance Grant for Weed and Seed (2 reading)
nd
APPROPRIATIONS:
$3,000 - Law Enforcement Grants (2) (2 reading)
nd
APPROPRIATION:
$300,000 - School Funds for Capital Projects (2 reading)
APPROPRIATION:
$182,500 - Drug Court Grant
RESOLUTION:
Approval of CDBG Planning Process
nd
ORDINANCE:
Emergency Service Personnel on Bikes on Downtown Mall (2 reading)
ORDINANCE:
CDBG Task Force Membership
ORDINANCE:
Creation of Corner Design Control District
2. PUBLIC HEARING
ORDINANCE*
Towe Park Tenant Lease
3. PUBLIC HEARING
ORDINANCE*
Conveyance of Castalia Street Right-of-Way
4. REPORT
Jefferson School Task Force
5. REPORT
Transit Forum
6. REPORT
Drug Court
7. RESOLUTION*
SPCA Contract
8. ORDINANCE*
Snow Removal from Public Right-of-Way (2 reading)
nd
MATTERS BY THE PUBLIC
OTHER BUSINESS
ADJOURNMENT
November 3, 2003
7:30 p.m.
*ACTION NEEDED
Reasonable accommodations will be provided for persons with disabilities if requested.
CITY OF CHARLOTTESVILLE, VIRGINIA
CITY COUNCIL AGENDA
Agenda Date:
October 6, 2003
Action Required:
Approval
Staff Contacts:
Ayana Conway, Director, Weed and Seed Network
Katie Bullard, Budget Manager
Reviewed By:
Gary O’Connell, City Manager
Title:
Charlottesville Weed and Seed Network
Background: Through federal, state, and local multi-agency collaborations, the Weed and
Seed Network strategy for neighborhood revitalization combines prevention, intervention,
treatment, community policing, and law enforcement resources to reduce drugs, violence and
related crime through increased personal and social responsibility, mentoring-based youth and
family-centered solutions, and enhanced education, technology and career development.
The Weed and Seed Network is eligible to receive up to $4,000 per calendar year from the
Thomas Jefferson Planning District Commission to supervise the Charlottesville duties of the
MetroTech Marketing Coordinator. Weed and Seed has received payment of $2,250 for that
purpose. The Coordinator was hired by TJPDC as a consultant, to administer the MetroTech
program in the Local Workforce Investment Board Area VI.
MetroTech is a regional consortium designed to address the needs of employers regarding
technology positions within the Biotechnology and Information Technology industries.
Employers who choose to enroll in the project can select eligible clients for training, specify
the training and certifications needed, and select the training provider to be utilized. The
MetroTech grant will pay training costs for participating employers’ eligible new hires. In
addition, it will pay the full cost of retraining an existing employee in need of enhanced
technology skills.
Budgetary Impact: This appropriation will allow the Weed and Seed Network to help the
Marketing Coordinator provide MetroTech services to residents of the City of Charlottesville.
There is no ($0) impact on General Fund expenditures.
Recommendation: Staff recommends approval.
Attachments: Appropriation.
APPROPRIATION
Weed and Seed Network
$2,250
BE IT RESOLVED by the Council of the City of Charlottesville, Virginia, that
$2,250.00, received from the Thomas Jefferson Planning District Commission, is hereby
appropriated to account 11-042-041163 to make available Weed and Seed Network support
to the MetroTech Marketing Coordinator’s work with residents of the City of Charlottesville.
CITY OF CHARLOTTESVILLE, VIRGINIA
CITY COUNCIL AGENDA
Agenda Date:
October 6, 2003
Action Required: Approve Appropriation
Staff Contacts:
Sgt. Ronnie Roberts, Police Department / Traffic Unit
Reviewed By:
Gary O’Connell, City Manager
Title: Traffic Safety Grant - Operation Sober Up
Background: This grant is part of this department’s continuing effort to enforce the alcohol
related statues in the Commonwealth and help detect and arrest those drivers
under the influence of alcohol. This grant will allow the police department to
purchase (4) Alco-Sensors that are required to be offered to a suspected DUI
under Virginia Code 18.2-267.
Discussion:
This grant will enhance the department’s ability to screen and detect the alcohol
impaired driver and help the police officers when they encounter the underage
youth that has consumed alcohol.
Budgetary Impact: The City of Charlottesville will receive a total of $1500.00 in federal
funding for the purchase of (4) Alco-Sensors with no matching funds
required.
Recommendation: Approve the appropriations of the Traffic Safety Grant
Attachments:
Letter of Grant Approval from DMV
APPROPRIATION
Traffic Safety Grant – Operation Sober Up
$1,500
BE IT RESOLVED by the Council of the City of Charlottesville, Virginia, that the sum
of $1,500 is hereby appropriated to expenditure account 11-270-041184 for the purpose of
purchasing equipment to aid in the screening and detection of alcohol-impaired drivers. Such
appropriation shall be conditioned upon receipt of $1,500.00 from the Department of Motor
Vehicles.
CITY OF CHARLOTTESVILLE, VIRGINIA
CITY COUNCIL AGENDA
Agenda Date:
October 6, 2003
Action Required: Approve Appropriation
Staff Contacts:
Sgt. Ronnie Roberts, Police Department / Traffic Unit
Reviewed By:
Gary O’Connell, City Manager
Title: Traffic Safety Grant - Seatbelt Enforcement
Background: This grant is part of this department’s continuing effort to enforce the speed
laws in Charlottesville and respond to the community’s request for police
traffic services. This grant will allow the police department to purchase (1) R
radar unit to enforce local speed laws and safety belt violations.
Discussion:
This grant will enhance the department’s ability to target area neighborhoods
where speed is a problem. This grant will also help the police officer in the
enforcement of the secondary safety belt laws.
Budgetary Impact: The City of Charlottesville will receive a total of $1500.00 in federal
funding for the purchase of (1) radar set with no matching funds required.
Recommendation: Approve the appropriations of the Traffic Safety Grant
Attachments:
Letter of Grant Approval from DMV
APPROPRIATION
Traffic Safety Grant – Seatbelt Enforcement
$1,500
BE IT RESOLVED by the Council of the City of Charlottesville, Virginia, that the sum
of $1,500 is hereby appropriated to expenditure account 11-270-041183 for the purpose of
purchasing a radar unit to aid in the enforcement of local speed and safety belt laws. Such
appropriation shall be conditioned upon receipt of $1,500.00 from the Department of Motor
Vehicles.
CITY OF CHARLOTTESVILLE, VIRGINIA
CITY COUNCIL AGENDA
Agenda Date:
October 6, 2003
Action Required:
Approval
Staff Contacts:
Lance Stewart, Facilities Maintenance Manager
Barbara Taylor, Administrative Assistant
Reviewed By:
Gary O’Connell, City Manager
Title:
Appropriation of School Funds for School Facilities Projects
(Small Capital Improvement)
Background:
The Facilities Management Division of the City’s Public Works
Department has a contract to manage the maintenance and repairs
of the City School facilities. The funds to be appropriated were
from School funds and posted in the following account and
amount:
School Facilities Projects (Small Capital Improvement)
24-181-081033-43308
$ 300,000
Budgetary Impact: none
Recommendation
Staff recommends approval.
Attachments:
Appropriation Resolution
APPROPRIATION
School Funds for Capital Projects
$300,000
WHEREAS, to ensure the maintenance of school facilities and provide an environment
for students that is conducive for learning;
BE IT RESOLVED by the Council of the City of Charlottesville, Virginia, that
$300,000 be appropriated from account 24-181-081033-43308 into account 24-181081033-53199 for use by the Facilities Management Division of the Public Works
Department for Charlottesville City Schools capital projects.
CITY OF CHARLOTTESVILLE, VIRGINIA
CITY COUNCIL AGENDA
Agenda Date:
November 3, 2003
Action Required:
Approval
Staff Contacts:
Chuck Schuller, Drug Court Administrator
Dave Chapman, Commonwealth’s Attorney
Reviewed By:
Gary O’Connell, City Manager
Title:
Drug Court Grant Award
Background: The operating budget for the Charlottesville/Albemarle Drug Court
program for FY2003 is $260,000. Projected expenditures for Drug Court operations
during FY2003 include $76,222 for the City of Charlottesville, $86,810 for OAR, and
$96,968 for Region Ten Community Services Board.
Funding for the Drug Court includes several sources as follows:
Byrne Grant (Federal Share)
Byrne Grant (State Share/VDCJS)
City of Charlottesville (CDBG)
County of Albemarle
Fees (from Drug Court Participants)
Total Funding
$136,875
$ 45,625
$ 38,700
$ 25,800
$ 13,000
$260,000
The letter of award for the Byrne Grant federal and state share, totaling $182,500 for
FY2003, was received from the Virginia Department of Criminal Justice Services in a
correspondence dated June 23, 2003, and accepted through signature by Linda Peacock,
Assistant City Manager on July 23, 2003.
During the first quarter of the current fiscal year (July through September), drug court has
served 51 participants, including 26 who are City of Charlottesville residents. In
addition, 49 individuals were screened during the quarter as candidates for program entry,
of which 18 entered drug court during the first quarter. The Byrne Grant federal and state
allocations cover the following budget items:
·
·
·
·
Salaries for 3.5 FTE staff (Administrator, Adm. Assistant, 2 Case Managers at
OAR)
Fringe Benefits for these personnel
$36,617 toward Substance Abuse Counselor salaries at Region Ten
Travel, equipment and supplies
The City of Charlottesville serves as fiscal agent for the Drug Court Byrne Grant.
Budgetary Impact: There is no ($0) impact on the General Fund.
Recommendation: Staff recommends approval.
Attachments: Appropriation Resolution.
APPROPRIATION
Drug Court Grant
$182,500
WHEREAS, the Virginia Department of Criminal Justice Services has awarded a
grant for the Drug Court in order to fund salaries, benefits, and operating expenses; now,
therefore
BE IT RESOLVED by the Council of the City of Charlottesville, Virginia, that
the sum of $182,500.00, received as a grant from the Virginia Department of Criminal
Justice Services, is hereby appropriated into account 11-230-032045-50111 in the Grants
Fund.
CITY OF CHARLOTTESVILLE, VIRGINIA
Memo
To:
City Council
From:
James E. Tolbert, AICP, Director
Date:
October 21, 2003
Subject:
Approval of Community Development Block Grant Planning Process
__________________________________________________________
City Code Chapter 2, Article XIII, Section 2-421 requires City Council to review the
operation of the CDBG planning process set forth in Section 2-419, copy attached, and of
the task forces, to determine if they have fulfilled their intended purposes. Unless the
council adopts an amendment or resolution continuing this article by January 4, 2004, the
Article becomes null and void.
The attached Article XIII regarding Community Development Block Grant Planning has
been reviewed and no changes in the planning process are to be presented at this time.
There are changes to the membership of the Task Force recommended due to the
elimination of a CDBG neighborhood based on HUD standards. This change in the
ordinance has been submitted separately for consideration. It is recommended that
Council approve the CDBG ordinance with the changes to the Task Force membership as
outlined.
Attachments:
Resolution
Article XIII (Community Development Block Grant Planning)
RESOLUTION
Approval of Community Development Block Grant Ordinance
WHEREAS, Section 2-421 of Article XIII of Chapter 2 of the Code of the City
of Charlottesville, 1990, as amended, requires City Council to review and approve every
three years the Community Development Block Grant planning process and the operation
of CDBG-related task forces; and
WHEREAS, such review has been conducted and has been found to have
fulfilled its intended purposes; now, therefore
BE IT RESOLVED by the Council of the City of Charlottesville, Virginia, that
Article XIII of Chapter 2 of the City Code, 1990, as amended, entitled “Community
Development Block Grant Planning” is hereby continued and approved in its present
form for an additional three years, unless sooner changed by proper amendment.
ARTICLE XIII. COMMUNITY DEVELOPMENT BLOCK GRANT PLANNING
Sec. 2-416. Purpose and applicability of article.
(a) This article sets forth planning and decision making procedures for the community
development block grant (CDBG) and HOME Investment Partnerships (HOME)
programs, funded under the federal Housing and Community Development Act of 1974,
and the federal HOME Investment Partnerships Act of 1991, as amended.
(b) CDBG funds should be used primarily to benefit low and moderate income persons,
as defined by the United States Department of Housing and Urban Development. The
funds may be spent for any activities permitted by the Housing and Community
Development Act of 1974, as amended and applicable federal regulations. HOME funds
should be used to strengthen public-private partnerships to provide more affordable
housing as defined by the United States Department of Housing and Urban Development.
The funds may be spent for any activities permitted by the HOME Investment
Partnerships Act of 1991, as amended, and applicable federal regulations.
(c) The process established by this article shall apply only to funds specifically allocated
for community development block grant programs under the Housing and Community
Development Act of 1974, and the HOME Investment Partnerships Act of 1991, as
amended, or other funds specifically so allocated for such purposes by the city council.
(d) This process shall not apply to the allocation of any funds remaining from urban
renewal activities in the Garrett Street or Vinegar Hill urban renewal projects.
Sec. 2-417. Community development block grant task force.
(a) The community development block grant task force is hereby established to advise
the city council on the city's physical community development needs, proposed
projects to meet such needs and suggested allocations of CDBG and HOME funds for
such projects, and to conduct periodic evaluations of the physical aspects of CDBG
and HOME programs. Such advice and evaluations shall be forwarded in accordance
with the procedures set forth in this article. The CDBG task force shall also review
and comment on recommendations for human services programs as provided in
section 2-419.
(b) The task force shall be composed of eleven (11) members appointed by the city
council. The members shall include:
(1) Six (6) Five (5) persons, preferably of low or moderate income, one from each
of the six (6) five (5) city council designated target neighborhoods. One of the
six five neighborhood members shall be a representative of the current priority
neighborhood, if city council has designated a priority neighborhood;
(2) One (1) member of the city planning commission;
(3) Two (2) members representing social issues;
(4) One (1) member of the city school board;
(5) One (1) Two (2) additional citizens.
The six persons from the CDBG target neighborhoods shall be appointed for three-year
terms. The two social service members and the one two additional citizens shall be
appointed for two-year terms. The ex officio members shall be appointed for terms
concurrent with their terms on the bodies they represent. Appointments to fill vacancies
shall be for the unexpired terms. No member may serve more than two (2) complete
terms, which may be preceded by completion of another's unexpired term.
(Code 1976, § 2-135; Ord. of 9-17-90; 11-18-96; 6-16-97)
Sec. 2-418. Neighborhood committees.
When the city council has determined that a portion of available grant funds will be used
for concentrating physical development in a particular "target" neighborhood, the council
may appoint a neighborhood committee, consisting of representatives of the CDBG task
force, the city planning commission and residents, business people and property owners
from the target neighborhood. The term of each neighborhood committee shall be three
(3) years, unless otherwise specified by the council, and each neighborhood committee
shall operate under such guidelines and perform such advisory functions as the council
may direct at the time of appointment. Target neighborhood committees shall assist in
preparing detailed plans and programs for CDBG expenditures within their respective
neighborhoods. The city council will designate priority neighborhoods for three years
with the authority to postpone funding in the event of a compelling project or need.
Sec. 2-419. Annual process.
The following steps shall comprise the annual process for planning and programming the
expenditure of community development block grant funds.
(1) The city council shall conduct an initial public hearing to solicit the views of citizens,
the CDBG task force, and the planning commission on city wide community
development and housing needs, and on the general goals and policies for the ensuing
grant year. The notice of the initial public hearing shall include an estimate of the amount
of funds available for CDBG and HOME activities and the range of activities that may be
undertaken. The comments of the task force and commissions may be presented in
writing or in person and may include recommendations on the proportion of available
funds which should be allocated to human services programs, housing needs, capital
improvements, economic development activities and other possible categories. They may
also include recommendations on the selection of particular target neighborhoods.
(2) After receiving all comments, the council shall establish the goals and policies for the
grant year, including such percentage allocations of funds to categories and to particular
target neighborhoods as it deems appropriate.
(3) After receiving the council's decision about goals and policies, the CDBG task force
shall hold such meetings as it deems appropriate, including a meeting with the planning
commission, and shall develop recommendations for housing, human services and
physical development programs and expenditures, within the funding guidelines
established by the council.
(4) If council has selected a target neighborhood for a particular grant year, and appointed
a neighborhood committee, the committee shall hold such meetings as it deems
appropriate and shall develop recommendations for programs and benchmarks to measure
the success of the proposed initiatives. Projects and expenditures within the neighborhood
shall be developed within the funding guidelines established by the council.
Recommendations from the neighborhood committee shall be forwarded to the CDBG
task force for review and comment.
(5) All recommendations for housing, physical development and human services
programs and expenditures from the CDBG task force and neighborhood committee shall
be reviewed with the city planning commission to ensure that proposed projects are
consistent with the city's comprehensive plan, community development objectives and
overall physical development and social needs of the city.
(6) After receiving the recommendations of the CDBG task force and the neighborhood
committee, the city council and planning commission shall conduct a final joint public
hearing, to receive public comment by citizens affected by all proposed CDBG and
HOME activities and other interested parties. The published notice for such public
hearing shall include a statement of the city's community development objectives to
afford citizens an opportunity to examine its contents and to submit comments to the city
on the proposed statement and on the community development performance of the city.
This hearing shall coincide with the initial public hearing on the city's annual budget.
(7) Following the public hearing and any additional meetings or hearings deemed by the
city council to be necessary, the council shall make a final decision on the programs,
projects and expenditures to be funded from the year's community development block
grant and shall adopt an appropriation consistent therewith.
(8) All the bodies participating in this process shall continue to monitor and evaluate the
CDBG and HOME programs throughout the year. The task force, neighborhood
committee and commission shall make a year-end evaluation of the projects and
programs respectively recommended by them and shall advise the city council of the
results of the evaluation and suggest appropriate changes for future years.
(9) Once the council has approved and funded a program, any reprogramming of funds or
any change in funding involving more than ten (10) percent of the year's total grant shall
be reviewed by the body or bodies which originally advised council regarding the
programs being changed.
Sec. 2-420. Procedures for public hearings, meetings and records.
(a) All public hearings required under this article shall be advertised in the manner
provided by Code of Virginia, Section 15.1-431.
(b) All meetings conducted pursuant to this article and all records of the CDBG and
HOME programs shall be subject to the provisions of the Virginia Freedom of
Information Act.
Sec. 2-421. Expiration of article.
Three (3) years after the adoption of this article, and each three years thereafter, city
council shall review the operation of the process set forth herein, and of the task forces, to
determine if they have fulfilled their intended purposes. Unless the council adopts an
amendment or resolution continuing this article in effect within one hundred eighty (180)
days after the expiration of such three-year period, this article shall become null and void.
CITY OF CHARLOTTESVILLE, VIRGINIA
CITY COUNCIL AGENDA
Agenda Date:
October 6, 2003
Action Required:
Approval of Ordinance
Staff Contacts:
Timothy Longo, Chief of Police
Reviewed By:
Gary O’Connell, City Manager
Title: Use of Bicycles by Emergency Services Personnel
Background: The City Code has, for years, permitted on-duty police officers to ride a bicycle on
the Downtown Mall. The attached proposed ordinance seeks to allow for other emergency
services personnel to cover the Downtown Mall on bicycles.
Discussion: The proposed ordinance change would allow the Police and Fire Departments
maximum flexibility to work in combination to provide public safety services to the public on the
Downtown Mall.
Budgetary Impact: None
Recommendation:
Approval of Ordinance
Attachments:
Proposed Ordinance and Memo
CITY OF CHARLOTTESVILLE, VIRGINIA
CITY COUNCIL AGENDA
Agenda Date:
November 3, 2003
Action Required:
Approval
Staff Contacts:
Claudette Grant and Missy Creasy
Reviewed By:
Gary O’Connell
Title:
CDBG Task Force Amendments
Background and Discussion: Using the numbers provided by HUD stating low and
moderate income areas, Starr Hill is no longer a CDBG target neighborhood. There are
now only 5 target neighborhood areas (Belmont, Fifeville, 10th & Page, Ridge Street, and
Rose Hill). The Task Force benefits from eleven members so it is recommended that the
additional position become an at-large citizen.
Budgetary Impact: None
Recommendations: Staff recommends approval of the proposed ordinance.
Attachments: Proposed Ordinance.
cc:
James Tolbert
AN ORDINANCE
AMENDING AND REORDAINING SECTION 2-417 OF ARTICLE XIII
OF CHAPTER 2 (ADMINISTRATION) OF THE CHARLOTTESVILLE
CITY CODE, 1990, AS AMENDED, RELATING TO
CDBG TASK FORCE MEMBERSHIP.
BE IT ORDAINED by the Council of the City of Charlottesville, Virginia, that
Section 2-417 of Article XIII of Chapter 2 of the Charlottesville City Code, 1990, as
amended, is hereby amended and reordained, as follows:
Sec. 2-417. Community development block grant task force.
(a) The community development block grant task force is hereby established to
advise the city council on the city's physical community development needs, proposed
projects to meet such needs and suggested allocations of CDBG and HOME funds for
such projects, and to conduct periodic evaluations of the physical aspects of CDBG and
HOME programs. Such advice and evaluations shall be forwarded in accordance with the
procedures set forth in this article. The CDBG task force shall also review and comment
on recommendations for human services programs as provided in section 2-419.
(b) The task force shall be composed of eleven (11) members appointed by the
city council. The members shall include:
(1)
(2)
(3)
(4)
(5)
Six (6) Five (5) persons, preferably of low or moderate income, one from each
of the six (6) five (5) city council designated target neighborhoods. One of the
six five neighborhood members shall be a representative of the current priority
neighborhood, if city council has designated a priority neighborhood;
One (1) member of the city planning commission;
Two (2) members representing social issues;
One (1) member of the city school board;
One (1) Two (2) additional citizens.
The six persons from the CDBG target neighborhoods shall be appointed for three-year
terms. The two social service members and the one two additional citizens shall be
appointed for two-year terms. The ex officio members shall be appointed for terms
concurrent with their terms on the bodies they represent. Appointments to fill vacancies
shall be for the unexpired terms. No member may serve more than two (2) complete
terms, which may be preceded by completion of another's unexpired term.
CITY OF CHARLOTTESVILLE, VIRGINIA
CITY COUNCIL AGENDA
Agenda Date:
November 3, 2003
Action Required:
Approval or denial of new local historic district
Staff Contacts:
Mary Joy Scala, Neighborhood Planner
Reviewed By:
Gary O’Connell, City Manager
Title:
ZT-03-08-08 and ZM-03-08-09
The Corner Architectural Design Control District
Background: This is a proposal to create a sixth major Historical Preservation and Architectural
Design Control District called the “Corner District” by amending the text of the zoning ordinance,
as well as the individual zoning designation of all the properties included within the district, to add
a local historic overlay district designation. The underlying zoning district designations would not
be affected.
The area within the proposed Corner District is currently listed on the Virginia Landmarks Register
and the National Register of Historic Places. This proposal is to create a locally designated district
under the purview of the Board of Architectural Review (BAR).
Discussion: On August 19, 2003 the BAR unanimously recommended in principle to include the
Corner District as a new historic district. The BAR then walked through the area proposed for
inclusion within the district on September 2, 2003, and agreed upon a list of contributing and noncontributing structures.
Informal public information meetings were held at St. Paul’s Church on July 31, 2003, and at
Westminister Church on August 13, 2003.
Budgetary Impact: None
Recommendation: On October 14, 2003, following a joint public hearing with City Council, the
Planning Commission unanimously recommended approval of both the zoning text and zoning map
amendments.
Attachments: (1)
(2)
(3)
i.
ii.
iii.
Proposed Ordinance
Staff Report dated September 9, 2003, and related materials
Citizen Letters:
Letter from Arthur T. Conroy
Letter from Martha W. Cox
Letter from Richard deButts
CITY OF CHARLOTTESVILLE
DEPARTMENT OF NEIGHBORHOOD DEVELOPMENT SERVICES
STAFF REPORT
APPLICATION FOR REZONING OF PROPERTY
PLANNING COMMISSION AND CITY COUNCIL JOINT PUBLIC
HEARING
DATE OF HEARING: September 9, 2003
APPLICATION NUMBER: ZT-03-08-08 and ZM 03-08-09
Project Planner: Mary Joy Scala, Neighborhood Planner
Applicant: City of Charlottesville
Property Street Address: See Attached List
Tax Map/Parcel #: See Attached List
Comprehensive Plan (Land Use Plan) Designation: Mixed Use, Commercial,
Multi-family
Current Zoning Classification: B-6 Business and R-3 Residential
Proposal:
To create a sixth major Historical Preservation and Architectural Design Control District called
“The Corner District” by amending the zoning of all the listed properties to add a local historic
overlay district designation. The underlying zoning district designations would not be affected.
Vicinity Map See Attached Maps
Standard of Review:
The Planning Commission must make an advisory recommendation to
the City Council. Council may amend the zoning district classification of this property upon
finding that the proposed amendment would serve the interests of “public necessity, convenience,
general welfare, or good zoning practice.” To advise Council as to whether those interests would
be served, the Planning Commission should inquire as follows: (1) The initial inquiry should be
whether the existing zoning of the property is reasonable; (2) the Commission should then evaluate
whether the proposed zoning classification is reasonable. One factor relevant to the reasonableness
of a particular zoning district classification is whether that classification is consistent with the City’s
Comprehensive Plan designation for the property.
Section 34-568 of the Zoning Ordinance under Article XVIII Historical Preservation and
Architectural Design Control Districts, addresses “Additions to and deletions from districts;
designation of landmarks; preservation plan”. It states that, “City Council may, by ordinance,
designate additional properties to be included in a design control district, remove properties from a
design control district, or designate properties as historic landmarks. Prior to the adoption of such
an ordinance, city council shall consider the recommendation of the planning commission and the
board of architectural review regarding the proposed addition, removal, or designation.”
Executive Summary:
The planning commission is being asked for a recommendation to add “The Corner District” as the
sixth major historic and architectural design control “overlay” district in the City.
Section 34-568 states that city council shall consider the recommendation of the planning
commission and the board of architectural review regarding the proposed addition.
The Comprehensive Plan:
The Comprehensive Plan includes the following Key Action (Short Term Work program):
11. ACTION Begin process to proceed with historic overlay architectural design control district
designation for Corner district.
The Charlottesville Historic Preservation Plan adopted June, 1993, gives a description of the
Rugby-Road-University Corner Historic District as listed on both the Virginia and National Historic
Registers (attached). Priority recommendations of the Plan include:
The West Main Street-University Corner corridor should be considered for designation as a
local historic district.
Complete survey of all properties located in National Register districts….
Evaluate boundaries of existing local and National Register districts and recommend
creation of new local historic districts….
Background:
Charlottesville currently has five designated local historic districts, also called major architectural
design control (ADC) districts: Downtown, North Downtown, Ridge Street, West Main Street, and
Wertland Street. It also has 68 individually designated historic properties that are not included in
major design control districts. See attached maps that shows existing ADC districts and individually
protected properties, and potential new local historic districts, including the proposed “Corner
District.”
The Corner District is currently listed on the Virginia and National Registers; the City is now
seeking to include The Corner District as a local historic overlay district. Properties in local historic
districts are afforded more protection than National Register properties. National Register and State
Register designations primarily provide public recognition that a building is worthy of preservation.
A local historic designation ensures that a property cannot be demolished unless it first goes through
a review process. It also ensures that new development will be compatible with the character of the
district.
The BAR reviews all projects that affect the exterior appearance of a locally designated property
(properties that are either in an ADC district, or individually protected.) The BAR evaluates
proposed demolitions, alterations, and new construction based on criteria listed in the zoning
ordinance and also design guidelines adopted by City Council. Staff is permitted by ordinance to
approve certain specified changes administratively. The BAR is required to approve an application
unless it finds that (1) the proposed change does not meet the standards and criteria in the
ordinance; and (2) is incompatible with the historic, cultural, or architectural character of the
property or district.
The proposed new zoning ordinance provides that non-contributing properties may be demolished
without approval of the BAR. However, all new construction and alterations must still be approved
by the BAR for both contributing and non-contributing properties within the district.
BAR Recommendation:
On August 19, 2003, the board of architectural review (BAR) recommended unanimously in
principle to amend include The Corner District as a new historic district. They wanted to know the
criteria used to determine contributing vs non-contributing buildings; and planned to do a walk –
through on Tuesday, September 2 to view the proposed district.
The following criteria found in Section 34-568(b) is used by the board of architectural review when
making recommendations regarding the addition or removal of properties from a design control
district. This same criteria was used generally by staff to determine whether a resource would be
considered contributing or non-contributing.
(1) The historic, architectural or cultural significance, if any, of the structure or site and whether it has been
listed on the National Register of Historic Places or the Virginia Landmarks Register.
(2) The association of the structure or site with an historic person or event or with a renowned architect or
master craftsman.
(3) The overall condition and aesthetic quality of the site or structure and whether it is or would be an
integral part of an existing design control district.
(4) The age of the structure.
(5) Whether the structure is of such old or unusual design, texture and material that it can be reproduced
only with great difficulty, if at all.
(6) The degree to which the original distinguishing character, qualities or materials of a structure have been
retained.
(7) Whether the structure or any of its features represent an infrequent or the first or last remaining example
of a particular detail or type of architecture in the city.
The BAR and the planning commission received copies of the historic survey that describes the
architectural and historic significance of each structure in the proposed district. The survey also
notes whether an individual resource is either contributing or non-contributing.
Public Comments Received:
An informal meeting was held on July 31, 2003 at St. Paul’s Church with several property owners
in the proposed Corner District.
Notification letters were mailed, and a second meeting was held on August 13, 2003 at
Westminister Church with property owners from both the proposed Corner and Rugby Road
Districts.
Staff has received one letter (attached) and several phone calls requesting information and
expressing either objections or support.
Staff Recommendation:
Staff recommends that the planning commission recommend to city council that The Corner District
be included under historic overlay zoning designation as a major historical preservation and
architectural control district.
AN ORDINANCE
AMENDING AND REORDAINING ARTICLE I, SECTION 34-1, AND ARTICLE II,
SECTION 34-272 OF THE CODE OF THE CITY OF CHARLOTTESVILLE,
CHAPTER 34 (ZONING) TO ADD A SIXTH ZONING OVERLAY DISTRICT
TO BE DESIGNATED AS
THE CORNER ARCHITECTURAL DESIGN CONTROL DISTRICT.
WHEREAS, pursuant to §34-288 of the City Code, the Board of Architectural Review (“BAR”) has
conducted a survey to study the merits of a prospective major design control district, to be referred to as The
Corner Architectural Design Control District (“Corner District”) and has recommended that such a district be
established and that certain properties should be included therein;
WHEREAS, a joint public hearing on the BAR’s proposal (ZT-03-08-08 and ZM-03-08-09,
together) was held before the City Council and Planning Commission on October 14, 2003, following notice
to the public and property owners as required by law; and
WHEREAS, on October 14, 2003 the Planning Commission unanimously voted to recommend to
City Council that the proposed Corner District should be established, and that certain properties should be
included therein; and
WHEREAS, this City Council has considered the recommendations of the planning
commission and the BAR; and
WHEREAS, this City Council finds and determines that the proposed amendments to
the City’s zoning ordinance ((ZT-03-08-08 and ZM-03-08-09, respectively) would serve
the purposes set forth within §34-271 of the City Code and that the public necessity,
convenience, general welfare or good zoning practice requires enactment of the City’s
zoning ordinance and the zoning map referenced therein;
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Charlottesville,
Virginia, that:
1. ARTICLE II (Overlay Districts), Division 2 (Historic Preservation and Architectural Design
Control Overlay Districts) is hereby amended and reordained, as follows:
Sec. 34-272. Major design control districts. The following areas have been determined by city
council to be of unique architectural and/or historic value, and are hereby designated as major
architectural design control districts, the limits of which are shown on the city’s zoning map:
(1)
District A (the Downtown Architectural Design Control District, "DADC"): All
buildings within this overlay district are deemed by city council to be “contributing
structures.”
(2)
District B (the North Downtown Architectural Design Control District, "ADC"): All
buildings within this overlay district are deemed by city council to be “contributing
structures.”
(3)
District C (the Ridge Street Architectural Design Control District): All buildings within
this overlay district are deemed by city council to be “contributing structures.”
(4)
District D (the West Main Street Architectural Design Control District): City Council
has designated only certain buildings within this overlay district as “contributing
structures.” Those contributing structures are identified on a map included within the
Design Guidelines, a copy of which is available within the department of neighborhood
development services.
(5)
District E (the Wertland Street Architectural Design Control District): All buildings
within this overlay district are deemed to be “contributing structures.”
(6)
District F (the Corner Architectural Design Control District): City Council has
designated only certain buildings within this overlay district as contributing structures.
Those contributing structures are identified on a map included within the Design
Guidelines, a copy of which is available within the department of neighborhood
development services.
And further, that:
2. The Zoning District Map adopted September 15, 2003 and incorporated in Section 34-1 of the City
Code, is hereby amended to include the following properties within a major architectural design
control overlay district, to be known as the Corner Architectural Design Control District:
Tax Map Parcel #
ADDRESS/PROPERTY NAME
9-75
9-76
9-77
9-78
9-78.1
9-80
9-81
9-82
9-83
9-85
9-86
9-87
9-88
9-89
9-90
9-95
9-96
9-97
9-99
9-100
9-102
9-103
9-104
9-105
9-106
1403-15 University Ave (McKennie-Cook Building)
1417-25 University Ave (Anderson Bros Building)
1427-31 University Ave (Little Johns)
1501-05 University Ave (Corner Outlet/O’Neil’s)
1509-11 University Ave (Unoccupied/College Inn)
1515 University Ave (Student Bookstore)
1517-19 University Ave ((Jabberwocky)
1521-25 University Ave (Mincer’s)
3 Elliewood Ave (Eljo’s)
5-7 Elliewood Ave (Heartwood Books/Southern Teachers Agency)
9 Elliewood Ave (Coupe’s)
11 Elliewood Ave (Martha’s)
12 Elliewood Ave (Flynn House)
17 Elliewood Ave
19 Elliewood Ave
22 Elliewood Ave (Willie Hair Design)
20 Elliewood Ave (Buddhist)
16 Elliewood Ave (Biltmore)
1607-16UniversityAve;107-115ElliewoodAve.(Lucky7/Bodos/TIA/O’Susannah)
1601 University Ave (Starbucks)
1619 University Ave (Bank of America)
St. Paul’s Parking Lot
120 Chancellor St. (Canterbury Episcopal House)
128 Chancellor St. (Center for Christian Study)
132 Chancellor St.
9-107
9-108
9-109
9-126
9-127
9-128
9-129
9-130
9-131
9-132
9-133
9-134
9-135
9-136
9-137
9-138
9-139
9-140
9-141
9-142
9-143
9-145
9-146
9-148
9-149
9-150
9-151
9-152
9-153
136 Chancellor St. (Kappa Delta)
144 Chancellor St. (Delta Zeta Annex)
150 Chancellor St. (Delta Zeta)
167 Chancellor St. (Phi Delta Theta)
165 Chancellor St.
163 Chancellor St. (Chancellor House Apartments)
158 Madison Lane (Alpha Chi Omega)
160 Madison Lane (Phi Kappa Sigma)
133 Chancellor St. (St. Anthony’s Hall)
150 Madison Lane (Sigma Phi Epsilon)
SPE Parking Lot
129 Chancellor St. (Delta Tau Delta)
138 Madison Lane (Delta Gamma)
127 Chancellor St (Kappa Alpha Theta)
125 Chancellor St. (Alpha Tau Omega)
130 Madison Lane (Elmo)
128 Madison Lane (Phi Gamma Delta)
123 Chancellor St. (Chi Omega)
121 Chancellor St./1701 University Ave. (St. Paul’s)
136 Madison Lane (Zeta Tau Alpha)
1709 University Ave (St. Paul’s)
159 Madison Lane (Phi Psi)
165 Madison Lane
135 Madison Lane
167 Madison Lane (Phi Delta Theta)
209 Chancellor St.
211 Chancellor St.
180 Rugby Road (DU)
170 Rugby Road (Madison House)
CITY OF CHARLOTTESVILLE, VIRGINIA
CITY COUNCIL AGENDA
Agenda Date:
November 3, 2003
Action Required:
Approve ordinance
Staff Contacts:
Pat Plocek, Parks Manager
Reviewed By:
Gary O’Connell, City Manager
Title:
Approval of Towe Park Tenant Lease
Background and Discussion: Under the joint agreement for the operation of Towe
Park, the County of Albemarle and City of Charlottesville lease out the “Tenant House”
inside the park. In exchange for reduced rent, the tenant is responsible for maintenance
of the grounds around the house, opening and closing the park gates, assisting the public
with information, doing general janitorial work, and other duties. The lease and lease
addendum were drafted by the Albemarle County Attorney's Office, and I have reviewed
and approved it for signature by the City Manager.
The Albemarle County Board of Supervisors is scheduled to consider approval of the
lease at its November 5, 2003 meeting (executive summary to BOS attached).
Budgetary Impact: Revenue of $6,000 per year to be paid into the Towe Park fund (the
County is the fiscal agent for this fund).
Recommendation: Approval of lease agreement and addendum.
Attachments:
Executive Summary to Board of Supervisors
Ordinance with Lease Agreement and Addendum attached
ORDINANCE
APPROVING LEASE AGREEMENT FOR
TOWE PARK TENANT HOUSE
BE IT ORDAINED by the Council of the City of Charlottesville, Virginia, after a
public hearing held in accordance with Virginia code §15.2-1800(B), that the City
Manager is hereby authorized to execute on behalf of the City the following document, in
form approved by the City Attorney:
Lease between Shelia and Dawn McMillian (Tenant) and the City of
Charlottesville and County of Albemarle (Lessor) for the lease of property
known as the Towe Park tenant house.
CITY OF CHARLOTTESVILLE, VIRGINIA
CITY COUNCIL AGENDA
Agenda Date:
November 3, 2003
Action Required:
Yes
Staff Contacts:
Craig Brown, City Attorney
Reviewed By:
Gary O’Connell, City Manager
Title:
Conveyance of Castalia Street Right-of-Way
Background: Jeffrey and Karen Kaster (937 Belmont Avenue) wish to acquire approximately
1,250 feet of the Castalia Street right of way in order to cure certain encroachments (frame shed
and fence) onto the unpaved portion of Castalia Street. A sanitary sewer line runs along the rear
of the property.
Discussion: The Public Utilities Division and Neighborhood Development Services
Department have no objection to the sale of the subject property to the Kasters. The Kasters have
agreed to grant the City an easement for the existing sanitary sewer line as a condition of the sale.
The conveyance would be by quitclaim deed with no title guarantees attached to it. The City
Assessor has valued the subject right-of-way at $3 per square foot, or $3,750. We would
recommend that the land be conveyed without charge since it will not result in increased
development rights and will cure the problem of the encroaching shed and fence without
substantial effect on vehicular or pedestrian traffic using Castalia Street. If the conveyance is
approved, there will still be sufficient right of way for two lanes of traffic and a 5 foot wide
sidewalk on one side of the street.
Budgetary Impact: None.
Recommendation: Approve conveyance of approximately 1,250 square feet of Castalia Street
right of way.
Attachments:
Letter from Kaster’s attorney, David Toscano
Sketch drawing
Memo re assessed value
Ordinance
AN ORDINANCE
TO AUTHORIZE CONVEYANCE
OF A PORTION OF THE CASTALIA STREET RIGHT-OF-WAY
TO JEFFREY AND KAREN KASTER.
WHEREAS, Jeffrey and Karen Kaster wish to acquire a portion of the Castalia Street rightof-way, approximately 10 feet wide and 125 feet long, as shown on the attached sketch (hereinafter
the “Property”), for the purpose of curing certain existing encroachments; and
WHEREAS, in accordance with Virginia Code '15.2-1800(B), a public hearing was held
to give the public an opportunity to comment on the possible sale of said City land; and
WHEREAS, the City Assessor has appraised the fair market value of the Property at $3.00
per square foot, or approximately $3,750; and
WHEREAS, the City Engineer, the Public Utilities Manager and the Director of
Neighborhood Development Services have reviewed the plan, and have no objections to the sale,
provided that an easement is reserved for the maintenance and repair of an existing sanitary sewer
main crossing the Property; now, therefore
BE IT ORDAINED by the Council of the City of Charlottesville, Virginia that the Mayor
is hereby authorized to execute a deed of quitclaim, in form approved by the City Attorney,
conveying the above-referenced Property to Jeffrey and Karen Kaster. An easement in favor of the
City shall be retained for the maintenance and repair of the sanitary sewer line located within the
property hereby conveyed. The City Attorney is hereby authorized to take whatever steps are
necessary to effect the closing of said property conveyance.
To:
City Council
From:
Chuck Schuller, Administrator
Charlottesville/Albemarle Drug Court
Re:
Status Report on Drug Court for 11/3/03 City Council Agenda
BACKGROUND: The Charlottesville/Albemarle Drug Court operates a separate criminal court
docket, through Judge Edward Hogshire in the Circuit Court, that provides judicially supervised
treatment and case management services for nonviolent drug offenders in lieu of prosecution or
incarceration. Drug Court serves both the City of Charlottesville and Albemarle County.
Drug Court has operated since 1997, and has served a total of 265 participants through the end of
September, 2003. With two new graduates of Drug Court completing the treatment and
supervision requirements in October, the total number of Drug Court graduates has increased to
93 during our 6 years of operations.
STATUS REPORT: During the past fiscal year, which ended 6/30/03, Drug Court had begun
the year with 36 participants, screened 193 candidates for the program, and enrolled a total of 40
new participants. As a result, 76 participants were served through Drug Court during the last
fiscal year, of which nearly 60% were City of Charlottesville residents.
A total of 20 Drug Court participants successfully graduated from the program during the last
fiscal year.
FUNDING: Drug Court was awarded $35,115 in Community Development Block Grants
(CDBG) funds from the City of Charlottesville for the 2002-2003 fiscal year.
These CDBG funds were used to support substance abuse treatment services provided to Drug
Court participants through the Region Ten Community Services Board. The Drug Court is
thankful for the financial support received through the City of Charlottesville.
Other funding sources for Drug Court operations include federal and state sources, as well as
financial contribution from Albemarle County.
CURRENT OPERATIONS AND LEADERSHIP: During the past quarter Drug Court
enrollment has reached an all time high, with 51 participants in the program from July through
September, including 26 City of Charlottesville residents.
The current City award of $38,700 from Community Development Block Grant funds continues
to support substance abuse treatment services provided through the Region Ten Community
Services Board, as well as the purchase of detox and residential treatment services when needed
for participants.
An interagency Drug Court Board, as well as a Citizen’s Advisory Committee, provide policy
guidance and advocacy for the program.
CITY OF CHARLOTTESVILLE, VIRGINIA
CITY COUNCIL AGENDA
Agenda Date:
6 October 2003
Action Required:
Authorize City Manager to Sign Agreement with SPCA
Staff Contacts:
Linda Peacock, Assistant City Manager
Reviewed By:
Gary O’Connell, City Manager
Title:
New Agreement Among the City of Charlottesville, Albemarle
County, and the Charlottesville/Albemarle SPCA
Background: The Charlottesville/Albemarle Society for the Prevention of Cruelty to
Animals (SPCA) owns and operates an animal shelter in the County and has served as the
City’s Animal Shelter since 1956. The City and the County desire the SPCA to continue
serving as their Animal Shelter and to impound and care for all animals delivered by
representatives of the local governing bodies, and receive and impound stray animals
turned in by residents who are not the owners of the animals, in accordance with Va.
Code § 3.1-796.96.
The prior agreement with the SPCA, executed in 1977, needed to be updated to reflect
changes in operational funding and to include the City’s capital contributions for the new
SPCA facility.
Discussion: The agreement sets forth the terms, conditions and compensation the City
of Charlottesville and Albemarle County agree to pay to SPCA for care of such animals
on an annual basis and also sets forth the terms, conditions and compensation the local
governing bodies will pay to the SPCA for construction of the new SPCA facility.
This agreement was developed in coordination with the County Executive’s Office, the
City Manager’s Office, the City and County Animal Control Officers, and the Executive
Director of the SPCA, and has been reviewed and approved by the City and County’s
Attorneys’ Offices. Albemarle County approved this agreement at its September 10,
2003 Board meeting.
Budgetary Impact: Funding for the City’s contribution for the construction of the new
SPCA facility ($250,000 total) is or will be included in the annual capital improvement
budget. FY 03/04 funding for SPCA operations ($66,064) was approved as part of the
budget process and is included in the City’s current annual operating budget.
Recommendation: Authorize the City Manager or his designee to execute the
attached Agreement on behalf of the City.
CITY OF CHARLOTTESVILLE, VIRGINIA
CITY COUNCIL AGENDA
Agenda Date:
November 3, 2003
Action Required:
Approve Amendments to Snow Removal Ordinance
Staff Contacts:
Renee N. Knake, Assistant City Attorney
Reviewed By:
Gary O=Connell, City Manager
Title:
Amendments to Snow Removal Ordinance
Background/Discussion:
As you know, the current snow ordinance provides that every occupant or owner (if
unoccupied) of a house or lot abutting, fronting or otherwise situated on a sidewalk or walkway
is required to have all snow removed within six hours after the snow has ceased falling. Last
winter some concerns were raised about the six hour time limit and, consequently, the ordinance
was not enforced fully – citizens were given warnings but not cited with penalties. Accordingly,
staff proposed adjusting the time for compliance from six to twenty-four hours and adding in an
opportunity to cure before penalties are imposed. 1 At the last meeting, City Council discussed
the proposal and raised some concerns about allowing snow to remain, in essence, for forty-eight
hours, noting an increased safety risk if snow melts partially and then turns to ice at night.
Accordingly, City Council suggested a period of twelve hours might be more appropriate.
The attached ordinance requires that snow be removed within twelve hours. It provides
that citizens will first receive a warning that the snow must be removed within twelve hours,
after which penalties may be imposed. The Chief of Police has reviewed the ordinance and
confirms that the twelve hour window is acceptable.
Budgetary Impact:
None, although revenue from the collection of fines may be used to offset the costs of the
City having to remove snow when the owner or occupant fails to do so.
Recommendation: Approve ordinance with amendments.
Attachments: Ordinance with proposed amendments.
1
The Code provides that violation of this section constitutes a class 1 misdemeanor, subject to fines up to $2,500 or
twelve months imprisonment or both. See City Code §§ 28-1, 1-11.
AN ORDINANCE AMENDING AND RE ORDAINING SECTION 28-25 OF ARTICLE I,
CHAPTER 28 OF THE CHARLOTTESVILLE CITY CODE, 1990 AS AMENDED,
RELATING TO STREETS AND SIDEWALKS.
BE IT ORDAINED by the Council of the City of Charlottesville, Virginia, that Section
28-25 of Article I of Chapter 28 of the Charlottesville City Code, 1990, as amended, is hereby
amended and reordained, as follows:
Sec. 28-25. Removal of snow, sleet and ice from sidewalks
(a) It shall be the duty of every owner and/or occupant of every house or lot which abuts or
fronts on, or is otherwise situated on, a paved sidewalk or walkway to have all snow removed
from such sidewalk or walkway within six (6) hours twelve (12) hours after the same has ceased
falling, unless such snow shall have fallen during the night or on Sunday, in which case it shall
be removed by 12:00 noon the day following. This requirement shall exist whether or not an
unpaved strip of publicly-owned property runs between the paved sidewalk and the private
property line and the words "abuts," "fronts on," "otherwise situated on," should be interpreted in
accord with such requirement. The duty of snow removal imposed on each owner and/or
occupant by this section extends only to that portion of a particular paved sidewalk or walkway
which runs in front of that particular owner's or occupant's private property.
(b) The provisions of subsection (a) of this section shall apply to ice or sleet on sidewalks or
walkways, except that the same, when it cannot be removed without injury to the sidewalk or
walkway, shall be covered, within the period of time specified, with sand, ashes or some other
substance which will render it safe for travel.
(c) Whenever any house or lot is unoccupied, it shall be the duty of the owner or the agent of
the owner thereof to have the snow or ice removed from the sidewalk or walkway abutting,
fronting on, or otherwise situated on such owner's property as is required by this section by
occupants.
(d) A warning shall be issued for a violation of this section. The warning shall be posted on the
property or delivered by hand to the property owner and/or occupant, and shall provide the owner
and/or occupant twelve (12) hours in which to correct the conditions, after which penalties shall
be imposed pursuant to section 28-1. Every twelve (12) hours that such snow or ice is allowed
to remain in violation of this section shall constitute a separate offense. Every six (6) hours that
such snow or ice is allowed to remain in violation of this section shall constitute a separate
offense.