Council Member Bryan L. Collins (excused) Vice Mayor John M. de Triquet (excused)

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1 City Council Work Session December 9, 2008 A Regular Work Session of the Chesapeake City Council was held December 9, 2008, at 4:15 p.m., in the City Hall Building, 306 Cedar Road. Present: Council Member C. E. Cliff Hayes, Jr. Mayor Alan P. Krasnoff Council Member Dwight M. Parker Council Member S. Z. Debbie Ritter Council Member Ella P. Ward Council Member Richard Rick West Council Member Patricia Pritchard Willis (arrived at 4:30 p.m.) Absent: Council Member Bryan L. Collins (excused) Vice Mayor John M. de Triquet (excused) Present from Administration: City Manager William Harrell, City Attorney Ronald Hallman, Deputy City Manager Amar Dwarkanath, Deputy City Manager Wanda Bernard-Bailey, Deputy City Manager Betty J. Meyer, City Clerk Dolores Moore, Agriculture Director Watson Lawrence, Budget Director Angelia Yancey, Economic Development Director Steven Wright, Finance Director Nancy Tracey, Fire Chief R. Stephen Best, Sr., Fleet Manager George Hrichak, General Services Director William Broome, Neighborhood Services Director Patrick Hughes, Parks and Recreation Director Robert Bobby Clifton, Planning Director Brent R. Nielson, Assistant Planning Director Karen E. Shaffer, Planning Administrator Jaleh M. Shea and other staff members. Also present: John Crouse, CMSS Architects The Following Topics were discussed during the Work Session: 1) City Council Retreat Follow Up 2) Fire Apparatus Purchase 3) Great Bridge Village Design Guidelines 4) Deep Creek Park Lease 5) Tent Fees The Work Session adjourned at 5:42 p.m. /smu

2 Regular City Council Meeting December 9, 2008 A Regular Meeting of the Chesapeake City Council was called to order by Mayor Alan P. Krasnoff on December 9, 2008 at 6:30 p.m. in the City Hall Building, 306 Cedar Road. INVOCATION: Pastor Linwood Hill, Bethany Baptist Church PLEDGE OF ALLEGIANCE: Cub Scout Pack 462 with Assistant Scout Master Mark Blevins and Den Leader Rob Hirons, Deep Creek United Methodist Church ROLL CALL BY CLERK OF COUNCIL Present: Council Member C. E. Cliff Hayes, Jr. Mayor Alan P. Krasnoff Council Member Dwight M. Parker Council Member S.Z. Debbie Ritter Council Member Ella P. Ward Council Member Richard Rick West Council Member Patricia Pritchard Willis Absent: Council Member Bryan L. Collins (excused) Vice Mayor John M. de Triquet (excused) Present from Administration: City Manager William Harrell, City Attorney Ronald Hallman, Deputy City Manager Amar Dwarkanath, Deputy City Manager Wanda Barnard-Bailey, Deputy City Manager Betty J. Meyer, City Clerk Dolores Moore and other staff members. APPROVAL OF MINUTES Mayor Krasnoff advised that the minutes of the March 11, 2008 Work Session and Regular City Council Meeting were presented for approval. Council Member Ward, on a motion seconded by Council Member Hayes, moved approval of the minutes, as presented. Council Members Ritter and West stated that they would abstain from voting as they were not members of City Council at that time. There was no discussion. On the motion for approval of the minutes of the March 11, 2008 Work Session and Regular Council Meeting, as presented, voting yes: Council Members Hayes, Krasnoff, Parker, Ward and Willis. Voting no: None. (Vice Mayor de Triquet and Council Member Collins were excused) (Council Members Ritter and West abstained) Mayor Krasnoff relinquished the gavel to Council Member Parker.

3 PROCLAMATION NATIONAL HOMELESS PERSONS MEMORIAL DAY Mayor Krasnoff called Chesapeake Coalition for the Homeless Chairperson Alecia Gregg and Office of Housing Management Analyst Edwina Ricks to the podium to receive the proclamation. Chairperson Alecia Gregg accepted the proclamation and provided an update on efforts to end homelessness in the City. CERTIFICATE OF RECOGNITION NATIONAL COACH OF THE YEAR Mayor Krasnoff called Great Bridge High School Baseball Coach Wiley Lee to the podium to accept a Certificate of Recognition for his selection as National Coach of the Year by the Mid-Atlantic Baseball Scouts Association. Coach Lee commented on the successes of past and present team members and expressed his pride in representing Great Bridge High School. SPECIAL PRESENTATION FINE ARTS COMMISSION Mayor Krasnoff invited Chesapeake Friends of the Arts Co-Chairs Susan Rowling and Carol Praissman to the podium to present a $4, check to the Fine Arts Commission for the Arts Education Grant Program. Also in attendance were Parks and Recreation Department Fine Arts Coordinator Randy Harrison, Fine Arts Commission members Norma Hoster-Burandt and Virgil Kocher. Ms. Rowling offered comments and presented a check to Fine Arts Commission member Norma Hoster-Burandt, who thanked the Friends of the Arts for the contribution. Fine Arts Coordinator Randy Harrison, on behalf of the Fine Arts Commission, thanked the Friends of the Arts for the gift. Co-Chair Praissman announced an upcoming garage sale to be held in the spring of 2009 as a fund raising event for the Arts Education Grant Program. Council Member Ward thanked the Fine Arts Commission members for their work on the students arts display currently in the Chesapeake Circuit Court Building. Council Member Parker returned the gavel to Mayor Krasnoff. APPLICANTS, AGENTS, AND CITIZENS COMMENTS ON PUBLIC HEARING ITEMS COUNCIL S CONSIDERATION OF PUBLIC HEARING ITEMS: City Clerk Moore stated that there were no speakers prior to the presentation of the Public Hearing Items

4 Non-Planning Public Hearing Items A. #08-O-156 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT TO LEASE FIVE PLUS OR MINUS (5+/-) ACRES OF CITY PROPERTY LOCATED IN A DESIGNATED AREA OF THE NORTHWEST RIVER PARK TO THE YOUNG MEN S CHRISTIAN ASSOCIATION OF SOUTH HAMPTON ROADS FOR A MAXIMUM TERM OF THIRTY (30) YEARS WITH AN OPTION FOR A TEN (10) YEAR RENEWAL AND UPON THE TERMS AND CONDITIONS STATED IN THE LEASE AGREEMENT, WHICH SHALL BE FOR THE SOLE PURPOSE OF DESIGNING AND CONSTRUCTING FACILITIES ON THE LEASED PROPERTY AND PROVIDING YOUTH RECREATIONAL EQUIPMENT FOR THE COORDINATION AND OPERATION OF A YOUTH SUMMER CAMP, YOUTH PROGRAMS AND OTHER YOUTH ACTIVITIES. City Clerk Moore presented the item and identified the following speaker in support of NPPH-A. Charles Harris, 505 Yorkshire Drive, representing the Young Men s Christian Association (YMCA) of South Hampton Roads, was available for questions. Council Member Willis, as a Parks and Recreation Liaison, expressed appreciation of the public/private partnership with the YMCA and commented on the outstanding recreational opportunities and facilities provided to the citizens. Council Member Willis, on a motion seconded by Council Member Ritter, moved approval of the Ordinance, as presented. Council Member West inquired about a provision in the lease agreement that would allow the YMCA to terminate the lease within 6 months if it was determined that the project was not feasible for the YMCA to continue developing. Hampton Roads YMCA CEO/President Charles Harris approached the podium and responded that engineering studies had not been performed prior to the presentation of the Ordinance and the provision was a precaution should there be a problem discovered with the studies. President Harris added that he did not foresee any reason that termination of the lease would occur. There was no additional discussion. On the motion for approval of the Ordinance, as presented, voting yes: Council Members Hayes, Krasnoff, Parker, Ritter, Ward, West and Willis. Voting no: None (Vice Mayor de Triquet and Council Member Collins were excused) - 3 -

5 B. #08-R-090 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE WITH VERNON WHEDBEE FOR APPROXIMATELY ACRES OF LAND OWNED BY THE CITY OF CHESAPEAKE AND LOCATED ON THE DEEP CREEK PARK PROPERTY FOR TEMPORARY FARMING ACTIVITIES. City Clerk Moore presented the item and stated that there were no speakers. Council Member Parker, on a motion seconded by Council Member Ward, moved approval of the Resolution, as presented. There was no discussion. On the motion for approval of the Resolution, as presented, voting yes: Council Members Hayes, Krasnoff, Parker, Ritter, Ward, West and Willis. Voting no: None (Vice Mayor de Triquet and Council Member Collins were excused) CITIZENS COMMENTS ON AGENDA ITEMS ONLY City Clerk Moore stated that there were no speakers on Agenda Items. CONSENT AGENDA City Clerk Moore read the Consent Agenda Items into the record. City Clerk Items (1) ACKNOWLEDGEMENT OF REZONING APPLICATIONS The following zoning reclassification requests are not public hearing items at this time. These items will be heard by the Planning Commission on December 10, 2008 and recommended to City Council for a future meeting. A. R(C) PROJECT: Blenheim APPLICANT: The Christian Broadcasting Network Inc. AGENCY: Kaufman & Canoles, PC PROPOSAL: A conditional zoning reclassification of acres acres from O&I, Office and Institutional District to R-MF-1, Residential District and acres from R-MF-1, Residential District to O&I, Office and Institutional District. PROPOSED LAND USE/DENSITY: Office and Multifamily Residential at approximately 16 dwelling units per acre EXISTING LAND USE PLAN/DENSITY: Regional Mixed Use, Office and High Density Residential (16-24 dwelling units per acre) LOCATION: Southside of I-64 at the end of River Birch Run. TAX MAP SECTION/PARCEL: BOROUGH: Washington - 4 -

6 B. R(C) PROJECT: 620 School House Road Rezoning APPLICANT: Mr. & Mrs. Porter L. Young AGENCY: WPL/Kaufman & Canoles, PC PROPOSAL: A conditional zoning reclassification of 6.57 acres from RE-1, Residential Estate District to R-15s, Residential District. PROPOSED COMP LAND USE & DENSITY: Low Density Residential with up to 4 units per acre EXISTING COMP LAND USE & DENSITY: Low Density Residential with up to 4 units per acre LOCATION: 620 School House Road TAX MAP SECTION/PARCEL: BOROUGH: Butts Road (2) RESIGNATIONS FROM BOARDS AND COMMISSIONS A. Lynn R. Roberson Chesapeake Animal Control Advisory Board B. B.Y. Hartung Chesapeake Commission on Substance Abuse C. Herb F. Poindexter Mosquito Control Commission (deceased) City Attorney Items (1) #08-R-091 RESOLUTION REQUESTING THE PLANNING COMMISSION TO CONSIDER AND MAKE RECOMMENDATIONS CONCERNING PROPOSED AMENDMENTS TO SECTION OF THE CHESAPEAKE ZONING ORDINANCE TO REDUCE ZONING PERMIT FEES ASSOCIATED WITH TENTS ERECTED ON A TEMPORARY BASIS. (2) #08-R-092 RESOLUTION REQUESTING THE PLANNING COMMISSION TO CONSIDER AND MAKE RECOMMENDATIONS CONCERNING PROPOSED AMENDMENTS TO ARTICLE 1, SECTION , OF THE CHESAPEAKE ZONING ORDINANCE TO ALLOW ADMINISTRATIVE EXTENSIONS OF CONDITIONAL USE PERMITS APPROVED FOR CHURCHES. Mayor Krasnoff asked Council Members if there were any items they wished to have removed for consideration under the Regular Agenda. There were none. Council Member Parker, on a motion seconded by Council Member Ward, moved approval of the Consent Agenda, as presented. There was no discussion. On the motion for approval of the Consent Agenda, as presented, voting yes: Council Members Hayes, Krasnoff, Parker, Ritter, Ward, West and Willis. Voting no: None (Vice Mayor de Triquet and Council Member Collins were excused) REGULAR AGENDA City Manager Items (1) A. #08-O-157 REQUEST FOR APPROPRIATION OF $5.8 MILLION IN REIMBURSABLE FUNDS TO THE FY CAPITAL BUDGET FOR THE LEASE PURCHASE OF FIRE PUMPER APPARATUS FIRE DEPARTMENT/FINANCE DEPARTMENT - 5 -

7 City Manager Harrell presented the item with a request for approval as an emergency action. Council Member Parker, on a motion seconded by Council Member Ritter, moved approval of the Appropriation, as presented and as an emergency action. Council Member Willis requested that City Manager Harrell provide clarification of the connection between the current rolling stock policy and this purchase. City Manager Harrell asked Deputy City Manager Betty Jean Meyer to respond. Deputy City Manager Meyer noted that under the agreement reached with the company, the City could purchase 10 replacement fire trucks at 2007 prices and would use the Lease Purchase Funds Program over the next five years to repay the debt. Council Member Willis inquired if any other vehicles scheduled for purchase would be affected by this transaction; Deputy City Manager Meyer stated that it would not affect any other scheduled purchases. There was no further discussion. On the motion for approval of the Appropriation, as presented and as an emergency action, voting yes: Council Members Hayes, Krasnoff, Parker, Ritter, Ward, West and Willis. Voting no: None (Vice Mayor de Triquet and Council Member Collins were excused) B. #08-R-093 CONSIDERATION OF A RESOLUTION OF OFFICIAL INTENT TO REIMBURSE EXPENDITURES WITH PROCEEDS OF A BORROWING FIRE DEPARTMENT/ FINANCE DEPARTMENT City Manager Harrell presented the item. Council Member Parker, on a motion seconded by Council Member Ward, moved approval of the Resolution, as presented. There was no discussion. On the motion for approval of the Resolution, as presented, voting yes: Council Members Hayes, Krasnoff, Parker, Ritter, Ward, West and Willis. Voting no: None (Vice Mayor de Triquet and Council Member Collins were excused) (2) CITY MANAGER UPDATES City Manager Harrell provided an update on the Butts Station Road Drainage Improvements Project including the removal of trees behind the Greystone community. He stated that construction had been halted and Public Works was reviewing the stormwater model to analyze the impact of excluding the improvements behind the Greystone community. Mr. Harrell advised that an updated report would be provided detailing the results of the study and the recommended actions

8 City Manager Harrell reported on the Ohio Street Corridor and Community Crime Prevention Strategies. He noted the lighting upgrades on Ohio Street were projected to be completed within 60 days and stated that a traffic light would be added at the intersection of Ohio Street and Commerce Avenue. Mr. Harrell announced a pre-holiday community clean-up scheduled for the second week of December. He advised that a Special Enforcement Zone had been established by the Police Department s 2 nd Precinct and an officer was assigned to patrol the zone during day and night shifts; grant funds were being sought to support a security camera pilot project in the area; and that a Neighborhood Watch had been organized in that corridor with a membership of almost 150 residents. City Manager Harrell addressed the implementation of Citizen Engagement and stated that since July 2008, community meetings had galvanized broad citizen participation in an effort to deter violent crimes and move Chesapeake from reactionary dialogue to active, hands-on participation in crime prevention. He noted that community action teams had fostered public/private partnerships to focus on contributing factors of violence. Mr. Harrell stated that a community meeting had been held on November 17, 2009 at Truitt Intermediate School with more than 125 stakeholders participating and announced a gun buy-back program suggested by citizens scheduled for December 6, There were formed Action Teams created to address the problems of youth violence. CITIZENS COMMENTS ON THE SERVICES, POLICIES, AND AFFAIRS OF THE CITY (NON AGENDA SPEAKERS) City Clerk Moore identified the following speaker: Mike Custer, 644 Independence Parkway, Suite 300, representing McDonald s Restaurant, to discuss drive-through menu board size, was not present when called. Mayor Krasnoff asked City Manager Harrell to have staff contact Mr. Custer concerning the issue. COMMITTEE REPORTS Mayor Krasnoff called on Council Members for Committee Reports starting with Council Member Hayes. Council Member Hayes, as a liaison to Hampton Roads Transit (HRT), announced a Public Hearing on the Light Rail Project scheduled for Thursday, December 11, Council Member West stated that HRT was trying to achieve mass transit throughout Hampton Roads and remarked that the City should be involved in the mass transit movement. Council Member Parker noted his attendance at a recent meeting held in the Western Branch borough chaired by Dr. Wanda Bernard-Bailey and Police - 7 -

9 Chief Kelvin Wright dealing with youth and community issues. Council Member Ritter noted the press conference held on December 8, 2008 by the Chemical Safety Board concerning the chemical tank collapse in the South Mills community and commented on the professional and knowledgeable manner in which the City s Emergency Management Team had participated in the conference. Council Member Ritter thanked Congressman J. Randy Forbes for his assistance in getting the Chemical Safety Board involved and noted that a critical issue that came out during the meeting was that there was no clear regulatory oversight for this type of chemical storage and needed to be addressed. Council Member Ward, as a School Board Liaison, commented on the Visual Art Students artwork displayed on the 4 th floor of the Chesapeake Circuit Court Building. Dr. Ward complimented Choral Director Joey Parish from Grassfield High School on the musical presentation she attended Sunday, December 7, Council Member Ward commended the staff and players at Oscar Smith High School for winning the State AAA Varsity Football Championship, for Division 6. Council Member Willis, as Parks and Recreation Liaison, thanked Parks and Recreation Department staff and Special Programs Coordinator Gail Bradshaw for their coordination of the Tree Lighting Ceremony held on December 6, She also complimented the Great Bridge Jaycees and Parade Chair Renee Leftwich for the 2008 Christmas Parade. Mayor Krasnoff offered congratulations to Miss Rosemary Willis, daughter of Council Member Patricia Pritchard Willis, on winning Miss Indian River High School. OLD AND NEW BUSINESS Mayor Krasnoff called on Council Members for Old and New Business. Council Member Ritter advised that she had spoken to Neighborhood Services Director Patrick Hughes concerning enforcement efforts on illegal signs throughout the City. She noted an excess of illegal signs on poles around Butts Road Primary School. Ms. Ritter requested the schedule for resurfacing of Freeman Avenue and asked that staff come back to Council with a plan for funding from the Tax Increment Financing funds (TIF). Council Member Ward requested a follow-up on street lights that are presently out in the Greenbrier area and inquired about the resurfacing of Portsmouth Boulevard, noting numerous complaints from citizens and businesses. City Manager Harrell offered brief comments concerning the resurfacing of Portsmouth Boulevard and informed Council Members that responses from the Town Meetings would come back in a comprehensive report

10 Council Member West commented that a citizen at a recent Town Meeting had suggested that questions and responses to speakers comments be posted on the City s website, which would provide all Citizens access to the information. City Manager Harrell informed Council that Public Communications would be posting the responses after the Town Meetings on the City s website in the near future. Council Member West suggested that City Manager Harrell look into an inexpensive method to survey of Citizens on possible use of Public Transit, if it increased and available. City Manager Harrell acknowledged the request and informed Council that a follow-up report would be forthcoming. Council Member Willis inquired on the use of trolleys in the Greenbrier/Town Center area for businesses and shoppers. She requested that City Attorney Hallman include an item on the December 16, 2008 agenda requesting Legislative assistance on the issue of utilizing private landfills and haulers. She also asked that information be posted on the City s website informing residents that a pole number was not required when reporting the streetlight outages. Council Member Willis stated that a number of vacant lots in the City were being used as used car lots, one specifically on North Battlefield Boulevard, and requested the enforcement of codes relating to this matter. Council Member Ward added that the Western Branch area was experiencing the same issues with the used car lots in inappropriate locations and asked that Western Branch be included in enforcement efforts. Mayor Krasnoff relinquished the gavel to Council Member Parker. A. RESOLUTION RECOGNIZING THE CONTRIBUTIONS OF CHESAPEAKE BUSINESSES WHICH ARE ESSENTIAL TO THE MAINTENANCE OF A VIBRANT LOCAL ECONOMY AND ENCOURAGING THE PARTICIPATION AND SELECTION OF SUCH BUSINESSES FOR CITY PROJECTS AND PURCHASES WHERE AUTHORIZED UNDER PROCUREMENT LAWS AND PROCEDURES - MAYOR KRASNOFF City Clerk Moore presented the item. Mayor Krasnoff, on a motion seconded by Council Member Hayes, moved approval of the Resolution, as presented. Mayor Krasnoff offered brief comments in support of the Resolution and stated that it could be viewed as a stimulus package for local businesses during tough economic times. Council Member Willis asked City Attorney Hallman to provide additional information on the Resolution. City Attorney Hallman advised that the Resolution would not give preference to local businesses, but would recognize the benefits of local businesses

11 Council Member Ritter requested additional clarification from City Attorney Hallman and suggested that the Resolution be rewritten. Ms. Ritter stated that as written, the Resolution may be interpreted as a directive from Council. Council Member Willis, on a substitute motion seconded by Council Member Ritter, moved to continue the Resolution to the December 16, 2008 City Council Meeting. There were additional comments by Council Members Hayes and Ritter concerning clarification of the Resolution. City Attorney Hallman requested suggestions from Council Members concerning possible changes in the language of the Resolution. On the substitute motion for continuance of the Resolution to the December 16, 2008 City Council Meeting, voting yes: Council Members Hayes, Parker, Ritter, Ward, and Willis. Voting no: Mayor Krasnoff and Council Member West (Vice Mayor de Triquet and Council Member Collins were excused) CLOSED SESSION City Attorney Hallman provided the following language for a Closed Session: That the City Council conduct a Closed Session on December 16, 2008 at 4:00 p.m. in the Human Resources Conference Room, 4 th floor, of the City Hall Building, to consult with legal counsel regarding legal issues requiring the provision of legal advice, pursuant to Virginia Code Section A.7. Council Member Ward, on a motion seconded by Mayor Krasnoff, moved approval of a Closed Session to be held on December 16, 2008 at 4:00 p.m. Council Member Ritter asked City Attorney Hallman if this was concerning an agenda item and he stated it was not. There was no further discussion. On the motion for approval of a Closed Session to be held on December 16, 2008 at 4:00 p.m. voting yes; Council Members Hayes, Krasnoff, Parker, Ritter, Ward, West and Willis. Voting no: None (Vice Mayor de Triquet and Council Member Collins were excused) Council Member Parker returned the gavel to Mayor Krasnoff. Mayor Krasnoff asked that Vice Mayor de Triquet and Council Member Collins be advised of the Closed Session scheduled for December 16,

12 BENEDICTION Council Member Parker offered the Benediction. ADJOURNMENT With there being no further business to discuss, Mayor Krasnoff adjourned the meeting at 7:42 p.m. /smu Attest: Mayor City Clerk