City Council Work Session June 25, 2013 A Regular Work Session of the Chesapeake City Council was held June 25, 2013 at 5:00 p.m., in the City Hall Building, 306 Cedar Road. Present: Council Member Lonnie E. Craig Vice Mayor John de Triquet Council Member Robert C. Ike, Jr. Council Member Suzy H. Kelly Mayor Alan P. Krasnoff Council Member S. Z. Debbie Ritter Council Member Ella P. Ward Council Member Richard Rick West ABSENT: Council Member Scott W. Matheson (excused) Present from Administration: City Manager James Baker, City Attorney Jan Proctor, Deputy City Manager Wanda Barnard-Bailey, City Clerk Dolores Moore, Director of Economic Development Steven Wright, Director of Finance Nancy Tracy, Director of Public Works Eric Martin, Assistant to the City Manager Anna D Antonio, and other staff members. Also Present: Barbara Carraway, City Treasurer Robert Lauterberg, Director, Virginia Municipal League/ Virginia Association of Counties (VML/VACo) Finance Steve Mulroy, Deputy Director, Virginia Municipal League/ Virginia Association of Counties (VML/VACo) Finance The following topics were discussed during the Work Session: (1) Position Management/Budget Transfers (2) Investment Pool Agreement City Treasurer The Work Session adjourned at 5:43 p.m. /mbw - 1 -
Regular City Council Meeting June 25, 2013 A Regular Meeting of the Chesapeake City Council was called to order by Mayor Alan P. Krasnoff on June 25, 2013 at 6:30 p.m. in the City Hall Building, 306 Cedar Road. INVOCATION: Council Member Robert C. Ike, Jr. PLEDGE OF ALLEGIANCE: Travis Arrington, a recent graduate from Oscar Smith High School. ROLL CALL BY CLERK OF COUNCIL: Present: Council Member Lonnie E. Craig Vice Mayor John de Triquet Council Member Robert C. Ike, Jr. Council Member Suzy H. Kelly Mayor Alan P. Krasnoff Council Member Scott W. Matheson Council Member S.Z. Debbie Ritter Council Member Ella P. Ward Council Member Richard Rick West Absent: None Present from the Administration: City Manager James Baker, City Attorney Jan Proctor, Deputy City Manager Wanda Barnard-Bailey, City Clerk Dolores Moore, Planning Director Jaleh Shea, and other staff members. APPROVAL OF MINUTES Mayor Krasnoff advised that the minutes of the Work Sessions and Regular City Council Meetings of April 23, May 14, and May 21, 2013 were presented for approval. Vice Mayor de Triquet, on a motion seconded by Council Member Ward, moved approval of the minutes of the Work Sessions and Regular City Council Meetings of April 23, May 14, and May 21, 2013, as presented. On the motion to approve the minutes of the Work Sessions and Regular City Council Meetings of April 23, May 14, and May 21, 2013, as presented, voting yes: Council Members Craig, de Triquet, Ike, Kelly, Krasnoff, Matheson, Ritter, Ward and West. Mayor Krasnoff relinquished the gavel to Vice Mayor de Triquet. CERTIFICATES OF RECOGNITION 50th Anniversary Celebration Events - July 2013 Mayor Krasnoff called 50 th Anniversary Executive Committee Chairman Roland Davis, Parks and Recreation Director Michael Barber, Parks and Recreation Specialist II Sally Triolet, Dunedin Civic League President Pauline Miller, and South Norfolk 4th of July Parade Coordinator Brenda Johnson forward to accept the certificates. - 2 -
Mr. Davis highlighted the official 50th Anniversary Events for July 2013 and presented the Certificates of Recognition for the Celebrate Freedom Day, Dunedin Community Spirit Day, and the South Norfolk 4th of July Parade. Mr. Davis thanked City Council Members for supporting Chesapeake s 50 th Anniversary Celebration. SPECIAL PRESENTATION Department of Economic Development Mayor Krasnoff called Economic Development Director Steven Wright, Chesapeake Care Clinic Executive Director Cathy Revell and Board member Phil Johnson, Enviva Assistant Logistics Manager Tammara Baker, Sumitomo Drive Technologies President/CEO Ronald Smith and staff members Jim Solomon and Jim Travers, Economic Development Authority members Russell Hanson, Jerry Grizzard, and Roland Davis, and Port Authority member Paul Horsboll to the podium for the Special Presentation. Mr. Wright offered comments on the 13 th Annual Chesapeake Business Appreciation Golf Classic & Cookout held on May 17, 2013. Mr. Wright recognized and thanked the Economic Development Authority and the Port Authority for sponsoring the golf tournament. Chesapeake Care Clinic was the charity selected to receive the golf tournament proceeds. Mr. Wright presented a check in the amount of $5,714.00 to Ms. Revell who offered her thanks and appreciation to the community and sponsors for supporting the golf tournament. Mr. Wright spoke about and recognized the 2013 Business Appreciation Business of the Year, Enviva; and the 2013 Business Appreciation Waterfront Business of the Year, Sumitomo Drive Technologies. Ms. Baker (Enviva) and Mr. Smith (Sumitomo Drive Technologies) offered their thanks and appreciation for the recognition. APPLICANTS, AGENTS, AND CITIZENS COMMENTS ON PUBLIC HEARING ITEM City Clerk Moore stated there were no speakers prior to the presentation of the Public Hearing Item. PUBLIC HEARING ITEM A. UP-13-04 Wawa at Green Tree Road Marketplace APPLICANT: AH Greentree, LLC AGENCY: Kimley-Horn & Associates, Inc. PROPOSAL: A conditional use permit to allow the operation of a convenience store and a gas station on a 12.84 acre site. ZONE: B-2, General Business District SIC CODE: 5411 LOCATION: 724 Green Tree Road TAX MAP SECTION/PARCEL: 0370000000171 BOROUGH: Washington (Continued from the May 21, 2013 and June 18, 2013 City Council meetings) The Planning Commission recommends approval with the following stipulations: 1. The applicant/owner agrees that no outdoor public telephones shall be permitted. - 3 -
2. The applicant/owner agrees to take all action necessary to prohibit loitering as defined in Section 46-13 of the City Code. 3. The applicant/owner agrees to keep the property in a clean and well-maintained condition at all times. 4. The applicant/owner agrees that no loudspeakers shall be permitted on the subject site, with the exception of localized speakers at the individual gas pumps and speakers under the canopy that will only play music at a level not audible outside the property. 5. The applicant/owner agrees that no advertising shall be permitted on proposed pump island canopy. 6. The applicant/owner agrees that the architectural design of the convenience store building and the fuel supply station canopy shall be in conformance with the architectural rendering dated March 25, 2013. The architectural plans shall be approved by the Planning Director or designee prior to final site plan approval. 7. The applicant/owner agrees to restrict the wall signage of the convenience store building to one wall sign facing Kempsville Road as shown on the approved architectural rendering dated March 25, 2013 and one wall sign facing Green Tree Road as depicted on the approved architectural sign rendering dated July 5, 2011. 8. The applicant/owner agrees that the proposed free standing signs shall be architecturally compatible with the approved architectural renderings referenced in stipulation #7 as determined by the Planning Director or designee prior to final site plan approval. The applicant/owner further agrees not to construct an electronic message board, noting however, that the gas prices will be digitally lit. 9. The applicant/owner agrees that all HVAC equipment and refrigeration units for the building shall be adequately screened as shown on the approved architectural rendering referenced in stipulation #6 as determined by the Planning Director or designee prior to final site approval. 10. The applicant/owner agrees that all site and building mounted lights shall be LED with foot-candle readings that do not exceed 0.5 foot-candles at all property lines. Site lights shall be mounted on poles that do not exceed 25 in height. Canopy lights shall be fully recessed. 11. The applicant/owner shall restrict dumpster service on the site by only scheduling pickup between the hours of 7 a.m. and 10 p.m. 12. The applicant/owner agrees to install and maintain all landscape material shown on the approved preliminary site plan. Such materials shall be approved by the City Arborist and installed prior to issuance of a certificate of occupancy. 13. The site plan exhibit shall not be construed as indicating final site plan improvements. The applicant/owner shall submit final construction plans for - 4 -
review in accordance with City of Chesapeake design criteria & policies, codes, ordinances and procedures. The applicant/owner agrees to provide public and on-site improvements as required, subject to the approval of the Department of Development and Permits. All required improvements shall be completed prior to issuance of a Certificate of Occupancy. 14. The applicant/owner agrees to install a sidewalk along Greentree Road within the City of Chesapeake Right of Way as shown on the approved preliminary site plan. The applicant has submitted the following revised and additional stipulations for consideration: 10. The applicant/owner agrees that all site and building mounted lights shall be LED with foot-candle readings that do not exceed 0.5 foot-candles at all property lines. Site lights shall be mounted on poles that do not exceed 20 in height. Canopy lights shall be fully recessed. 11. The applicant/owner shall restrict dumpster service on the site by only scheduling pickup between the hours of 8 a.m. and 10 p.m. 15. The applicant/owner shall dedicate and provide the right-of-way necessary for construction of a condensed section right turn lane onto Green Tree Road lane along the westbound Kempsville Road. The dedication shall be completed within 10 days after site plan approval is issued for the Wawa development on the outparcel. 16. The applicant/owner at their sole cost and expense shall provide berms on the Green Tree Road frontage with landscaping (trees and shrubs) on the berm to add to the height and screening in this area. The berm and landscaping shall be shown on the preliminary site plan and installed prior to the certificate of occupancy. 17. The applicant/owner shall reimburse the City for the acquisition cost up to a maximum of $10,000 for a visibility easement at the northwest corner of the Woodspring Arch and Green Tree Road intersection. The easement acquisition costs previously mentioned shall be paid by the applicant/owner to the City within 10 days of the acquisition of the easements by the City. Further, once the easement is acquired, the applicant/owner at their sole cost and expense shall remove vegetation and relocate fences within the limits of the aforementioned easement to improve the sight visibility for motorists at this intersection. The City will use its best efforts to acquire the visibility easement however nothing herein shall obligate the City to make the acquisition if the landowner is not willing to convey the easement at a price not exceeding fair market value. City Attorney Proctor suggested the following additional stipulation be considered: 18. The applicant/owner shall contribute its pro-rated share of costs for any traffic signal installed at the intersection of Green Tree Road and - 5 -
Woodspring Arch. The signal may be installed at such time that the City Manager or his designee determines the signal is required in the interest of public safety. The applicant/owner s pro-rated share shall be determined by the Director of Development and Permits and shall be paid by the applicant/owner prior to issuance of a certificate of occupancy. Nothing herein shall require the City to install a traffic signal at the intersection of Green Tree Road and Woodspring Arch. City Clerk Moore presented the item and identified the following speakers in support of UP-13-04: Randy Royal, 501 Independence Parkway, Suite 300, representing Wawa Marketplace at Green Tree Road. Tony Nero, 222 Central Drive, Virginia Beach, representing Armada Hoffler, was available for questions. Chris Odle, 222 Central Drive, Virginia Beach, representing Armada Hoffler, was available for questions. City Clerk Moore identified the following speakers in opposition to UP-13-04: Thomas Arrington, 305 Stonewood Court, representing self. Susan Lewis, 409 Woodspring Arch, representing self and Oakbrooke Meadows Civic League. Terence Newton, 412 Woodspring Arch, representing self. Robert Raper, 513 King Maple Court, representing self. Terese Raper, 513 King Maple Court, representing self. Council Member West, on a motion second by Council Member Ike, moved approval of UP-13-04, with the revised stipulations as offered by the applicant through #17, as presented. Council Member West offered comments of support for the application and stated that there would be time for staff to address the community s safety concerns, if the motion was approved. Council Member Ritter asked Director of Development and Permits Jay Tate to the podium to address her questions regarding the build out of the entire parcel. Discussion continued between Council Member Ritter and Mr. Tate regarding the use permit requirement because of the gas pumps requested; the contemplated improvements on Green Tree Road associated with the full development of the parcel; and the suggested alternatives for improvement of safety at the Woodspring Arch/Green Tree Road intersection. Council Member Ritter initiated discussion on stipulation #18, as suggested by City Attorney Proctor, and noted it would be unfortunate for the City to give up the potential of the pro-rata share, if a stop light was needed in the future. Council Member Ritter requested that Council Members West and Ike (maker and seconder of the motion on the floor) consider including stipulation #18 with the deletion of shall be paid by the applicant/owner prior to issuance of a certificate of occupancy language. - 6 -
Vice Mayor de Triquet requested that City Attorney Proctor comment on the revised language, as suggested by Council Member Ritter. City Attorney Proctor advised there was a pro-rata policy for traffic signalization in the Public Facilities Manual, and that the stipulation facilitated implementation of the policy. Vice Mayor de Triquet requested that City Attorney Proctor read the amended language in stipulation #18 for consideration by the maker and seconder of the motion. City Attorney Proctor read amended stipulation #18 into the record as follows: The applicant/owner shall contribute its pro-rated share of costs for any traffic signal installed at the intersection of Green Tree Road and Woodspring Arch. The signal may be installed at such time that the City Manager or his designee determines the signal is required in the interest of public safety. The applicant/owner s pro-rated share shall be determined by the Director of Development and Permits and nothing herein shall require the City to install a traffic signal at the intersection of Green Tree Road and Woodspring Arch. Vice Mayor de Triquet called the agent for the applicant, Randy Royal, to the podium for comment on the amended language for stipulation #18. Mr. Royal stated the amended language was unacceptable because it left the owner/applicant open in perpetuity for a pro-rata share of a traffic signal at that location. He further stated that even though the owner/applicant did not agree with the stipulation, there should be a sunset clause if the stipulation were to be considered. Council Member West declined to add stipulation #18 with amended language to the motion for approval. Council Member Ritter called on City Attorney Proctor to explain the difference in a rezoning using proffers and a use permit using stipulations. City Attorney Proctor explained that a conditional rezoning could carry proffers offered voluntarily by an applicant and that the City could not impose proffers on a rezoning applicant. She explained that with a conditional use permit the City may attach stipulations which were conditions of approval. Council Member Ritter initiated discussion with Mr. Tate and Mr. Royal on the approximate value of the pro-rata share of a traffic signal. Mr. Tate explained the calculation was based on the amount of traffic exiting at that location from the proposed shopping center, and suggested ten percent of the total cost of a traffic signal. Mr. Royal suggested the cost of a traffic signal was approximately $300,000, and he stated the applicant/owner would be willing to stipulate a prorata share of $30,000 provided there was a sunset clause of five years. Vice Mayor de Triquet called on City Attorney Proctor for comment. City Attorney Proctor stated the stipulation could be amended to read, The applicant/owner shall contribute its pro-rated share of costs for any traffic signal installed at the intersection of Green Tree Road and Woodspring Arch within five years of June 25, 2013. The signal may be installed at such time that the City Manager or his designee determines that the signal is required in the interest of - 7 -
public safety. The applicant/owner s pro-rated share shall be determined by the Director of Development and Permits based on the amount of traffic generated by the subject development in relation to the amount of traffic generated from the development of Green Tree Shopping Center, said amount not to exceed the sum of $30,000. Nothing herein shall require the City to install a traffic signal at the intersection of Green Tree Road and Woodspring Arch. Council Member West accepted stipulation #18 with the amended language, as stated by City Attorney Proctor, and Council Member Ike stated that he would agree to the stipulation as second to the motion. There was no further discussion. On the motion to approve UP-13-04 with revised stipulations and the additional stipulation #18 with amended language by the City Attorney, to read: 18. The applicant/owner shall contribute its pro-rated share of costs for any traffic signal installed at the intersection of Green Tree Road and Woodspring Arch within five years of June 25, 2013. The signal may be installed at such time that the City Manager or his designee determines that the signal is required in the interest of public safety. The applicant/owner s pro-rated share shall be determined by the Director of Development and Permits based on the amount of traffic generated by the subject development in relation to the amount of traffic generated from the development of Green Tree Shopping Center, said amount not to exceed the sum of $30,000. Nothing herein shall require the City to install a traffic signal at the intersection of Green Tree Road and Woodspring Arch, as presented, voting yes: Council Members Craig, de Triquet, Ike, Kelly, Krasnoff, Matheson, Ritter, Ward and West. Vice Mayor de Triquet relinquished the gavel to Mayor Krasnoff. 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 into the record. Mayor Krasnoff asked if there were any items City Council Members wished to have removed from the Consent Agenda for consideration under the Regular Agenda. There was none. Vice Mayor de Triquet, on a motion seconded by Council Member Ward, moved approval of the Consent Agenda, as presented. On the motion to approve the Consent Agenda, as presented, voting yes: Council Members Craig, de Triquet, Ike, Kelly, Krasnoff, Matheson, Ritter, Ward and West. - 8 -
City Clerk Items (1) REFUNDS A. Allied Terminals Inc. - $8,512.37 B. Greenhorne & O Mara, Inc. - $3,054.77 (2) RESIGNATIONS A. Renee Walker Chesapeake Community Criminal Justice Board B. Rick Russ Chesapeake Port Authority C. Mark Puster Local Board of Building Code Appeals D. Mia Poston Natural Event Mitigation Advisory Committee E. John Stoddard Natural Event Mitigation Advisory Committee F. Richard Broad Stormwater Committee (3) ACKNOWLEDGEMENTS 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 July 10, 2013 and will be considered by City Council at a future meeting. A. R(C)-13-02 Centerville Commons Expansion APPLICANT: Centerville 40, LLC AGENCY: Wooten & Shaddock, PLC PROPOSAL: A conditional zoning reclassification of approximately 19.9 acres from A-1, Agricultural District (18.9 acres) and R-15s, Residential District (2 acres), to R-8, Residential District, for the development of single family homes. PROPOSED COMP LAND USE / DENSITY: Low Density Residential EXISTING COMP LAND USE / DENSITY: Low Density Residential LOCATION: 1728 Elbow Road TAX MAP SECTION/PARCELS: 0390000000300, 0390000000302 BOROUGH: Washington B. R(C)-13-05 Brooks Run APPLICANT: TITAN Development LLC AGENCY: Wooten & Shaddock, PLC PROPOSAL: A conditional zoning reclassification of approximately 50.1 acres from A-1, Agricultural District, to R- 15s, Residential District, for the development of single family homes. PROPOSED COMP LAND USE / DENSITY: Low Density Residential EXISTING COMP LAND USE / DENSITY: Low Density Residential LOCATION: Adjacent to Olde Mill Run Subdivision, West Side TAX MAP SECTION/PARCELS: 0440000000120, 0330000000070 BOROUGH: Deep Creek C. R(C)-13-09 Cedar Road Self Storage APPLICANT: Burnette Capital, Inc. AGENCY: Shepelle Watkins-White Consulting & Law, PLLC PROPOSAL: A conditional zoning reclassification of approximately 1.6 acres from R-15s, Residential District, (0.88 acre) and O&I, Office and Institutional District, (0.72 acre) to B-2, General Business District. PROPOSED COMP LAND USE / DENSITY: Business/Commercial EXISTING COMP LAND USE / - 9 -
DENSITY: Low Density Residential LOCATION: 1301 Cedar Road TAX MAP SECTION/PARCEL: 0460000000013 BOROUGH: Pleasant Grove D. R(C)-13-10 Brightleaf Commons APPLICANT: Kotarides Developers, LLC PROPOSAL: A conditional zoning reclassification of approximately 11.92 acres from R-15, Residential District (1.68 acres) and A-1, Agricultural District (10.24 acres) to R-MF-1, Multi-Family District (4.03 acres) and C-1, Conservation District (7.89 acres) to construct single family detached condominiums. PROPOSED COMP LAND USE / DENSITY: Low Density Residential EXISTING COMP LAND USE / DENSITY: Low Density Residential LOCATION: 1248 Kempsville Road TAX MAP SECTION/PARCEL: 0380000001020 BOROUGH: Washington City Manager Items Position Management (1) A. CONSIDERATION OF A REQUEST THAT CITY COUNCIL AUTHORIZE THE CITY MANAGER TO APPROVE A REQUEST FROM THE DEPARTMENT OF PUBLIC WORKS TO REALLOCATE A VACANT FULL-TIME ENGINEER III POSITION TO A PART-TIME ENGINEER III POSITION DEPARTMENT OF PUBLIC WORKS Budget Transfers (2) A. CONSIDERATION OF A REQUEST THAT CITY COUNCIL TRANSFER OF $15,000 FROM THE DEEP CREEK PARK PROJECT TO THE CONSOLVO PARK PROJECT DEPARTMENT OF PUBLIC WORKS B. CONSIDERATION OF A REQUEST THAT CITY COUNCIL TRANSFER OF $21,564 FROM GENERAL EXPENSES TO CAPITAL OUTLAY AS A RESULT OF THE PURCHASE OF TWO HP SERVER BLADES COSTING GREATER THAN $5,000 DEPARTMENT OF INFORMATION TECHNOLOGY C. CONSIDERATION OF A REQUEST THAT CITY COUNCIL TRANSFER OF $40,800 FROM MEDICAL INSURANCE - RETIREES TO NON- DEPARTMENTAL HAMPTON ROADS TRANSIT OPERATING AGREEMENT FOR INCREASED BILLING FOR FY 2012 BUDGET OFFICE D. CONSIDERATION OF A REQUEST THAT CITY COUNCIL TRANSFER OF $49,212.15 FROM GENERAL EXPENSES TO CAPITAL OUTLAY FOR THE PURCHASE OF EQUIPMENT COSTING GREATER THAN $5,000 OFFICE OF THE SHERIFF E. CONSIDERATION OF A REQUEST THAT CITY COUNCIL TRANSFER OF $67,484.90 FROM GENERAL EXPENSES TO CAPITAL OUTLAY AS A RESULT OF THE PURCHASE OF REDUNDANCY / DISASTER - 10 -
RECOVERY HARDWARE COSTING GREATER THAN $5,000 DEPARTMENT OF INFORMATION TECHNOLOGY F. CONSIDERATION OF A REQUEST THAT CITY COUNCIL TRANSFER OF $103,572 FROM GENERAL EXPENSES TO CAPITAL OUTLAY AS A RESULT OF THE PURCHASE OF A PRINTER AND A PRINTER/COPIER COSTING GREATER THAN $5,000 DEPARTMENT OF INFORMATION TECHNOLOGY G. CONSIDERATION OF A REQUEST THAT CITY COUNCIL TRANSFER OF $65,000 AND $72,600 IN VACANCY SAVINGS TO GENERAL EXPENSES IN THE SEWER OPERATING DIVISION AND THE WATER OPERATING DIVISION RESPECTIVELY DEPARTMENT OF PUBLIC UTILITIES H. CONSIDERATION OF A REQUEST THAT CITY COUNCIL TRANSFER OF $241,000 FROM PERSONAL SERVICES ACCOUNTS IN THE OFFICE OF THE SHERIFF TO THE JAIL CAPITAL FUND FOR IMPROVED SECURITY BUDGET OFFICE I. CONSIDERATION OF A REQUEST THAT CITY COUNCIL TRANSFER OF $8,424 IN CAPITAL OUTLAY FOR MOUNTING BRACKETS FOR PUBLIC SAFETY RADIOS TO GENERAL EXPENSES AS A RESULT OF THE INDIVIDUAL BRACKETS COSTING LESS THAN $5,000 DEPARTMENT OF INFORMATION TECHNOLOGY J. CONSIDERATION OF A REQUEST THAT CITY COUNCIL TRANSFER OF $38,358.40 IN CAPITAL OUTLAY FOR PUBLIC SAFETY RADIOS TO GENERAL EXPENSES AS A RESULT OF THE INDIVIDUAL RADIOS COSTING LESS THAN $5,000 DEPARTMENT OF INFORMATION TECHNOLOGY K. CONSIDERATION OF A REQUEST THAT CITY COUNCIL TRANSFER OF $44,676.19 IN GENERAL EXPENSES TO CAPITAL OUTLAY FOR THE PURCHASE OF EQUIPMENT COSTING GREATER THAN $5,000 DEPARTMENT OF HUMAN SERVICES / CHESAPEAKE JUVENILE SERVICES (3) #13-O-070 CONSIDERATION OF A REQUEST FOR APPROPRIATION OF $24,505 IN TRAINING ACADEMY FEE REVENUE POLICE DEPARTMENT (4) #13-O-071 CONSIDERATION OF A REQUEST FOR APPROPRIATION OF $109,690 IN SEIZED ASSET FUNDS ALLOCATED BY THE VIRGINIA DEPARTMENT OF CRIMINAL JUSTICE SERVICES AND THE U.S. - 11 -
DEPARTMENT OF JUSTICE OFFICE OF THE COMMONWEALTH S ATTORNEY / OFFICE OF THE SHERIFF / POLICE DEPARTMENT (5) #13-O-072 CONSIDERATION OF A REQUEST TO DE-APPROPRIATE THE STATE PORTION OF NON-ACTUALIZED MATCHING GRANT FROM THE VIRGINIA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES DEPARTMENT OF PLANNING City Attorney Items (1) #13-O-073 AN ORDINANCE AMENDING CHAPTER 30 OF THE CHESAPEAKE CITY CODE, ENTITLED FINANCE AND TAXATION, SECTION 30-102, SUBSECTIONS (A), (B), (D), AND (E) THEREOF, TO PROVIDE FOR THE APPOINTMENT BY THE CIRCUIT COURT OF ALTERNATE MEMBERS TO THE BOARD OF EQUALIZATION, AND TO CONFORM WITH 2013 AMENDMENTS TO 58.1-3370, ET SEQ., OF THE CODE OF VIRGINIA, 1950, AS AMENDED (2) #13-O-074 AN ORDINANCE AMENDING THE CHESAPEAKE CITY CODE, CHAPTER 2, ENTITLED ADMINISTRATION, DIVISION 15, ENTITLED HUMAN SERVICES ADVISORY BOARD, SECTIONS 2-611, 2-612, AND 2-613 THEREOF, TO CONFORM WITH RECENT CHANGES TO 63.2-305 OF THE CODE OF VIRGINIA, 1950, AS AMENDED REGULAR AGENDA City Manager Items (6) #13-O-075 CONSIDERATION OF A REQUEST FOR EMERGENCY APPROPRIATION OF $32,747 IN ESTIMATED COURT APPOINTED SPECIAL ADVOCATE (CASA) GRANT REVENUE, AND TRANSFER OF $10,916 FROM THE SMALL GRANT MATCH CONTINGENCY FOR THE BUREAU OF COMMUNITY PROGRAMS BUDGET OFFICE. City Manager Baker presented the item for approval as an emergency action. Vice Mayor de Triquet, on a motion seconded by Council Member Ward, moved approval of the Appropriation, as presented, and as an emergency action. On the motion to approve the Appropriation, as presented, and as an emergency action, voting yes: Council Members Craig, de Triquet, Ike, Kelly, Krasnoff, Matheson, Ritter, Ward and West. (7) #13-O-076 CONSIDERATION OF AN ORDINANCE AMENDING AN ORDINANCE WHICH WAS ADOPTED ON MAY 14, 2013, AND AMENDED ON JUNE 11, 2013, MAKING APPROPRIATIONS FOR THE FISCAL YEAR BEGINNING JULY 1, 2013, AND ENDING JUNE 30, 2014, TO PRESCRIBE THE TERMS AND PAYMENT AND TO REPEAL ALL ORDINANCES WHOLLY IN CONFLICT WITH THIS ORDINANCE BUDGET OFFICE / CHESAPEAKE PUBLIC SCHOOLS City Manager Baker presented the item for approval. - 12 -
Council Member Ward, on a motion seconded by Council Member West, moved approval of the Ordinance, as presented. On the motion to approve the Ordinance, as presented, voting yes: Council Members Craig, de Triquet, Ike, Kelly, Krasnoff, Matheson, Ritter, Ward and West. (8) #13-O-077 CONSIDERATION OF A REQUEST FOR APPROPRIATION OF $515,000 IN PARKS AND RECREATION FUND BALANCE FUNDS EFFECTIVE JULY 1, 2013 FOR PRIORITY RENOVATION AND MAINTENANCE PROJECTS DEPARTMENT OF PARKS AND RECREATION City Manager Baker presented the item for approval. Council Member Ike, on a motion seconded by Council Member Matheson, moved approval of the Appropriation, as presented. On the motion to approve the Appropriation, as presented, voting yes: Council Members Craig, de Triquet, Ike, Kelly, Krasnoff, Matheson, Ritter, Ward and West. (9) #13-R-041 CONSIDERATION OF A NON-BINDING RESOLUTION EXPRESSING SUPPORT OF REGIONAL EFFORTS TO MANAGE SOLID WASTE IN SOUTHSIDE HAMPTON ROADS AFTER JANUARY 24, 2018, UNDER CERTAIN TERMS AND CONDITIONS DEPARTMENT OF PUBLIC WORKS (Continued from June 11, 2013 City Council Meeting) City Manager Baker presented the item for approval. Council Member Kelly, on a motion seconded by Council Member Ike, moved approval of the Resolution, as presented. On the motion to approve the Resolution, as presented, voting yes: Council Members Craig, de Triquet, Ike, Kelly, Krasnoff, Matheson, Ritter, Ward and West. (10) CITY MANAGER UPDATES There were no City Manager updates. City Attorney Item (3) #13-O-078 AN ORDINANCE AMENDING CHAPTER 14 OF THE CITY CODE, ENTITLED BUILDINGS AND BUILDING REGULATIONS, ARTICLE I, SECTION 14-8(D) THEREOF, TO ADD PROVISIONS ENABLING THE CITY TO DEMOLISH DERELICT NONRESIDENTIAL BUILDINGS OR STRUCTURES PROVIDED THAT THE OWNER PROVIDES WRITTEN CONSENT AND THE BUILDING OR STRUCTURE IS NEITHER LOCATED WITHIN NOR CONTRIBUTING TO A STATE OR LOCAL HISTORIC DISTRICT NOR INDIVIDUALLY DESIGNATED IN THE VIRGINIA LANDMARK REGISTER. - 13 -
City Attorney Proctor presented the item for approval as an emergency action. Council Member Ike, on a motion seconded by Council Member Matheson, moved approval of the Ordinance, as presented, and as an emergency action. On the motion to approve the Ordinance, as presented, and as an emergency action, voting yes: Council Members Craig, de Triquet, Ike, Kelly, Krasnoff, Matheson, Ritter, Ward and West. CITIZENS COMMENTS ON THE SERVICES, POLICIES, AND AFFAIRS OF THE CITY (NON AGENDA SPEAKERS) City Clerk Moore identified the following speakers: William Jones, 1612 Woodstock Court, representing self, spoke on cruelty to animals and dogs on chains. Lacy Kuller, P.O. Box 15061, representing Chesapeake Humane Society, requested concurrent advertisement for R(C)-13-07, Chesapeake Humane Society. Mayor Krasnoff requested that a report on prohibiting tethering of dogs be provided to Mr. Jones. Council Member Ward, on a motion seconded by Council Member Matheson, moved approval of concurrent advertisement for R(C)-13-07, Chesapeake Humane Society. On the motion to approve concurrent advertisement for R(C)-13-07, Chesapeake Humane Society, voting yes: Council Members Craig, de Triquet, Ike, Kelly, Krasnoff, Matheson, Ritter, Ward and West. Mayor Krasnoff relinquished the gavel to Vice Mayor de Triquet. APPOINTMENTS TO BOARDS AND COMMISSIONS A. Chesapeake Redevelopment and Housing Authority 3 vacancies Appointments were made at the June 11, 2013 City Council meeting. B. South Norfolk Revitalization Commission 2 vacancies One appointment was made at the June 11, 2013 City Council meeting, and one appointment was continued to the July 23, 2013 City Council meeting. C. Airport Authority 1 vacancy Council Member Matheson nominated Brian Miller for appointment. - 14 -
Council Member West, on a motion seconded by Council Member Ward, moved to close the nominations and appoint the nominee. On the motion to close the nominations and appoint the nominee, voting yes: Council Members Craig, de Triquet, Ike, Kelly, Krasnoff, Matheson, Ritter, Ward and West. Brian Miller was appointed to the Airport Authority. D. Chesapeake Board of Historic and Architectural Review 3 vacancies Council Member Ritter nominated Alexis Baker and Mark Puster for appointment and requested continuance of the remaining vacancy. Council Member West, on a motion seconded by Council Member Matheson, moved to close the nominations, appoint the nominees, and continue the remaining vacancy. On the motion to close the nominations, appoint the nominees, and continue the remaining vacancy, voting yes: Council Members Craig, de Triquet, Ike, Kelly, Krasnoff, Matheson, Ritter, Ward and West. Alexis Baker (Planning Department Representative) and Mark Puster (Historic Preservation Commission Representative) were appointed to the Chesapeake Board of Historic and Architectural Review and the remaining Historic District Resident vacancy was continued. E. Chesapeake Community Criminal Justice Board 1 vacancy Council Member Craig nominated Sante Smith for appointment. Council Member Ward, on a motion seconded by Council Member Ike, moved to close the nominations and appoint the nominee. On the motion to close the nominations and appoint the nominee, voting yes: Council Members Craig, de Triquet, Ike, Kelly, Krasnoff, Matheson, Ritter, Ward and West. Sante Smith was appointed to the Chesapeake Community Criminal Justice Board. F. Chesapeake Historic Preservation Commission 1 vacancy Council Member Ritter nominated Alexis Baker for appointment. - 15 -
Council Member West, on a motion seconded by Council Member Kelly, moved to close the nominations and appoint the nominee. On the motion to close the nominations and appoint the nominee, voting yes: Council Members Craig, de Triquet, Ike, Kelly, Krasnoff, Matheson, Ritter, Ward and West. Alexis Baker (Planning Department Representative) was appointed to the Chesapeake Historic Preservation Commission. G. Fine Arts Commission 3 vacancies Council Member Ward nominated Judith Hinch, Lynette Johnson, and Belinda Rodebaugh for appointment. Council Member Ritter, on a motion seconded by Council Member Ike, moved to close the nominations and appoint the nominees. On the motion to close the nominations and appoint the nominees, voting yes: Council Members Craig, de Triquet, Ike, Kelly, Krasnoff, Matheson, Ritter, Ward and West. Judith Hinch, Lynette Johnson, and Belinda Rodebaugh were appointed to the Fine Arts Commission. H. Public Art Committee 3 vacancies Council Member Ward nominated Wanda Barnard-Bailey for reappointment, and Michael Steele and Robin Freeman for appointment. Council Member West, on a motion seconded by Council Member Matheson, moved to close the nominations and appoint the nominees. On the motion to close the nominations and appoint the nominees, voting yes: Council Members Craig, de Triquet, Ike, Kelly, Krasnoff, Matheson, Ritter, Ward and West. Wanda Barnard-Bailey was reappointed, and Michael Steele and Robin Freeman were appointed to the Public Art Committee. Vice Mayor de Triquet relinquished the gavel to Mayor Krasnoff. UNFINISHED BUSINESS Mayor Krasnoff asked City Council Members for any Unfinished Business items; there was none. NEW BUSINESS A. 2013-2014 Audit Plan - Audit Services Mayor Krasnoff called City Auditor Jay Poole to the podium to present the 2013-2014 Audit Plan. Mr. Poole outlined the 2013-2014 audit plan and requested approval. - 16 -
Council Member Ritter, on a motion seconded by Vice Mayor de Triquet, moved approval of the 2013-2014 Audit Plan, as presented. On the motion to approve the 2013-2014 Audit Plan, as presented, voting yes: Council Members Craig, de Triquet, Ike, Kelly, Krasnoff, Matheson, Ritter, Ward and West. Mayor Krasnoff asked City Council Members for any additional New Business items. Council Member Ritter requested City Attorney Proctor to provide City Council Members with a list of expected changes to the City Code and Zoning Ordinance as a result of changes in state law enacted by the General Assembly in its 2013 Legislative Session. Mayor Krasnoff asked City Council Members for any additional New Business items; there was none. CLOSED SESSION City Attorney Proctor provided the following language of consideration for a Closed Session: to consult with legal counsel pertaining to actual or probable litigation where such consultation or briefing in open meeting would adversely affect the negotiation or litigating posture of the public body and to discuss the acquisition of real property for a public purpose where such discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, as permitted by Section 2.2-3711(A)(3) and (A)(7) of the Code of Virginia. Vice Mayor de Triquet, on a motion seconded by Council Member Ward, moved approval to hold a Closed Session. On the motion to approve a Closed Session, voting yes: Council Members Craig, de Triquet, Ike, Kelly, Krasnoff, Matheson, Ritter, Ward and West. City Council recessed at 7:55 p.m., convened the Closed Session at 8:00 p.m., and reconvened the meeting at 8:18 p.m. CERTIFICATION OF THE CLOSED SESSION City Attorney Proctor read the following: The Chesapeake City Council hereby certifies that to the best of each member s knowledge, only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed and only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by City Council. - 17 -
Council Member Craig, on a motion seconded by Council Member Ike, moved to certify the Closed Session discussion. On the motion to approve certification of the Closed Session discussion, voting yes: Council Members Craig, de Triquet, Ike, Kelly, Krasnoff, Matheson, Ritter, Ward and West. BENEDICTION Council Member Craig offered the evening s benediction. ADOURNMENT With there being no further business to discuss, Mayor Krasnoff adjourned the meeting at 8:20 p.m. /mbw Attest: City Clerk Mayor - 18 -