City Council Work Session December 10, 2013

City Council Work Session December 10, 2013 A Regular Work Session of the Chesapeake City Council was held December 10, 2013 at 4:30 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 Scott W. Matheson Council Member S. Z. Debbie Ritter Council Member Ella P. Ward Council Member Richard Rick West ABSENT: None Present from Administration: City Manager James Baker, City Attorney Jan Proctor, Deputy City Manager Amar Dwarkanath, Deputy City Manager Wanda Barnard-Bailey, City Clerk Dolores Moore, Audit Services Director Jay Poole, Director of Development and Permits Jay Tate, Finance Director Nancy Tracy, Human Resources Director D L Mears, Planning Director Jaleh Shea, Assistant City Attorney Richard Hartwick, Assistant Planning Director Karen Shaffer, Comprehensive Planning Administrator Mark Woodward, Assistant to the City Manager Mary Ann Saunders, Assistant to the City Manager Anna D Antonio, and other staff members. Others Present: Krista Edoff, Audit Partner with Cherry Bekaert, LLP; and Paige Stutz, Assistant Superintendent of Operations for Chesapeake Public Schools The following topics were discussed during the Work Session: 1. Position Management/Budget Transfers 2. Knell s Ridge Apartments 3. Chesapeake Annual Financial Report 4. Compensation Plan Revisions The Work Session adjourned at 6:03 p.m. /blp - 1 -

Regular Meeting of City Council December 10, 2013 A Regular Meeting of the Chesapeake City Council was called to order by Mayor Alan P. Krasnoff on December 10, 2013 at 6:30 p.m., in the City Hall Building, 306 Cedar Road. INVOCATION: PLEDGE OF ALLEGIANCE: Deandre Dill Council Member S. Z. Debbie Ritter ROLL CALL BY CLERK OF COUNCIL Present: Absent: 8 th Grade student of Greenbrier Middle School, 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 None Present from Administration: City Manager James Baker, City Attorney Jan Proctor, Deputy City Manager Amar Dwarkanath, Deputy City Manager Wanda Barnard-Bailey, Assistant City Attorney Richard Hartwick, City Clerk Dolores Moore, and other staff members. PRESENTATION 100 TH Birthday of Elsie Lamb Whitfield Mayor Krasnoff read the certificate and presented it to Ms. Whitfield s son-inlaw, Council Member Lonnie Craig APPROVAL OF MINUTES Mayor Krasnoff stated that the Work Session and Regular Meeting minutes of October 8 and 15, 2013 were presented for approval. Vice Mayor de Triquet, on a motion seconded by Council Member Ward, moved approval of the minutes of October 8 and 15, 2013, as presented. On the motion to approve the minutes of the Work Session and Regular Meetings of October 8 and 15, 2013, as presented, voting yes: Council Members Craig, de Triquet, Ike, Krasnoff, Kelly, Matheson, Ritter, Ward, and West. APPLICANTS, AGENTS, AND CITIZENS COMMENTS ON PUBLIC HEARING ITEMS City Clerk Moore stated there were no speakers prior to the presentation of the Public Hearing Item. - 2 -

COUNCIL S CONSIDERATION OF THE PUBLIC HEARING ITEMS A. R(C)-12-17 Knell s Ridge Apartments APPLICANT: Poseidon Capital Investors, LLC AGENCY: Hassell & Folkes, PC PROPOSAL: A conditional zoning reclassification of 13.1 acres from B-2, General Business District, to R-MF-1, Multifamily Residential District, to construct 192 residential apartment units. PROPOSED COMP LAND USE / DENSITY: Medium Density Residential EXISTING COMP LAND USE: Business/Commercial LOCATION: 843 Battlefield Boulevard, North TAX MAP SECTION/PARCELS: 0370000001490, 0370000001510 BOROUGH: Washington (Continued from the August 13, September 17, October 15, and November 19, 2013 Council Meetings) Planning Commission recommended denial. City Clerk Moore presented the item and identified the following speakers in support of Public Hearing Item (A): Grey Folkes, 325 Volvo Parkway, representing Hassell & Folkes, P.C. Mark Rosenfield, 1721 Ashley Drive, Virginia Beach, representing Poseidon Capital Investors, LLC, was available for questions. City Clerk Moore identified the following speakers in opposition to Public Hearing Item (A): John Cannon, 312 Knell s Ridge Drive, representing self. Ingrid Turner, 833 Old Bridge Lane, representing self. Scott Rhyne, 436 Appaloosa Trail, representing Chesapeake Council Parent Teacher Association (PTA). James Schutte, 1308 Olive Road, representing self. Donna Daniels, 1413 Hunningdon Woods Boulevard, representing self and Greenbrier Middle School PTA. Council Member West, on a motion seconded by Council Member Ike, moved for continuance of R(C)-12-17 to the December 17, 2013 City Council meeting. Mayor Krasnoff relinquished the gavel to Vice Mayor de Triquet. Mayor Krasnoff informed Council Members that no new information had been provided on the project. Mayor Krasnoff, on a substitute motion seconded by Council Member Kelly, moved to deny R(C)-12-17. Council Member West commented that B. M. Williams Elementary School needed to be replaced as it was no longer adequate, and the proposed project would not change that. Council Member Ike noted that the issue seemed to be controlling growth and development, and B. M. Williams was overcrowded. He stated that Great Bridge Primary School was four miles away from B. M. Williams and recommended that the School Board consider moving the attendance lines. Council Member Kelly thanked the applicant, City staff and staff of B. M. Williams Elementary School for the additional information provided and stated her opposition to a one week continuance. - 3 -

Council Member Matheson thanked the applicant, speakers and staff of B. M. Williams for their support, shared his view of the school after a recent tour and the reasons why he could not support the application. He recommended that there be a long term plan for a new school and suggested that School Administration look at adjusting numbers and changes to the zoning of the school Districts. Council Member Ward thanked everyone for their input and advised that she had taken a tour of the school. She stated that the school needed to be replaced. Council Member West recommended that a plan to address overcrowding in the schools be implemented. Council Member Ike requested that School Administration make attendance adjustments to schools where needed. There was no further discussion. On the substitute motion to deny R(C)-12-17, as presented, voting yes: Council Members, de Triquet, Kelly, Krasnoff, Matheson, Ritter, and Ward. Voting no: Council Members Craig, Ike and West. B. UP-12-43 Knell s Ridge Apartments Height Exemption APPLICANT: Poseidon Capital Investors, LLC AGENCY: Hassell & Folkes, PC PROPOSAL: A conditional use permit to allow a private drive on residentially zoned property to serve commercially zoned property in accordance with section 3-301.B(1) of the zoning ordinance and to allow for a maximum building height of 60 feet in accordance with section 19-205(B) of the Zoning Ordinance. ZONE: B-2, General Business District (Proposed R-MF-1, Multifamily Residential District in R(C)-12-17) LOCATION: 843 Battlefield Boulevard, North TAX MAP SECTION/PARCELS: 0370000001490, 0370000001510 BOROUGH: Washington (Continued from the August 13, September 17, October 15, and November 19, 2013 Council Meetings) Planning Commission recommended denial. City Clerk Moore presented the item and advised there were no speakers. Mayor Krasnoff, on a motion seconded by Council Member Kelly, moved to deny UP-12-43. On the motion to deny UP-12-43, as presented, voting yes: Council Members, Craig, de Triquet, Kelly, Krasnoff, Matheson, Ritter, Ward and West. Voting no: Council Member Ike. NON-PLANNING PUBLIC HEARING ITEM C. #13-O-155 CONSIDERATION OF AN ORDINANCE AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE A DEED RELEASING CONDITIONALLY ACCEPTED RIGHT OF WAY IN EXCHANGE FOR THE DEDICATION OF ADDITIONAL RIGHT OF WAY AND EASEMENTS FOR WOODLAKE DRIVE EXTENDED AS REALIGNED DEPARTMENT OF PUBLIC WORKS City Clerk Moore presented the items and advised there were no speakers. - 4 -

Council Member Kelly, on a motion seconded by Mayor Krasnoff, 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. Voting no: None. Vice Mayor de Triquet relinquished the gavel back to Mayor Krasnoff. CITIZENS COMMENTS ON AGENDA ITEMS ONLY City Clerk Moore identified the following speaker: Tim Culpepper, 1605 Tapgallant Quay, representing Culpepper Landing, L.L.C., spoke in opposition to City Manager Item (9). 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. Vice Mayor de Triquet, on a motion seconded by Council Member Ward, moved approval of the Consent Agenda. On the motion to approve the Consent Agenda, voting yes: Council Members Craig, de Triquet, Ike, Kelly, Krasnoff, Matheson, Ritter, Ward and West. City Clerk Items (1) RESIGNATIONS a. Fred Hussain - Chesapeake Cable Television Commission b. Morgan Verdolotti Chesapeake Cable Television Commission c. Laurie Campbell Tourism Advisory Board (2) AMENDMENT TO MINUTES FROM MAY 15, 2012 CITY COUNCIL MEETING City Manager Items POSITION MANAGEMENT (1) A. CONSIDERATION OF A REQUEST THAT CITY COUNCIL AUTHORIZE THE CITY MANAGER TO APPROVE A REQUEST TO REALLOCATE A PART-TIME LIBRARIAN POSITION TO TWO PART-TIME LIBRARIAN ASSISTANT I POSITIONS IN THE DEPARTMENT OF LIBRARIES AND RESEARCH SERVICES DEPARTMENT OF LIBRARIES AND RESEARCH SERVICES B. CONSIDERATION OF A REQUEST THAT CITY COUNCIL AUTHORIZE THE CITY MANAGER TO APPROVE A REQUEST TO REALLOCATE A CUSTOMER SERVICE CLERK II POSITION TO A CREW LEADER POSITION IN THE DEPARTMENT OF PUBLIC WORKS DEPARTMENT OF PUBLIC WORKS - 5 -

C. CONSIDERATION OF A REQUEST THAT CITY COUNCIL AUTHORIZE THE CITY MANAGER TO APPROVE A REQUEST TO RECLASSIFY A PART-TIME CLINICIAN I POSITION TO A FULL-TIME CLINICIAN I POSITION AND DELETE A VACANT PART-TIME CLINICIAN II POSITION IN THE COMMUNITY SERVICES BOARD COMMUNITY SERVICES BOARD D. CONSIDERATION OF A REQUEST THAT CITY COUNCIL AUTHORIZE THE CITY MANAGER TO APPROVE A REQUEST TO RECLASSIFY A FULL-TIME FAMILY RESOURCE SPECIALIST II POSITION AND A FULL-TIME UTILIZATION PROGRAM ANALYST POSITION TO TWO FULL-TIME QUALITY ASSURANCE ANALYST POSITIONS IN THE COMMUNITY SERVICES BOARD COMMUNITY SERVICES BOARD BUDGET TRANSFERS (1) A. CONSIDERATION OF A REQUEST THAT CITY COUNCIL AUTHORIZE THE CITY MANAGER TO APPROVE A REQUEST FOR THE TRANSFER OF $3,560 FROM THE CITY S OPERATING CONTINGENCY TO JUVENILE SERVICES GENERAL EXPENSES DEPARTMENT OF HUMAN SERVICES/JUVENILE SERVICES B. CONSIDERATION OF A REQUEST THAT CITY COUNCIL AUTHORIZE THE CITY MANAGER TO APPROVE A REQUEST FOR THE TRANSFER OF $1,707.75 IN OPERATING FUNDS TO CSB OF CHESAPEAKE, INC. WITHIN THE COMMUNITY SERVICES BOARD BUDGET COMMUNITY SERVICES BOARD (3) #13-O-156 CONSIDERATION OF A REQUEST FOR APPROPRIATION OF $35,000 IN FY 2013 STATE HOMELAND SECURITY PROGRAM GRANT FUNDS AWARDED BY THE VIRGINIA DEPARTMENT OF EMERGENCY MANAGEMENT FIRE DEPARTMENT (4) #13-O-157 CONSIDERATION OF A REQUEST FOR APPROPRIATION OF $5,761.56 IN DONATED REVENUE TO THE COMMUNITY SERVICES BOARD COMMUNITY SERVICES BOARD (5) #13-O-158 CONSIDERATION OF A REQUEST FOR APPROPRIATION OF $15,980.50 FROM THE FUND BALANCE OF THE COMMUNITY SERVICES BOARD FOR THE INSTALLATION OF SIDEWALK TO MEET AMERICANS WITH DISABILITIES ACT (ADA) REQUIREMENTS COMMUNITY SERVICES BOARD (6) #13-O-159 CONSIDERATION OF A REQUEST FOR APPROPRIATION OF $20,000 IN DONATED REVENUE TO THE CHESAPEAKE CIRCUIT COURT CHESAPEAKE CIRCUIT COURT (7) #13-O-160 CONSIDERATON OF A REQUEST FOR APPROPRIATION OF $23,569 IN FUND BALANCE OF THE GENERAL FUND FOR INVENTORY/COSTS OF GOODS SOLD FOR THE E-ZPASS ON-THE-GO PROGRAM TO BE RECOVERED BY ANTICIPATED REVENUES OFFICE OF THE CITY TREASURER (8) #13-O-161 CONSIDERATION OF A REQUEST FOR APPROPRIATION OF $354,916.97 IN ADDITIONAL STATE FUNDING FROM THE VIRGINIA DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES - 6 -

TO THE CHESAPEAKE COMMUNITY SERVICES BOARD COMMUNITY SERVICES BOARD REGULAR AGENDA City Manager Items (9) CONSIDERATION OF A REQUEST TO AMEND THE FUNDING SOURCE FOR $776,005.01 OF DEBT SERVICE COST RELATED TO GRASSFIELD HIGH SCHOOL FROM SCHOOL LOCKBOX FUNDS TO PROFFER FUND BALANCE CHESAPEAKE PUBLIC SCHOOLS City Manager Baker presented the item for approval. Mayor Krasnoff asked City Attorney Proctor how comments from Mr. Culpepper be addressed. City Attorney Proctor addressed concerns raised by Mr. Culpepper noting that the subject was in litigation and could not be discussed. Vice Mayor de Triquet, on a motion seconded by Council Member Ward, moved approval of the Resolution, as presented. Council Member Ike, on a substitute motion seconded by Council Member Ritter, moved for continuance of the Request to the December 17, 2013 City Council Meeting and to hold a Closed Session discussion on December 10, 2013. There was no additional discussion. On the motion to continue the Request to the December 17, 2013 City Council Meeting and to hold a Closed Session discussion on December 10, 2013, voting yes: Council Members Craig, Ike, Kelly, Matheson, Ritter, Ward, and West Voting, no: Mayor Krasnoff and Vice Mayor de Triquet (10) #13-R-070 CONSIDERATION OF A RESOLUTION REQUESTING THE GENERAL ASSEMBLY TO SUPPORT MEASURES REQUIRING MEMBERS TO FILE BILLS WITH LOCAL FISCAL IMPACTS AS EARLY AS POSSIBLE AND NO LATER THAN THE FIRST DAY OF SESSION AND INCORPORATING THIS REQUEST INTO THE CHESAPEAKE 2014 LEGISLATIVE PACKAGE OFFICE OF THE CITY MANAGER City Manager Baker presented the item for approval. Council Member Kelly, on a motion seconded by Council Member Craig 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 Voting, no: None CITIZENS COMMENTS ON THE SERVICES, POLICIES, AND AFFAIRS OF THE CITY (NON-AGENDA SPEAKERS) City Clerk Moore advised there were no speakers. Mayor Krasnoff relinquished the gavel to Vice Mayor de Triquet. - 7 -

NOMINATIONS TO BOARDS AND COMMISSIONS A. Chesapeake Hospital Authority 1 vacancy Council Member Craig nominated Susan O. Archer. Council Member Matheson, on a motion seconded by Council Member Ike, moved to close nominations and appoint the nominee. On the motion to close nominations and appoint the nominee, voting yes: Council Members Craig, de Triquet, Ike, Kelly, Krasnoff, Matheson, Ritter, Ward and West. Voting no: None. Susan O. Archer was appointed to the Chesapeake Hospital Authority. B. Economic Development Authority 1 vacancy Council Member Kelly, on a motion seconded by Mayor Krasnoff, moved to continue nominations to the January 14, 2014 City Council meeting. On the motion to continue nominations to the January 14, 2014 City Council meeting, voting yes: Council Members Craig, de Triquet, Ike, Kelly, Krasnoff, Matheson, Ritter, Ward and West. Voting no: None. UNFINISHED BUSINESS Mayor Krasnoff asked Council Members for any Unfinished Business. There was none. NEW BUSINESS Mayor Krasnoff asked Council Members for any New Business. Council Member Ritter requested a Resolution be placed on the December 17, 2013 City Council agenda to add a Policy position to the City of Chesapeake s 2014 Legislative Package asking the State to provide $2 million in funding to update data for the Clean Water Act. Mrs. Ritter asked City Manager Baker and City Council Members to send letters to Chesapeake s Legislative Delegation Members supporting the Hampton Roads Planning District Commission s (HRPDC) request. Mayor Krasnoff asked the Legislative Liaisons, Council Members Ritter and Ward, to inform Delegate Chris Jones that the request would be forthcoming. Mayor Krasnoff reminded Council Members of the January 7, Strategic Planning Session and requested that topics be sent to City Manager Baker or City Clerk Moore. REQUEST FOR CLOSED SESSION City Attorney Proctor provided the following language for consideration of 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, to discuss the salaries of public officers and employees of the City, discuss the acquisition of real property for a public purpose where such discussion in an open meeting would adversely affect - 8 -

the bargaining position or negotiating strategy of the public body, as permitted by Section 2.2-3711(A)(3), (A)(5) and (A)(7) of the Code of Virginia. Council Member Matheson, on a motion seconded by Council Member Craig, moved approval to hold the Closed Session discussions. On the motion to approve the requested Closed Session, voting yes: Council Members Craig, de Triquet, Ike, Kelly, Krasnoff, Matheson, Ritter, Ward and West. Voting no: None. City Council went into Closed Session at 7:35 p.m., and reconvened the meeting at 8:05 p.m. CERTIFICATION OF 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 were discussed and only such public business matters as were identified in the motion convening the meeting were heard, discussed or considered by City Council. Vice Mayor de Triquet, on a motion seconded by Council Member West, moved to certify the Closed Session discussions. On the motion to approve certification of the Closed Session discussions, voting yes: Council Members Craig, de Triquet, Ike, Kelly, Krasnoff, Matheson, Ritter, Ward and West. Voting no: None BENEDICTION Council Member Matheson provided the evening s benediction. ADJOURNMENT With there being no further business to discuss, Mayor Krasnoff adjourned the meeting at 8:06 p.m. /blp ATTEST: Mayor City Clerk - 9 -