City Council Work Session February 12, 2008 A Regular Work Session of the Chesapeake City Council was held February 12, 2008, at 4:30 p.m., in the City Hall Building, 306 Cedar Road. Present: Absent: Council Member Rebecca Adams Council Member Bryan Collins Mayor Dalton S. Edge (excused at 5:15 p.m.) Council Member Alan P. Krasnoff Council Member Ella Ward (arrived at 4:43 p.m.) Council Member Patricia Pritchard Willis (arrived at 4:35 p.m.) Council Member John M. de Triquet (excused) Council Member Clifton E. Hayes, Jr. (excused) Vice Mayor Dwight M. Parker (excused) Present from Administration: City Manager William Harrell, City Attorney Ronald Hallman, Deputy City Manager Amar Dwarkanath, Deputy City Wanda Barnard- Bailey, Deputy City Manager Betty Jean Meyer, City Clerk Dolores Moore and other staff members. Also Present: Real Estate Assessor William Rice, Deputy City Attorney Jan Proctor, Budget Director Angelia Yancey, Chief Information Officer Peter Wallace, Fire Chief Stephen Best, General Services Director William Broome, Housing Coordinator James Liles, Neighborhood Services Director Patrick Hughes, Parks and Recreation Director Robert Clifton, Planning Director Brent Nielson, City Engineer Eric Martin, Public Communications Director Mark Cox and Traffic & Transportation Engineer Earl Sorey. The Following Topics were discussed during the Work Session: Update by Fire Chief Stephen Best on the brush fires in Chesapeake and North Carolina. 1. Update on FY 2008-09 Budget Development 2. City Manager Updates The Work Session adjourned at 5:38 p.m. /smu - 1 -
Regular City Council Meeting February 12, 2008 A Regular Meeting of the Chesapeake City Council was called to order by Mayor Dalton S. Edge on February 12, 2008 at 6:30 p.m. in the City Hall Building, 306 Cedar Road. INVOCATION: Pastor Ben Bonnici, Cedar Road Assembly of God. PLEDGE OF ALLEGIANCE: Members of Girl Scout Troop 378, Great Bridge District, Members of Boy Scout Troop 824, Prince of Peace Catholic Church and one member of Troop 48, Great Bridge United Methodist Church. ROLL CALL BY CLERK OF COUNCIL Present: Council Member Rebecca C. W. Adams Council Member Bryan L. Collins Mayor Dalton S. Edge Council Member Alan P. Krasnoff Council Member Ella P. Ward Council Member Patricia Pritchard Willis Absent: Council Member John M. de Triquet (excused) Council Member Clifton E. Hayes, Jr. (excused) Vice Mayor Dwight M. Parker (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 The minutes for the March 27, 2007 Work Session and Regular City Council Meeting were presented for approval. Council Member Collins, on a motion seconded by Council Member Ward, moved to continue consideration of the minutes of the March 27, 2007 Work Session and Regular City Council Meeting to the February 19, 2008 City Council Meeting. There was no discussion. On the motion to continue consideration of the minutes of March 27, 2007 Work Session and Regular City Council Meeting to the February 19, 2008 City Council Meeting; voting yes: Council Members Adams, Collins, Edge, Krasnoff, Ward and Willis. were excused) SPECIAL PRESENTATION 2007 Digital Cities Award Mayor Edge asked Chief Information Officer Peter Wallace and Public Communications Coordinator Lizz Gunnufsen to the podium to accept the award. The City s Public Communications and Information Technology Departments worked together to prepare the award entry which placed in the top ten Cities of its population
size for the 2007 Digital Cities Award. Mr. Wallace complimented staff from both departments involved with the award. Lizz Gunnufsen recognized Internet Technician April Moore and Webmaster Bobbie Dennis for their contributions leading to the City s award. Systems Analyst I Eriks Purins introduced System Development Coordinator Mike Fitchett, Systems Analyst II Dave Nicholson and Application Development Analyst I Jeff Self before making comments concerning the number of service requests the City had handled since implementation of the web feature. He stated that 40% of all service requests from citizens were received via the web. SPECIAL PRESENTATION AAA Wrestling Tournament Mayor Edge invited Chesapeake Public Schools Director of Student Services Wayne Martin to the podium to announce the upcoming AAA Wrestling Tournament at Oscar Smith High School scheduled for February 22-23, 2008. Director Martin provided parking passes and tickets to the tournament for City Council Members. 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. PUBLIC HEARING Non-Planning Public Hearing Item A. RESOLUTION AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF CHESAPEAKE AND CHESAPEAKE JUBILEE INC. TO LEASE SECTIONS 1,2,3,4 AND 5 OF CITY PARK LOCATED AT 900 GREENBRIER PARKWAY IN THE CITY OF CHESAPEAKE, VIRGINIA IN THE WASHINGTON BOROUGH TO BE USED EXCLUSIVELY FOR THE PURPOSE OF CONDUCTING ACTIVITIES ASSOCIATED WITH THE ANNUAL CHESAPEAKE JUBILEE. City Clerk Moore presented the item and advised that there were no speakers. City Attorney Hallman requested a continuance of the Resolution to the February 26, 2008 City Council Meeting. Council Member Collins, on a motion seconded by Council Member Ward, moved to continue NPPH Item (A) to the February 26, 2008 City Council Meeting, as requested. There was no discussion. On the motion to continue NPPH Item (A) to the February 26, 2008 City Council Meeting, voting yes: Council Members Adams, Collins, Edge, Krasnoff, Ward and Willis. were excused) - 2 -
CITIZENS COMMENTS ON AGENDA ITEMS ONLY City Clerk Moore identified the following speaker in support of City Attorney Item (1) who was available for questions. Michael Culpepper, 1081, 19 th Street, Suite 202, Virginia Beach, VA, representing Mag Edinburgh Associates II, LLC. CONSENT AGENDA City Clerk Moore read the Consent Agenda Items into the record. Mayor Edge asked Council Members if there were any items they wished to have removed for consideration under the Regular Agenda. There were none. Council Member Collins, 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 Adams, Collins, Edge, Krasnoff, Ward and Willis. were excused.) 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 February 13, 2008 and recommended to City Council for a future meeting. (a) R(C)-07-13 PROJECT: Olde Mill Run (Phase 4) APPLICANT: Olde Mill Run LLC AGENCY: Hassell & Folkes, PC PROPOSAL: A conditional zoning reclassification of 49.7 acres from A-1, Agricultural District to R-15s, Single Family Residential District to construct a 104 lot single family subdivision. The applicant also requests expansion of the Public Utilities Franchise Area. PROPOSED COMP LAND USE / DENSITY: Low density residential EXISTING COMP LAND USE / DENSITY: Low density residential LOCATION: Property is generally located at the terminus of Weiss Lane and north of the Olde Mill Run Community. TAX MAP SECTION/PARCEL: 0440000000120, 0330000000070 BOROUGH: Deep Creek (b) R-07-17 PROJECT: Great Bridge Marketplace APPLICANT: Gerald Dixon, Jr., Inc. AGENCY: Hassell & Folkes, PC PROPOSAL: A conditional zoning reclassification of 1.3 acres from R-15s, Single Family Residential District to B-2 General Business District to construct a commercial shopping center. PROPOSED COMP LAND USE & DENSITY: Business/commercial EXISTING COMP LAND USE & DENSITY: Low density residential with 4 or less dwelling units per acre LOCATION: 512 Battlefield Blvd. South TAX MAP SECTION/PARCEL: 0601001000120 BOROUGH: Pleasant Grove - 3 -
(c) R(C)-07-34 PROJECT: Coleman Farms Condominiums APPLICANT: Coleman Holdings, LLC AGENCY: Hassell & Folkes, PC PROPOSAL: A conditional zoning reclassification of approximately 18 acres from R-6, Residential District (1.90 acres) and R-10s, Residential District (16.2 acres) to R-MF-1, Multifamily Residential District for a condominium community. PROPOSED COMP LAND USE & DENSITY: Medium Density Residential EXISTING COMP LAND USE & DENSITY: Medium Density Residential LOCATION: Terminus of Miller Avenue TAX MAP SECTION/PARCEL: 0200000000060 BOROUGH: Washington (d) R(C)-07-37 PROJECT: Kaiser Photo Studio APPLICANT: Jeffrey D. Kaiser, Lynanne M. Kaiser, David L. Kaiser & Joan W. Kaiser AGENCY: Engineering Services, Inc. PROPOSAL: A conditional zoning reclassification of 1.49 acres from R-15s, residential District, to B-1, Neighborhood Business District for an office and photography studio. PROPOSED COMP LAND USE & DENSITY: Office EXISTING COMP LAND USE & DENSITY: Low Density Residential LOCATION: 401 Waters Road TAX MAP SECTION/PARCEL: Portion of 0590000001642 BOROUGH: Pleasant Grove (2) RESIGNATIONS FROM BOARDS AND COMMISSIONS a. Sherrie M. Phillips South Hampton Roads Disability Services Board b. Tom Elder Natural Event Mitigation Advisory Committee c. Edwina Ricks Tidewater Regional Group Home Commission d. Michele Deneau Citizens Juvenile Advisory Council e. Walter Jones Chesapeake Youth Committee (3) REFUNDS a. D and D Home Loans, Incorporated - $4,769.59 b. Winn s Hauling, Incorporated, $3,867.13 City Manager Items (1) REQUEST FOR AUTHORITY TO SUBMIT A 2008 HAZARDOUS MATERIALS EMERGENCY PREPAREDNESS GRANT REQUEST TO THE U.S. DEPARTMENT OF TRANSPORTATION THROUGH THE VIRGINIA DEPARTMENT OF EMERGENCY MANAGEMENT FIRE DEPARTMENT (2) REQUEST FOR AUTHORITY TO SUBMIT A 2008 REPETITIVE FLOOD CLAIMS (RFC) GRANT APPLICATION TO THE FEDERAL DEPARTMENT OF HOMELAND SECURITY/EMERGENCY MANAGEMENT AGENCY FIRE DEPARTMENT (3) #08-R-010 CONSIDERATION OF A RESOLUTION SUPPORTING THE APPLICATION OF BAY BRIDGE ENTERPRISES, LLC TO THE VIRGINIA DEPARTMENT OF RAIL AND PUBLIC TRANSPORTATION INDUSTRIAL ACCESS RAILROAD TRACK FUNDS DEPARTMENT OF ECONOMIC DEVELOPMENT Council Member Ward asked that City Council s Rules of Order and Procedure be suspended to consider a Resolution that did not appear on the printed agenda. - 4 -
Mayor Edge stated that a motion was required to suspend the City Council s Rules of Order and Procedure would require a two-thirds vote from Council. Council Member Ward, on a motion seconded by Council Member Collins, moved to suspend City Council s Rules of Order and Procedure to consider a Resolution that did not appear on the printed agenda. Council Member Ward commented on the negative impact Senate Bill 768 would have on the City and stated that the proposed Resolution would ask the General Assembly to carry over Senate Bill 768 for one year to allow time to review the implication on future development. Council Member Willis reiterated that the motion was only to suspend the City Council s Rules of Order and Procedure. There was no further discussion. On the motion to suspend City Council s Rules of Order and Procedure to consider a Resolution that did not appear on the printed agenda under the Old and New Business portion of the docket, as requested, voting yes: Council Members Adams, Collins, Edge, Krasnoff, Ward and Willis. were excused.) REGULAR AGENDA City Manager Items (4) #08-O-016 REQUEST FOR APPROPRIATION OF $118,000 IN ESTIMATED RACE SPONSORSHIPS AND REGISTRATION FEES FOR THE 2008 DISMAL SWAMP STOMP HALF MARATHON DEPARTMENT OF ECONOMIC DEVELOPMENT City Manager Harrell presented the item. Council Member Ward, on a motion seconded by Council Member Willis, moved approval of the Appropriation as presented. Council Members Ward and Willis stated their support for the event and made comments on the success of the 2007 Dismal Swamp Stomp Half Marathon. Council Member Willis noted that funds from this Appropriation would be recouped by the City from race sponsorships and participants registration fees. Council Member Collins stated that these types of events contribute to making Chesapeake one of the top 10 cities of its size in the nation in which to work and live. There was no additional discussion. On the motion for approval of the Appropriation as presented, voting yes: Council Members Adams, Collins, Edge, Krasnoff, Ward and Willis. were excused.) - 5 -
(5) City Manager Updates City Manager Harrell thanked City Council Members for considering a Resolution to request the General Assembly to carry over Senate Bill 768 for further study and commented on the negative impact the bill would have on future development within the City if approved by the General Assembly, as proposed. He stated that one of the major changes proposed in Senate Bill 768 would be the elimination of cash proffers when considering future projects. City Manager Harrell encouraged support of the Resolution when presented under Old and New Business. City Attorney Item (1) #08-R-011 RESOLUTION AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE AN AGREEMENT FOR THE CITY S ACQUISITION OF REAL PROPERTY FROM MAG EDINBURGH ASSOCIATES II, LLC, SAID REAL PROPERTY TO BE IMPROVED WITH TRANSPORTATION FACILITIES NEEDED TO SERVE THE COMMERCIAL DEVELOPMENT OF EDINBURGH WEST AND AREAS TO THE SOUTH. City Attorney Hallman presented the item. Council Member Collins, on a motion seconded by Council Member Adams, moved approval of the Resolution as presented. Council Member Willis stated that she understood the policy procedures for the purchase of Transportation Improvements but did not agree that this was an appropriate action in this location. At the request of Council Member Collins, Mayor Edge asked Assistant City Engineer Jay Tate to come to the podium for questions. City Manager Harrell offered comments concerning the future development of the Edinburgh area and felt the improvement would be an asset. Mr. Harrell stated that the Resolution was more about comprehensive planning, not the subsidizing of private development, and the decision was a proactive measure to help alleviate traffic congestion in 4-5 years as the area developed. Council Member Collins asked Assistant Engineer Tate how the proposed changes would benefit the City. Mr. Tate stated that the purchase of Edwin Drive would ensure that the road would remain a public access and was more cost effective now, prior to the improvements being made. Council Member Adams encouraged Council Members to think of the Resolution as decision for the future rather than for the present time. Council Member Willis questioned the terms of the agreement and stated that previously individual businesses had taken a pro-rata share to pay for the improvements. Mr. Tate assured Council Member Willis that the pro-rata share had been included in the agreement. Ms. Willis asked if any of the future stores would be paying monies to the City when they were constructed. Assistant City Engineer Tate stated when the 100 acres south of Edinburgh is developed, the developments would pick-up the costs. - 6 -
Council Members Willis and Collins, City Attorney Hallman and City Manager Harrell had extensive discussion on the funding and repayment by future developers through tax revenues. There was no further discussion. On the motion for approval of the Resolution as presented, voting yes: Council Members Adams, Collins, Edge, Krasnoff and Ward. Voting no: Council Member Willis (Vice Mayor Parker, Council Members de Triquet and Hayes were excused.) CITIZENS COMMENTS ON THE SERVICES, POLICIES, AND AFFAIRS OF THE CITY (NON AGENDA SPEAKERS) City Clerk Moore stated that there were no speakers at that time. OLD AND NEW BUSINESS (1) #08-R-012 RESOLUTION REQUESTING THE VIRGINIA GENERAL ASSEMBLY TO CARRY OVER SENATE BILL 768 IN ORDER TO PROVIDE LOCAL GOVERNMENTS WITH ADEQUATE OPPORTUNITY TO PARTICIPATE IN THE DEVELOPMENT OF IMPACT FEE AUTHORITY City Attorney Hallman presented the item. Council Member Ward, on a motion seconded by Council Member Willis, moved approval of the Resolution, as presented. Council Member Krasnoff commented on Senate Bill 768 and the results of the General Assembly vote on February 12, 2008. Dr. Krasnoff stated that Fairfax County had asked for exemptions and suggested that Chesapeake consider doing the same. City Attorney Hallman stated that he felt it was in the best interest of the City to have an alternative position if the study request failed to pass the General Assembly. City Manager Harrell expressed concerns with exemptions to the Bill as that would move the burden of improvements to taxpayers rather than developers. Mr. Harrell noted that proffers would no longer be allowed and this would have a negative impact on the City s future budget and growth. Council Members Ward and Willis offered additional comments of support for the Resolution to allow more time to study the impact of Senate Bill 768. Council Member Krasnoff requested a Work Session to update Council on the Senate Bill. City Attorney Hallman stated that City Council members would be provided detailed information on the impact of Senate Bill 768. There was no further discussion. On the motion for approval of the Resolution as presented, voting yes: Council Members Adams, Collins, Edge, Krasnoff, Ward and Ward. were excused.) - 7 -
COMMITTEE REPORTS Council Member Ward thanked City Manager Harrell and City staff for arranging the February 7, 2008 tour of the South Norfolk area of the City to view the lighting issues, revitalization and other community concerns. Dr. Ward acknowledged Dr. E. Curtis Alexander and the Historical Society for recognizing Black History Month and complimented the library staff on the work that they did to inform the public. Council Member Willis commented of the recent tour of South Norfolk and the ongoing work bring done to add additional locations for new and improved lighting to deal with citizen concerns; she complimented City Manager Harrell and the City staff for their participation. Council Member Willis advised that City Manager Harrell was creating a blight team from various City departments that would be called CARE TEAM II. As Liaison to the Chesapeake Youth Committee, she emphasized the need to get more youth involved with litter control and community pride. She stated that a community cleanup of South Norfolk was scheduled for May 3, 2008. Council Member Willis announced that the annual Mayor s Cup T-Ball Tournament would be held on April 12, 2008 on the grounds of the City complex. She thanked Deputy City Clerk Velma McNair for the 2008 Boards and Commissions meeting schedule that had been provided to the Council Members. Council Member Krasnoff requested that an item be placed on the February 26, 2008 agenda with language dealing with the sign ordinance and Reno B. Wright School. Council Member Collins thanked Council Member Ward for her work as a Council Legislative Liaison and noted he attendance on February 7, 2008 at the Virginia Municipal League s Legislative Day. Mr. Collins requested a report on year end revenues and the reason for the 50/50 split of new revenue with the Schools system. Council Member Adams stated that the City Attorney s office was working on an Ordinance amendment to add a liaison for the Planning Commission from the Military to work with the Planning Commission on future projects. Dr. Adams advised that Planning Commission Chairman Jeffery Rowland would be taking an ordinance draft to the Commission on February 13, 2008 and it would then be presented to City Council Members at a later City Council Meeting. Dr. Adams mentioned the annual winter concert presented by the Chesapeake City Civic Chorus on January 27, 2008 and encouraged citizens to attend one of the future concerts. Mayor Edge asked City Manager Harrell for a study regarding flood gates or retention walls for the Fernwood Farms neighborhood to reduce the amount of flooding in that area. Council Members Willis and Ward requested input on the possibility of dividing the Planning Public Hearing items between two Council Meetings to reduce the recurrence of late meetings. - 8 -
REQUEST FOR CLOSED SESSION City Attorney Hallman provided the following language for consideration of the Closed Session topic: to discuss acquisition of real property for a public purpose, where discussion in open session would adversely affect the bargaining position of the City, pursuant to Virginia Code Section 2.2-3711 A.3. Council Member Collins, on a motion seconded by Council Member Ward, moved approval of the request for the Closed Session topic. There was no discussion. On the motion for approval of the request for the Closed Session, voting yes: Council Members Adams, Collins, Edge, Krasnoff, Ward and Willis. were excused) CLOSED SESSION City Council recessed at 7:51 p.m. and went into Closed Session at 8:00 p.m. City Council Members reconvened at 8:16 p.m. CERTIFICATION OF CLOSED SESSION City Attorney Hallman read the following: The Chesapeake City Council hereby certifies that to the best of each member s knowledge, only public business matters lawfully excepted 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 the City Council. Council Member Krasnoff, on a motion seconded by Council Member Collins, moved approval of the certification of the Closed Session topic. There was no discussion. On the motion for approval of the certification of the Closed Session topic, voting yes: Council Members Adams, Collins, Edge, Krasnoff, Ward and Willis. Voting no: None (Vice Mayor Parker, Council Members de Triquet and Hayes were excused) ADJOURNMENT With there being no further business to discuss, Mayor Edge adjourned the meeting at 8:17 p.m. /smu Attest: Mayor City Clerk - 9 -