City Council Work Session March 17, 2009 A Regular Work Session of the Chesapeake City Council was held March 17, 2009, at 4:00 p.m., in the City Hall Building, 306 Cedar Road. Present: Absent: Council Member Bryan L. Collins Vice Mayor John M. de Triquet Council Member C. E. Cliff Hayes, Jr. Mayor Alan P. Krasnoff Council Member S. Z. Debbie Ritter Council Member Ella P. Ward Council Member Richard Rick West Council Member Patricia Pritchard Willis Council Member Dwight M. Parker Present from Administration: City Manager William Harrell, City Attorney Ronald Hallman, Deputy City Attorney Jan Proctor, Deputy City Manager Wanda Barnard- Bailey, Deputy City Manager Betty Jean Meyer, City Clerk Dolores Moore, Budget Director Angelia Yancey, Human Resources Director Mary Bullock, Economic Development Director Steven Wright, Interim Neighborhood Services Director Jay Tate, Public Communications Director Mark Cox, Public Utilities Director James Walski, Acting Public Works Director Eric Martin, and other staff members. Also present: W. Pete Burkhimer, Engineering Services and Development Review Committee Member. The Following Topics were discussed during the Work Session: 1) Budget Strategies/Voluntary Retirement Incentive Program 2) Development Review 3) Council Member Reports The Work Session adjourned at 5:38 p.m. /dah
Regular Meeting of City Council March 17, 2009 A Regular Meeting of the Chesapeake City Council was called to order by Mayor Alan P. Krasnoff on March 17, 2009 at 6:30 p.m., in the City Hall Building, 306 Cedar Road. INVOCATION: Pastor Steve Morgan, New Life Christian Fellowship PLEDGE OF ALLEGIANCE: Council Member Richard Rick West ROLL CALL BY CLERK OF COUNCIL: Present: Council Member Bryan L. Collins Vice Mayor John M. de Triquet (excused at 8:16 p.m.) 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: None Present from Administration: City Manager William Harrell, City Attorney Ronald Hallman, Deputy City Manager Wanda Barnard-Bailey, Deputy City Manager Betty Jean Meyer, City Clerk Dolores Moore, Planning Director Brent Nielson, and other staff members. APPROVAL OF MINUTES Mayor Krasnoff advised that the minutes of the Regular Meeting of May 20, 2008 were presented for approval. Council Member Parker, on a motion seconded by Council Member Ward, moved approval of the May 20, 2008 City Council meeting minutes. Council Members Ritter and West stated they would abstain from voting as they were not on City Council at that time. On the motion approval of the May 20, 2008 City Council minutes, as presented, voting yes: Council Members Collins, de Triquet, Hayes, Krasnoff, Parker, Ward, and Willis. (Council Members Ritter and West abstained) APPLICANTS, AGENTS, AND CITIZENS COMMENTS ON PUBLIC HEARING ITEMS City Clerk Moore identified the following speaker prior to the presentation of the public hearing items: Bill Garrett, 4026 Scotfield Drive, representing self, spoke in support of Public Hearing Item G.
PUBLIC HEARING ITEMS A. R-08-24 PROJECT: Great Bridge Congregation of Jehovah s Witnesses APPLICANT: Great Bridge Congregation of Jehovah s Witnesses Trustees AGENCY: Willie Lorenzo Tanksley, Sr. PROPOSAL: A conventional zoning reclassification of 3.03 acres from R-15s, Residential District to AC, Assembly Center District to construct a church. PROPOSED COMP LAND USE & DENSITY: Church EXISTING COMP LAND USE & DENSITY: Low density Residential LOCATION: 681 Oak Grove Road TAX MAP SECTION/PARCEL: 0370000001190 BOROUGH: Washington The Planning Commission recommends approval. City Clerk Moore identified the following speaker in support of Public Hearing Item A: Willie Tanksley, 549 Longdale Crescent, representing Great Bridge Congregation of Jehovah s Witnesses. Council Member Hayes, on a motion seconded by Council Member Ward, moved approval of R-08-24, as presented. Council Member Willis asked Mr. Tanksley back to the podium for questions. She asked Mr. Tanksley if the Church had contacted the neighbors about the expansion and if the public notice sign had been posted. Mr. Tanksley stated that he had personally spoken with the neighbors and there were no objections to the expansion. He advised that the public notice sign had been properly posted. There was extensive discussion between Council Members and Mr. Tanksley concerning the proposed building materials and possible noise issues that could result from the expansion. Discussion on the future updating of the noise ordinance also took place. On the motion for approval of R-08-24, as presented, voting yes: Council Members Collins, de Triquet, Hayes, Krasnoff, Parker, Ritter, Ward, West and Willis. #09-O-024 AN ORDINANCE AMENDING THE CHESAPEAKE ZONING ORDINANCE TO PROVIDE FOR THE REZONING OF APPROXIMATELY 3.03 ACRES OF LAND LOCATED AT 681 OAK GROVE ROAD IN THE WASHINGTON BOROUGH, FROM R-15s, RESIDENTIAL DISTRICT TO AC, ASSEMBLY CENTER DISTRICT (R-08-24). - 2 -
B. GB(M)-08-02 PROJECT: The Streets of Greenbrier APPLICANT: Cove Land, LLC AGENCY: Engineering Services Inc. PROPOSAL: A modification to the Greenbrier PUD Development Criteria for the Streets of Greenbrier to permit surface parking in Land Use Area 1, multi-family residential development in Land Use Area 3, and an expansion of permitted uses in the O&I District in all areas. PROPOSED COMP LAND USE & DENSITY: Not applicable EXISTING COMP LAND USE & DENSITY: Regional mixed use to include commercial, professional offices, retail sales, and service establishments and residential units not to exceed 30 dwelling units per acre LOCATION: Property generally located north of Greenbrier Mall between the I-64 on-ramp and 660 ± feet westward of River Birch Run. TAX MAP SECTION/PARCEL: 0280000000077 BOROUGH: Washington The Planning Commission recommends approval, including the development criteria dated January 23, 2009. City Clerk Moore identified the following speaker in support of Public Hearing Item (B): Walton P. Pete Burkhimer, Jr., P.E., 3351 Stoneshore Road, Virginia Beach, representing Cove Land, LLC. Council Member Collins, on a motion seconded by Council Member West, moved approval of GB(M)-08-02, including the development criteria dated January 23, 2009. Council Member Willis requested Mr. Burkhimer to explain the proposed changes that were being proposed. Mr. Burkhimer stated that the main change proposed was the relocation of parking areas behind the building and away from the street scene. Additionally, more commercial units could possibly be constructed with several more stories than originally proposed. On the motion approval of GB(M)-08-02, including the development criteria dated January 23, 2009, voting yes: Council Members Collins, de Triquet, Hayes, Krasnoff, Parker, Ritter, Ward, West and Willis. #09-O-025 AN ORDINANCE AMENDING THE CHEASPEAKE ZONING ORDINANCE TO PROVIDE FOR THE MODIFICATION OF THE DEVELOPMENT CRITERIA AND THE LAND USE PLAN FOR THE GREENBRIER PLANNED UNIT DEVELOPMENT (PUD) FOR THE STREETS OF GREENBRIER TO PERMIT SURFACE PARKING IN LAND USE AREA 1, MULTI-FAMILY RESIDENTIAL DEVELOPMENT IN LAND USE AREA 3, AND AN EXPANSION OF PERMITTED USES IN LAND USE AREA 1, LAND USE AREA 2 AND LAND USE AREA 3 LOCATED NORTH OF GREENBRIER MALL BETWEEN THE I-64 ON-RAMP AND 600 + FEET WESTWARD OF RIVER BIRCH RUN IN THE WASHINGTON BOROUGH (GB(M)-08-02) - 3 -
C. UP-08-33 PROJECT: Philadelphia Church of Christ Disciples APPLICANT: Charlotte Stokes and Edith Stokes PROPOSAL: A conditional use permit to allow a church in unit 116 and unit 117 at Ahoy Acres Shopping Center. ZONE: B-2, General Business SIC CODE: 866 LOCATION: 3940 Airline Boulevard TAX MAP SECTION/PARCEL: 0163004000002 BOROUGH: Western Branch The Planning Commission recommends approval. City Clerk Moore stated there were no speakers on the item. Council Member Parker, on a motion seconded by Council Member Collins, moved approval of UP-08-33, as presented. There was no discussion. On the motion approval of UP-08-33, as presented, voting yes: Council Members Collins, de Triquet, Hayes, Krasnoff, Parker, Ritter, Ward, West and Willis. D. UP-08-35 PROJECT: Trinity Baptist Church Faith Diamond APPLICANT: Trinity Baptist Church AGENCY: Site Improvement Associates, Inc. PROPOSAL: A conditional use permit to construct an off-site parking lot to service an existing church. ZONE: R-10, Residential District SIC CODE: 8661 LOCATION: Property is located 182 ± feet south of 1023 Deep Creek Boulevard TAX MAP SECTION/PARCEL: 0252011000880, 0252011000990 BOROUGH: Deep Creek The Planning Commission recommends approval with the following stipulations: 1. The applicant/owner shall install a 15 foot wide enhanced buffer D along the parking lot s southern and eastern boundaries. This enhanced buffer shall include a combination of Leyland Cypress and Nellie Stevens Holly for a total of 10 plants and 25 evergreen shrubs, such as Wax Myrtle or Lagustrum, per each 100 linear feet as approved by the City Arborist. All other landscaping requirements shall apply. 2. The final site plan shall depict an adequate pedestrian sidewalk connecting the existing sidewalk at Janice Lynn Court to the existing sidewalk at Pendragon Court as approved by the Director of Public Works or designee. This may require pavement widening on the west side of Deep Creek Blvd. The sidewalk shall be completed before approval of a certificate of occupancy. 3. For the final site plan, the two (2) parking spaces located at the existing residential entrance shall be removed to allow for adequate ingress and egress. 4. The applicant/owner agrees to place No Trespassing and No Loitering signs in the parking lot. - 4 -
5. All parking lot lighting shall include light poles no higher than 18 feet and full cut-off fixtures only. The illumination cannot exceed 0.5 foot-candles at the property line. City Clerk Moore stated that the applicant and agent were present and available for questions. Council Member Hayes, on a motion seconded by Council Member Parker, moved approval of UP-08-35 with stipulations, as presented. Council Member Willis gave an overview of the proposed landscaping and screening for the project. On the motion approval of UP-08-35 with stipulations, as presented, voting yes: Council Members Collins, de Triquet, Hayes, Krasnoff, Parker, Ritter, Ward, West and Willis. E. UP-06-44(Rev 12/08) PROJECT: Chicho s Restaurant APPLICANT: SOS Pizza, LLC AGENCY: Pinnacle Group Engineering, Inc. PROPOSAL: A conditional use permit to revise UP-06-44 to allow the sale of alcohol in unit 115 of the Orchard Square Shopping Center at 1400 Kempsville Road. ZONE: B-1, Neighborhood Business District SIC CODE: 58 LOCATION: 1400 Kempsville Road, Parcel B, Unit 115 TAX MAP SECTION/PARCEL: 0380000001500 BOROUGH: Washington The Planning Commission recommends approval with the following stipulation: No alcoholic beverages may be sold for onsite consumption after 2 a.m. City Clerk Moore stated that the applicant and agent were present and available for questions. Council Member Ward, on a motion seconded by Council Member West, moved approval of UP-06-44 (REV 12/08) with the stipulation, as presented. Council Member Willis noted that this application was simply an expansion of an existing business. On the motion approval of UP-06-44 (REV 12/08) with the stipulation, as presented, voting yes: Council Members de Triquet, Hayes, Krasnoff, Parker, Ritter, Ward, West and Willis. (Council Member Collins was out of the Chamber) - 5 -
F. UP-08-34 PROJECT: Firestone Tire Center at Edinburgh APPLICANT: Centres, Inc./BFS North East, LLC, A Florida Limited Liability Co. AGENCY: Wolverton & Associates, Inc. PROPOSAL: A conditional use permit to allow a motor vehicle service facility on 1.02 acres. ZONE: PUD, Planned Unit Development District SIC: 75 LOCATION: West side of Battlefield Boulevard South, approximately 333 feet south of Hillcrest Parkway TAX MAP SECTION/PARCEL: 0730000001780 BOROUGH: Pleasant Grove The Planning Commission recommends approval with the following stipulation: The architectural design of the building shall substantially conform to the exhibit stamp dated January 28, 2009, and shall comply with the requirements of the Edinburgh PUD Development Criteria. The architectural design shall be approved by the Edinburgh Architectural Review Committee and the Planning Director or designee prior to final site plan approval. City Clerk Moore stated that the agent was present and available for questions. Council Member Parker, on a motion seconded by Council Member Collins, moved approval of UP-08-34 with the stipulation, as presented. There was no discussion. On the motion approval of UP-08-34 with the stipulation, as presented, voting yes: Council Members Collins, de Triquet, Hayes, Krasnoff, Parker, Ritter, Ward, West and Willis. G. CP-07-04 A RESOLUTION AMENDING THE 2026 CHESAPEAKE COMPREHENSIVE PLAN TO MODIFY THE PROFFER POLICY BY ADJUSTING THE MAXIMUM AMOUNT OF ANTICIPATED VOLUNTARY CASH PROFFERS FOR SCHOOLS, ROADS, LIBRARIES, AND EMERGENCY SERVICES. The Planning Commission recommends denial. City Clerk Moore stated there were no speakers on the item. Planning Director Nielson informed Council Members that the Planning Department was requesting that the item be continued to March 16, 2010 until after the next General Assembly Session when legislators will consider the voluntary proffers again. Council Member Willis, on a motion seconded by Council Member West, moved to continue CP-07-04 to the March 16, 2010 City Council meeting. Council Member Willis made comments about the proposed Resolution and future consideration of voluntary proffers by the General Assembly. - 6 -
On the motion to continue CP-07-04 to the March 16, 2010 City Council meeting, voting yes: Council Members Collins, de Triquet, Hayes, Krasnoff, Parker, Ritter, Ward, West and Willis. H. #09-O-026 TA-Z-08-12 AN ORDINANCE AMENDING AND REENACTING APPENDIX "A" OF THE CHESAPEAKE CITY CODE, ENTITLED "ZONING", ARTICLE 13, SECTIONS 13-1401 AND 13-1402 AND ARTICLE 14, SECTION 14-705, TO ALLOW CERTAIN SIGNS RELATED TO SEASONAL AGRICULTURAL PRODUCE SALES. The Planning Commission recommends approval of the version dated January 29, 2009. City Clerk Moore stated there were no speakers on the item. Council Member Ritter, on a motion seconded by Council Member Willis, moved approval of TA-Z-08-12, version dated January 29, 2009, as presented. There was no discussion. On the motion approval of TA-Z-08-12, version dated January 29, 2009 as presented, voting yes: Council Members Collins, de Triquet, Hayes, Krasnoff, Parker, Ritter, Ward, West and Willis. I. AN APPEAL OF THE ZONING ADMINISTRATOR'S INTERPRETATION OF PROFFER # 5 (A-D) ASSOCIATED WITH R(C)-04-05 (REV 9/07) BELLS HOLLOW CONDOMINIUM City Clerk Moore identified the following speaker in support of Public Hearing Item I: Shepelle Watkins-White, 524 Johnstown Road, representing Bells Hollow Condominium. City Manager Harrell asked Zoning Administrator John King to the podium to provide staff s interpretation of Proffer #5. Zoning Administrator King presented a brief synopsis of staff s findings with regard to Proffer #5 and that their interpretation was that cash proffers should be provided on all 20 units, not 17 as interpreted the applicant. Council Member Willis, on a motion seconded by Council Member Collins, moved approve the applicant s appeal to overturn the Zoning Administrator s interpretation of Proffer #5 (A-D) associated with R(C)-04-05 (REV 9/07) Bells Hollow Condominiums. Council Member Willis stated that the City should have required proffers to include all the units in the project and that did not appear to be the case. Council Member Collins noted that he also thought the application was for 17 units, not 20. Council Member Ward agreed with the previous speakers and hoped that the new development review process would prevent such discrepancies in the future. - 7 -
Council Member Ritter addressed the procedures and stated that the City needed to develop a disclaimer to be placed on the application noting that an applicant s attorney must review the proffers/stipulations before submitting to the City. On the motion to approve the applicant s appeal to overturn the Zoning Administrator s interpretation of Proffer #5 (A-D) associated with R(C)-04-05 (REV 9/07) Bells Hollow Condominiums, voting yes: Council Members Collins, de Triquet, Hayes, Krasnoff, Parker, Ward, West and Willis. Voting no: Council Member Ritter. J. City Manager Updates City Manager Harrell informed City Council members of the status of the Citizens Police Advisory Board. City Attorney Hallman advised City Council that the General Assembly has not granted local government the authority to have this type of oversight through a citizen-appointed Board. City Manager Harrell noted that he would be working with the Public Safety Liaisons Council Members Parker and de Triquet, and City Attorney Hallman on the issue and will provide a report back to City Council Members. Mr. Harrell advised Council Members about grant funds from the Economic Stimulus Program and stated that the program information would be on the City s web site for the public to view. CITIZENS COMMENTS ON AGENDA ITEMS ONLY Mayor Krasnoff asked if there were any speakers at that time. City Clerk Moore advised there were no speakers on agenda items. REGULAR AGENDA City Manager Item (1) #09-0-027 REQUEST FOR APPROPRIATION OF $1,133,323 IN FY 2007-08 UNDESIGNATED FUNDS BALANCE FOR A VOLUNTARY RETIREMENT INCENTIVE PROGRAM DEPARTMENT OF HUMAN RESOURCES (Continued from the March 10, 2009 City Council Meeting ) City Manager Harrell presented the item and requested that it be approved as presented. Council Member Willis, as a motion seconded by Council Member Collins, moved approval of the Appropriation, as requested. Council Member Willis explained that this was an effort to avoid furloughs for any employees and that the savings realized through voluntary retirements, position elimination and reduced payroll would ease the budget situation. Council Member Ward affirmed that Council Members and City staff were doing everything possible to protect employees. Council Member West stated his concerns that the voluntary retirement program would not save the City any money due to economic times. He requested a report showing the potential savings and the cost of the program. - 8 -
Council Member Parker asked City Manager Harrell what would happen if no employees accepted the incentive. City Manager Harrell answered that a reduction in force would take place with possibly 60 employees having to be rifted from employment. On the motion approval of the Appropriation, as requested, voting yes: Council Members Collins, Hayes, Parker, Ward, Willis. Voting no: Council Members de Triquet, Krasnoff, Ritter and West. COMMITTEE REPORTS Mayor Krasnoff called on Council Members for Committee Reports. Council Member Collins reported on his recent attendance at a special called meeting at Southeastern Public Service Authority (SPSA) noting that information on the meeting had been sent out to Council Members. He further noted that Delegate Cosgrove had asked for a bill to be introduced in the General Assembly calling for a reorganization of SPSA by January 2010. Mr. Collins stated that SPSA Board Members approved a motion to send a letter to Governor Kaine, as well as Delegate Cosgrove, asking for a delay in the reorganization until January, 2011; he voted against the motion. There was brief discussion between Council Members concerning SPSA tipping fees, the change in the Board make up and selling of SPSA assets. Mayor Krasnoff said it was his understanding that SPSA had overpaid a municipality and asked what the next step was to correct the situation. City Attorney Hallman stated that legal counsel was reviewing the issue and maybe a closed session with Council Members to discuss if legal action should be pursued. Council Member West, as liaison to Mosquito Control, advised of his recent attendance at their meeting and noted that Mosquito Control was working with SPSA to collect tires to help eliminate standing water in used tires which can be a breeding ground for mosquitoes. Council Member Willis attended the Chesapeake Sustainability Committee meeting and that the Urban Forest Waterways Recycling Plan was reviewed. Vice Mayor de Triquet commended City Manager Harrell on his work with the Chief Administrative Officers to address the SPSA issues and thanked Council Member Collins for his contributions. He expressed that the goal should be for the City to meet legal obligations of SPSA, provide citizens with the necessary and expected services, and to find a better way to do those services. OLD AND NEW BUSINESS Mayor Krasnoff called on Council Members for Old and New Business. Council Member Ritter discussed the SPSA tipping fee increase and asked City Manager Harrell the status of the Request for Proposal (RFP) for Green Waste and Recycling. Mrs. Ritter asked for information from staff as to whether the Davis-Bacon Act applies to stimulus projects. She asked that staff - 9 -
contact the City of Alexandria concerning the impact of the Moussaoui trial on their locality and discussed the possible housing of detainees from Guantanamo Bay at the Northwest Annex. Vice Mayor de Triquet was excused at 8:16 p.m. Mayor Krasnoff announced that the items on the April 17 public hearing agenda may need to be split and that a possible rules change may be in order. Vice Mayor de Triquet and City Clerk Moore will work on a possible rule change and report back to Council Members. Council Member Ritter shared her concerns about the splitting of public hearing items between meetings. BENEDICTION Mayor Krasnoff called on Council Member Ward to offer the benediction. ADJOURNMENT There being no further business for consideration, the meeting was adjourned at 8:21 p.m. /dah Mayor Attest: City Clerk - 10 -