City Council Work Session€¦ · -1- City Council Work Session May 26, 2015 A Regular Work Session of the Chesapeake City Council was held May 26, 2015 at 5:00 p.m., in the City

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City Council Work Session May 26, 2015

A Regular Work Session of the Chesapeake City Council was held May

26, 2015 at 5:00 p.m., in the City Hall Building, 306 Cedar Road.

Present: Council Member Roland J. Davis, Jr.

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: None (Council Member Craig excused)

Present from Administration: City Manager James Baker, City Attorney Jan

Proctor, Deputy City Manager Amar Dwarkanath, Deputy City Manager Wanda

Barnard-Bailey, Deputy City Attorney Andrew Fox, Acting City Clerk Beverly

Pender, Information Technology Chief Information Officer Peter Wallace, Director

of Finance Nancy Tracy, Director of Public Works Eric Martin, and other staff

members.

Also Present: Lt. Colonel David Hackworth

The following topics were discussed during the Work Session:

(1) Position Management/Budget Transfers/Ordinances

(2) Veterans Housing

(3) Text Messages

The Work Session adjourned at 5:43 p.m.

/mbw

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Regular City Council Meeting May 26, 2015

A Regular Meeting of the Chesapeake City Council was called to order by Mayor

Alan P. Krasnoff on May 26, 2015 at 6:30 p.m. in the City Hall Building, 306

Cedar Road.

INVOCATION: Council Member Roland J. Davis, Jr.

PLEDGE OF ALLEGIANCE: Brandi Robertson, Senior at Grassfield High

School

ROLL CALL BY CLERK OF COUNCIL:

Present: Council Member Lonnie E. Craig

Council Member Roland J. Davis, Jr.

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: None

Present from the Administration: City Manager James Baker, City Attorney

Jan Proctor, Deputy City Manager Amar Dwarkanath, Deputy City Manager

Wanda Barnard-Bailey, Acting City Clerk Beverly Pender, and other staff

members.

APPROVAL OF MINUTES

Mayor Krasnoff stated that there were no minutes submitted for approval.

SPECIAL PRESENTATION

Mayor Krasnoff invited Senator John Cosgrove, Delegate Ron Villanueva,

and Senior Legislative Aide to Delegate Glenn Davis Carrie Hoffman to the

podium for a Special Presentation. Delegate Villanueva presented a

Commending House Joint Resolution to Michael Torrech on his retirement as

Chief Executive Officer of American Maritime Holdings and as an expression of

the General Assembly’s admiration for his many contributions to the Chesapeake

community and the Commonwealth.

Comments were offered by Senator Cosgrove and Mr. Torrech.

Mayor Krasnoff recognized Boy Scouts Noah Boucher and Seth Boucher,

accompanied by Assistant Scout Master Chris Boucher, of Troop 303.

Mayor Krasnoff relinquished the gavel to Vice Mayor de Triquet.

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PROCLAMATION – Miss Chesapeake 2015

Mayor Krasnoff called Miss Chesapeake Pageant Executive Director Jeff

Bunn, Miss Chesapeake 2015 Andolyn Medina, accompanied by her parents, to

the podium to accept the Proclamation.

Remarks were offered by Mr. Bunn and Miss Medina.

PROCLAMATION – Miss Chesapeake’s Outstanding Teen 2015


Bunn and Miss Chesapeake’s Outstanding Teen 2015 Kaylyn Ivey, accompanied

by her mother, to the podium to accept the Proclamation.

Remarks were offered by Miss Ivey.

PROCLAMATION – Miss Chesapeake’s Outstanding Teen in Training 2015


Bunn and Miss Chesapeake’s Outstanding Teen in Training 2015 Elizabeth

Hernly, accompanied by her mother, to the podium to accept the Proclamation.

Remarks were offered Miss Hernly.

PROCLAMATION – Miss Abilities Chesapeake 2015


Bunn, Recreation Specialist II Jessica Smith, Recreation Leader Lauren Siko,

and Miss Abilities Chesapeake 2015 Blake Edwards, accompanied by her

grandparents, to the podium to accept the Proclamation.

Remarks were offered by Miss Edwards and Reverend Dolores Edwards.

SPECIAL RECOGNITION – CHESAPEAKE ENVIRONMENTAL

IMPROVEMENT COUNCIL POSTER CONTEST

Mayor Krasnoff called Chesapeake Environmental Improvement Council

(CEIC) Chairman Wayne Jones and the 2015 Clean and Green Poster Contest

student winners to the podium for special recognition.

Mr. Jones offered comments and thanked City Council for the opportunity to

recognize the 2015 Clean and Green Poster Contest winners.

APPLICANTS’, AGENTS’, AND CITIZENS’ COMMENTS ON PUBLIC

HEARING ITEMS

Acting City Clerk Pender stated there were no speakers prior to the

presentation of the Public Hearing Items.

COUNCIL’S CONSIDERATION OF PUBLIC HEARING ITEMS

Planning Public Hearing Items

A. R(C)-14-30 The Crossings at Oakbrooke APPLICANT: Chesapeake

ILAL Investors, LLC AGENCY: Poole Mahoney PC PROPOSAL: A conditional

zoning reclassification of 8.3± acres from R-15s, Residential District (4± acres)

and A-1, Agricultural District (4.3± acres) to O&I, Office and Institutional District.

PROPOSED COMP LAND USE / DENSITY: Institutional (Group Care and Group

Housing) with approximately 22 dwelling units per acre. EXISTING COMP LAND

USE / DENSITY: Office/Research LOCATION: 418 Clearfield Ave TAX MAP

SECTION/PARCEL: portion of 0480000000860 BOROUGH: Washington

(Continued from the April 21, 2015 City Council meeting.)

The Planning Commission recommended approval with the following proffers:

http://www.cityofchesapeake.net/Assets/supporting_docs/actions_council/2015/05-26-15/a_rc-14-30_the_crossings_at_oakbrooke.pdf

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1. The applicant/owner agrees that the property subject to this rezoning,

R(C)-14-30, (the “Property”) will be used exclusively for Group Housing for the

Elderly (as defined in the Chesapeake Zoning Ordinance) and a Group Care

Facility (as defined in the Chesapeake Zoning Ordinance) and associated

accessory uses and buildings. The Group Care Facility will be limited to

individuals aged 55 and older and individuals suffering from Alzheimer’s disease.

The subject property shall be developed in a manner that is generally consistent

with the rezoning exhibit dated March 25, 2015, as determined by the Director of

Planning or designee. The applicant/owner further agrees that the maximum

number of units for Group Housing for the Elderly shall be one hundred (100) and

the maximum number of units for the Group Care Facility shall be eighty five

(85).

2. The applicant/owner agrees to make a cash contribution to the City of

Chesapeake for Capital Improvements to public transportation facilities, public

libraries, and public emergency service facilities for the portion of the project that

represents Group Housing for the Elderly. The amount of the voluntary cash

contribution shall be $993 per unit of Group Housing for the Elderly (a maximum

of 100 units). The applicant/owner agrees to make the proffered cash

contribution prior to the issuance of a certificate of occupancy for each unit, or

building containing units of Group Housing for the Elderly. The applicant/owner

acknowledges and agrees that the cash contributions may be deposited into the

City of Chesapeake’s “Lock Box”, also known as the General Fund Reserve for

Future Capital Needs and shall be subject to City Council approval prior to

appropriation and used for capital improvements as permitted by the

Chesapeake Proffer Policy, the Chesapeake Zoning Ordinance and the Code of

Virginia. The cash proffers may be used for alternative improvements approved

by the City Council under Section 15.2-2303.2 of the Code of Virginia, including

major repairs and renovations of public facilities, to the extent permitted by state

law. The cash proffer shall be allocated as follows: Emergency Services $993.

3. The applicant/owner agrees that the principal building on the Property

shall be generally consistent with the building elevations entitled “The Crossings

at Chesapeake” prepared by Gaylen Howard Laing Architect, date stamped

March 25, 2015 on file with the Chesapeake Planning Department as determined

by the Planning Director or designee.

4. The applicant/owner agrees that vehicular ingress and egress from the

Property to Clearfield Avenue shall be provided via an access road to Clearfield

Avenue as generally depicted on the rezoning exhibit dated March 25, 2015.

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During final site plan review, the applicant/owner agrees to dedicate to the City of

Chesapeake, at no cost to the City, a minimum width of 60 feet of public right of

way by deed or subdivision plat as generally depicted on the rezoning exhibit

dated March 25, 2015 on file with the Planning Department. If accepted by the

Director of Development and Permits or designee, the dedication shall be

completed before issuance of the first certificate of occupancy on the property.

In the event that the Director of Development and Permits, or designee,

determines that acceptance of the public right of way is not warranted during final

site plan review, the access road shall remain private until the Director of

Development and Permits or designee provides written notice that the City will

accept the public right of way dedication. The owner/applicant agrees to

complete the right of way dedication, in accordance with the restrictions in this

proffer, within 60 days of receipt of the written notice from the Director of

Development and Permits or designee. Notwithstanding the foregoing, the

applicant/owner shall install two lanes of travel on the referenced access road

between the Property and Clearfield Avenue in accordance with the Public

Facilities Manual, and as required by the Director of Development and Permits or

designee before the issuance of the first certificate of occupancy.

5. The applicant/owner agrees to record a non-ingress/egress easement on

a form acceptable to the City Attorney along the Property’s entire frontage of

Clearfield Avenue except for the intersection referenced in proffer #4 above,

emergency access, and the remaining frontage of the overall parcel not included

in the rezoning application R(C)-14-30. The non-ingress/egress easement shall

be recorded prior to the issuance of the first certificate of occupancy.

6. The applicant/owner agrees to dedicate, at no cost to the City of

Chesapeake, the ultimate right of way width for Clearfield Avenue along the

frontage of the property included in this rezoning application R(C)-14-30. The

right of way dedication shall provide for an ultimate width of Clearfield Avenue as

depicted on the rezoning exhibit dated March 25, 2015, including a 25 feet

franchise utility easement, and shall occur by deed or plat before the issuance of

the first certificate of occupancy. During site plan review the dedication shall be

subject to the review and approval of the Director of Development and Permits in

order to achieve the ultimate width depicted on the rezoning exhibit dated March

25, 2015. The recorded deed or subdivision plat shall include a statement that,

“The owner/applicant and its assigns shall not be entitled to a claim of damages

solely related to improvements in the dedication area or damages to the Property

solely by reason of the right-of-way dedication pursuant to Proffer #6 of R(C)-14-

30.”

7. The applicant/owner agrees to install and maintain a modified landscape

buffer yard along the Property’s Clearfield Avenue frontage that is subject to this

rezoning application in connection with the franchise utility easement as

generally depicted on the rezoning exhibit dated March 25, 2015 on file with the

Planning Department. The buffer yard shall be a minimum width of 20 feet and

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shall consist of the plantings required of a Buffer Yard “F” with a 3’ berm and no

fencing.

8. A conceptual site plan prepared by Hassel and Folkes, PC and entitled

“The Crossings at Chesapeake”, dated March 25, 2015, a copy of which is on file

with the Chesapeake Planning Department, has been submitted to the

Chesapeake Planning Department, Planning Commission and City Council for

illustrative purposes only and to provide support for this rezoning action. No

rights shall vest nor any cause of action shall arise from the submission, review

or acceptance of this conceptual site plan. In order to obtain preliminary or final

site or subdivision approval, changes in the conceptual site plan will be

necessary to accommodate environmental, engineering, architectural,

topographic, or other development conditions, and to meet the requirements of

applicable laws, ordinances and regulations. All preliminary and final site and

subdivision plans are subject to the approval of the Director of Planning, or

designee and/or the Director of Development and Permits or designee. A copy

of the final approved site plan shall be placed in the file with the Planning

Department and the Department of Development and Permits and shall

supersede any previously filed conceptual site plan.

Acting City Clerk Pender presented the item.

Planning Director Shea presented Planning staff’s recommendation.

Acting City Clerk Pender identified the following speaker:

Grady Palmer, 1403 Greenbrier Parkway, representing Chesapeake ILAL

Investors, LLC, offered revised Proffer #3 and requested the application be

continued to the June 16, 2015 City Council meeting.

Revised Proffer #3:

3. The applicant agrees to make a cash contribution to the City of

Chesapeake for Capital Improvements to public transportation facilities. Without

imposing any limitations, the cash contribution is being made in connection with

the planned future road improvements to the Greenbrier traffic shed. The amount

of the voluntary cash contribution shall be $300,000. The applicant agrees to

make the proffered cash contribution prior to the issuance of a certificate of

occupancy. In the event that the ultimate anticipated improvements to Clearfield

Avenue across the frontage of tax map parcel numbers 0480000000860 and

0480000000850 are completed using private funds pursuant to a plan approved

by the Director of Development and Permits, or designee, and to the extent that

funds are available in the Greenbrier traffic shed as determined by the Director of

Public Works, the cash contribution shall be refundable to the owner of record of

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tax map parcel #0480000000860 remaining after subdivision of the property

being rezoned.

Council Member Ike, on a motion seconded by Council Member West, moved to

continue R(C)-14-30 to the June 16, 2015 City Council meeting.

There was no further discussion.

On the motion for continuance of R(C)-14-30 to the June 16, 2015 City Council

meeting voting yes: Council Members Craig, Davis, de Triquet, Ike, Kelly, Krasnoff,

Ritter, Ward and West.

Voting no: None

Vice Mayor de Triquet relinquished the gavel back to Mayor Krasnoff.

B. UP-14-40 The Crossings at Oakbrooke APPLICANT:

Chesapeake ILAL Investors, LLC AGENCY: Poole Mahoney PC PROPOSAL:

A conditional use permit for a Group Care Facility and for Group Housing for the

Elderly, with a height exception to allow a 4 story building, instead of a 2 story

building and to allow a building height of 65 feet instead of 35 feet as required,

when adjacent to existing single family detached residences. ZONE: O&I, Office

and Institutional District (Proposed) LOCATION: 418 Clearfield Ave TAX MAP

SECTION/PARCEL: portion of 0480000000860 BOROUGH: Washington

(Continued from the April 21, 2015 City Council Meeting.)

The Planning Commission recommended approval.


Without objection from City Council members, this item was continued to

the June 16, 2015 City Council meeting.

C. R(C)-14-01 Shillelagh Property APPLICANT: Shillelagh Commons LLC

AGENCY: Land Planning Solutions PROPOSAL: A conditional zoning

reclassification of approximately 33± acres from R-15, Residential District (4±

acres) and A-1, Agricultural District (29± acres) to R-MF-1, Multi-Family

Residential District. PROPOSED COMP LAND USE / DENSITY: Medium

Density Residential EXISTING COMP LAND USE / DENSITY: Regional Mixed

Use/Low Density Residential LOCATION: East side of Shillelagh Road, 1,000

feet north of Vincek Way TAX MAP SECTION/PARCEL: 0460000000580

BOROUGH: Deep Creek (This item was continued from the December 16,

2014, April 21, and May 19, 2015 City Council meetings)


1. The applicant/owner agrees that residential development on the

subject property shall be limited to single-family detached condominium units and

attached (townhouse style) condominium units as generally depicted on the

rezoning exhibit dated August 4, 2014 prepared by Land Planning Solutions.

2. The applicant/owner agrees that there shall be a maximum of 196

for sale residential condominium units. Single-family detached condominium

units shall not exceed 121 units and attached townhouse style condominium

units shall not exceed 75 units.

3. The applicant/owner agrees to make a cash contribution to the City

of Chesapeake for Capital Improvements to public school facilities, public

http://www.cityofchesapeake.net/Assets/supporting_docs/actions_council/2015/05-26-15/b_up-14-40_the_crossing_at_oakbrooke.pdf

http://www.cityofchesapeake.net/Assets/supporting_docs/actions_council/2015/05-26-15/c_rc-14-01_shillelagh_property.pdf

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transportation facilities, public libraries, and public emergency service facilities.

The amount of the voluntary cash contribution shall be $2,546.00 per single-

family detached condominium unit. The applicant/owner agrees to make the

proffered cash contribution prior to the issuance of a certificate of occupancy for

each residential dwelling unit, or building containing residential units. The

applicant/owner acknowledges and agrees that the cash contribution may be

deposited into the City of Chesapeake’s “Lock Box,” also known as the General

Fund Reserve for Future Capital Needs and shall be subject to City Council

approval prior to appropriation and used for capital improvements as permitted

by the Chesapeake Proffer Policy, the Chesapeake Zoning Ordinance and the

Code of Virginia. The cash proffers may be used for alternative improvements

approved by the City Council under Section 15.2-2303.2 of the Code of Virginia,

including major repairs and renovations of public facilities to the extent permitted

by state law. The cash contribution shall be allocated as follows: Schools

$1591; Transportation $0; Libraries $570; Emergency Services $385.

4. The applicant/owner agrees to make a cash contribution to the City

of Chesapeake for Capital Improvements to public school facilities, public

transportation facilities, public libraries, and public emergency service facilities.

The amount of the voluntary cash contribution shall be $1,273.00 per attached

condominium unit. The applicant/owner agrees to make the proffered cash

contribution prior to the issuance of a certificate of occupancy for each residential

dwelling unit, or building containing residential units. The applicant/owner

acknowledges and agrees that the cash contribution may be deposited into the

City of Chesapeake’s “Lock Box,” also known as the General Fund Reserve for

Future Capital Needs and shall be subject to City Council approval prior to

appropriation and used for capital improvements as permitted by the

Chesapeake Proffer Policy, the Chesapeake Zoning Ordinance and the Code of

Virginia. The cash proffers may be used for alternative improvements approved

by the City Council under Section 15.2-2303.2 of the Code of Virginia, including

major repairs and renovations of public facilities to the extent permitted by state

law. The cash contribution shall be allocated as follows: Schools $685;

Transportation $0; Libraries $351; Emergency Services $237.

5. The applicant/owner agrees that it shall dedicate the ultimate 120 ft.

right-of-way for Cahoon Parkway on the property subject to this rezoning as

depicted on the exhibit dated August 4, 2014 at no cost to the City. The

alignment of the dedication shall be subject to review and approval by the

Director of Development and Permits, or designee. The right of way dedication

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shall be completed before the issuance of a certificate of occupancy for the 66th

residential unit. At any time prior to the issuance of a certificate of occupancy for

the 66th residential unit, the right of way dedication shall be completed at no cost

to the City by municipal acquisition plat within 60 days of receipt of a written

request by the Director of Development and Permits or designee.

6. The applicant/owner agrees to design and construct the

improvements to the intersection of Cahoon Parkway and Ward Road as

depicted on the exhibit dated August 4, 2014 prepared by Land Planning

Solutions within existing public right of way. The improvements shall consist of

the elements depicted in the applicable cross section set out on the above-

referenced exhibit, provided that the Director of Development and Permits, or

designee, may approve substitute elements to address design issues. These

improvements shall be completed in accordance with a Department of

Development & Permits approved plan before the issuance of a certificate of

occupancy for the 1st dwelling unit on the subject property.

7. The applicant/owner agrees to, at its own cost and expense, design

and construct the improvements between points A and B as depicted on the

exhibit dated August 4, 2014 prepared by Land Planning Solutions within the

right of way acquired by the City pursuant to proffer # 1a of R(C)-07-23

(Plantation Greens). The improvements shall consist of the elements generally

depicted in the applicable cross section set out on the above-referenced exhibit,

provided that the Director of Development and Permits, or designee, may

approve substitute elements to address design issues. These improvements

shall be substantially completed in accordance with a Department of

Development & Permits approved plan prior to issuance of a Certificate of

Occupancy for the 1st residential unit.

8. The applicant/owner shall, at its own cost and expense, design and

construct the improvements between points B and C as depicted on the exhibit

dated August 4, 2014 prepared by Land Planning Solutions within the public right

of way dedication required by proffer #5. The improvements shall consist of the

elements depicted in the applicable cross section set out on the above-

referenced exhibit, provided that the Director of Development and Permits, or

designee, may approve substitute elements to address design issues. These

improvements shall be substantially completed in accordance with a Department

of Development & Permits approved plan prior to issuance of a Certificate of

Occupancy for the 66th residential unit.

9. The applicant/owner agrees to record a non-ingress/egress

easement on the property subject to this rezoning in a form acceptable to the City

Attorney to prohibit vehicular access to Cahoon Parkway extended except at two

intersections. The easement shall be established with the dedication of the right

of way required by proffer #5.

10. The applicant/owner agrees that a condominium association will be

established to own and maintain all private common areas, landscape buffers

and storm water management facilities associated with the subject property.

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Furthermore, the condominium association shall adopt and be solely responsible

for the adoption and enforcement of the architectural guidelines set out in proffer

#11. The condominium association shall be formed before the issuance of the

first building permit for a residential structure.

11. The applicant/owner agrees that the exterior architectural motif and

elevations are to be aesthetically pleasing in appearance and generally

compatible in terms of the overall structure and its relationship to other structures

based on location, size and quality within the development. The selection of

materials shall be harmonious with the architectural motif of each dwelling unit

and community as a whole. Exterior materials shall reflect harmony with both the

environment and other structures in the neighborhood. Elevation quality,

character, material and content should be continued on all sides. The following

criteria shall be applied by the Condominium Association to the review and

approval of residential structures:

a. Composition sheet siding, exposed wood, exposed concrete or

cinder block shall be prohibited as exterior materials.

b. Exterior walls with the same color scheme as adjacent or nearby

homes will be permitted on a frequency of only every fourth dwelling unit.

c. Exterior finish materials are fiber-cement siding, brick, stone, stucco

(EIFS will not be allowed), wood, and machine cut shingles. Vinyl siding will be

limited to premium vinyl siding with a minimum thickness of 0.044 inches.

d. Front brick or stone skirt is mandatory. All units shall be

constructed on a raised slab with a garage.

e. If only one siding material is used then shutters, hinges and dogs

shall be provided with skirt treatment of brick or stone.

f. If shutters are provided they shall appear operable by including

hinges and dogs.

g. There shall be a minimum 4” width corner board, window trim and

door trim. Windows on the first floor shall be a minimum 6” taller than upper

floor windows.

h. Roofing: Any architectural grade product with a minimum 25 year

warranty shall be required.

i. The following minimum square footage requirements shall apply:

Attached condominium units shall be a minimum of 1,600

square feet.

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Detached S.F. Units (sm home) as set out on the Rezoning

Exhibit (42 feet wide condominium lots) shall be a minimum of

2,000 square feet.

Detached S.F. Units (lg home) as set out on the Rezoning

Exhibit shall be 2,600 square feet.

12. The applicant/owner shall convey an Avigation Easement (the

“Avigation Easement”) to the Chesapeake Airport Authority (the “Airport

Authority”) following the final approval of this rezoning application by City Council

(and the expiration of any applicable referendum and appeal period associated

therewith). Such Avigation Easement shall be recorded in the office of the Clerk

of the Circuit Court for the City of Chesapeake (so that the Easement shall be

included in the record chain of title for all buyers and lenders having any interest

in any portion of the Property), and shall be in a form substantially similar to that

attached hereto as Exhibit A (as amended from time to time by written agreement

of the Applicant/Owner and the Airport Authority). In addition, the

applicant/owner shall include a notation on any subdivision plat submitted for City

approval for any portion of the Property, which note shall provide further notice of

the grant of the Avigation Easement over the Property.

13. The applicant/owner agrees to, at its own cost and expense, install

and maintain a landscape buffer yard “E” with no berm or fence in the buffer

along the entire the frontage on Cahoon Parkway as generally depicted on the

exhibit dated August 4, 2014. Furthermore, the applicant/owner agrees to install

and maintain a buffer yard “C” with no fence or wall in the buffer along the

Shillelagh Road frontage as generally depicted on the exhibit dated August 4,

2014. These buffers shall be installed concurrently with the construction of

Cahoon Parkway extended and shall be complete prior to the issuance of a

certificate of occupancy for the 150th residential unit and shall be subject to the

review and approval by the Director of Development and Permits or designee.

14. The applicant/owner agrees to provide for the installation of a traffic

signal at the intersection of Cahoon Parkway and Grassfield Parkway in

accordance with the following:

a. A warrant of need analysis may be conducted by the Director of

Development and Permits, or designee, to determine whether the

applicant/owner shall install the traffic signal. The warrant of need may be

conducted at any time prior to the issuance of a certificate of occupancy

for the 150th residential unit on the subject property.

b. The traffic signal installation shall be subject to the review and

approval of the Director of Development and Permits and shall be installed

within six (6) months of the date designated on a written notice to proceed

issued by the Director of Development and Permits, or designee.

c. The applicant/owner shall bond the approved traffic signal as

provided for in Section 70-122 of the Chesapeake City Code.

d. In the event that the analysis does not warrant the installation of the

traffic signal before the issuance of a certificate of occupancy for the 150th

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residential unit or if no warrant of need analysis has been conducted, the

applicant/owner agrees to make a cash contribution of $44,000 to be paid before

the issuance of a certificate of occupancy for the 150th residential unit. This

payment shall represent the projects pro rata share of the cost of the traffic

signal. Upon receiving such payment, the bond provided for in subparagraph c

above shall be released and the applicant/owner’s obligation under

subparagraph a. and b. above shall be extinguished.

e. In the event that the applicant/owner is required to install the traffic

signal, the applicant/owner, or its assign, shall be entitled to all other proffered

pro rata payments for the installation of the traffic signal received by the City,

including but not limited to R(C)-07-23 and any other applicable rezoning or

conditional use permit. However, the applicant/owner shall not receive an

amount of pro rata payments in excess of the actual cost of the installation of the

traffic signal.

Proffer 15 was added on August 22, 2014:

15. The applicant/owner agrees that any direct vehicular access to

Shillelagh Road from the subject property shall be limited to a gated emergency

access that shall comply with the requirements of the Fire Department.



Acting City Clerk Pender identified the following speakers in support of

Public Hearing Item (C):

Grady Palmer, 1403 Greenbrier Circle, representing Shillelagh Commons

LLC, offered additional Proffer #16 and requested the item be continued to the

June 16, 2015 City Council meeting.

Proffer #16:

16. The applicant/owner agrees that land disturbing activities

associated with this rezoning shall not commence until May 1, 2017. In the event

certain master drainage plan improvements between Shillelagh Road and

Dominion Commerce Park are not complete on or before May 1, 2017 but the

Director of Development and Permits determines that the improvements are

being diligently pursued, land disturbing activities shall not be commenced until

approved by the Director of Development and Permits based on a finding that the

referenced drainage improvements will be completed in a timely manner.

John Teenwen, 946 Shillelagh Road, representing self.

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Acting City Clerk Pender identified the following speakers in support of

Public Hearing Item (C) who opted to defer comments until the June 16, 2015

City Council meeting:

Scott Stamm, 5857 Harbour View Boulevard, Suffolk.

Jay Mears, 1131 Old Vintage Road.

Tommy Jones, 1241 Shillelagh Road.

Paul Pierce, 1044 Shillelagh Road.

Michael Collins, 1457 Shillelagh Road.

Ottis Spruill, 929 Shillelagh Road.

John Bishard, 196 Willow Drive, Virginia Beach.

Vice Mayor de Triquet, on a motion seconded by Council Member Ward,

moved to continue R(C)-14-01 to the June 16, 2015 City Council meeting.

There was no further discussion.

On the motion for continuance of R(C)-14-01 to the June 16, 2015 City

Council meeting voting yes: Council Members Craig, Davis, de Triquet, Ike,

Kelly, Krasnoff, Ritter, Ward and West.

Voting no: None

Vice Mayor de Triquet was excused at 7:18 p.m.

D. TA-Z-14-05 An Ordinance amending Appendix A of the City Code,

entitled “Zoning”, Article 14, Section 14-301 and 14-302 of the Chesapeake

Zoning Ordinance to allow for the approval by administrative process the

following uses, a Level I Home Occupation for a family day home serving six

through twelve children, subject to certain criteria. (This item was continued from

the November 18, 2014 and April 21, 2015 City Council Meetings)

The Planning Commission recommended approval of the version dated

August 13, 2014 with additional language added to Section 14-301.C, with the

sentence beginning on Line 26 that ends with the word outside. “No activities

associated with the home occupation shall be conducted outside, with the

exception of family day homes serving six through twelve children as further set

out in section L below.”



Council Member Ritter commented that significant changes to the State

law pertaining to home daycare licensing would be forthcoming in 2016 and

2017, and suggested City Council wait for the State’s final disposition before

taking action.

Council Member Ritter, on a motion seconded by Council Member Kelly,

moved to withdraw the item from consideration.

There was no further additional discussion.

On the motion to withdraw the item from consideration, voting yes:

Council Members Craig, Davis, Ike, Kelly, Krasnoff, Ritter, Ward and West.

Voting no: None (Vice Mayor de Triquet excused)

Mayor Krasnoff read the following Statement of Abstention: “I am

abstaining from participating in Public Hearing Item (E), 1137 Battlefield

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Boulevard, North, R(C)-15-05, because I have an ownership interest in

commercial property located in the same vicinity as the subject property.

Because this rezoning may impact the value of my property and because I wish

to avoid any appearance of impropriety, I will abstain from participating in this

item. The City Attorney has confirmed that my abstention is consistent with the

objectives of the Virginia Conflict of Interests Act.”

Mayor Krasnoff relinquished the gavel to Council Member Ward.

E. #15-O-073 R(C)-15-05 1137 Battlefield Boulevard, North

APPLICANT: David and Janet Swinehart PROPOSAL: A conditional zoning

reclassification of approximately 0.33± acres from R-15s, Residential District to

O&I, Office and Institutional District. PROPOSED COMP LAND USE /

DENSITY: Office EXISTING COMP LAND USE / DENSITY: Office LOCATION:

1137 Battlefield Blvd, N TAX MAP SECTION/PARCEL: 0365001000760

BOROUGH: Washington (Continued from the May 19, 2015 City Council

Meeting)


1. The applicant/owner agrees that the existing driveway apron shall

be removed and that the proposed drive aisle and parking on the subject

property shall be constructed as shown on the rezoning exhibit date

stamped February 9, 2015, on file with the Planning Department. Said

construction shall be subject to the review and approval of the Director of

Development and Permits or designee and completed prior to the issuance of a

Certificate of Occupancy.

2. The applicant/owner shall record an ingress/egress easement, on a form

acceptable to the City Attorney, across the rear of the subject property to the

property line of adjacent abutting parcels as shown on the rezoning exhibit date

stamped February 9, 2015, on file with the Planning Department prior to final site

plan approval. Said ingress/egress easement shall be consistent with the

Access Plan approved by City Council on January 20, 2004, with application,

R(C)-03-24, Halyard & Associates, as determined by the Director of

Development and Permits or designee.

3. The applicant/owner shall record a non-ingress/egress easement along

the subject property’s entire parcel frontage with Battlefield Boulevard, on a form

acceptable to the City Attorney, prior to final site plan approval.

4. The applicant/owner agrees to limit the use of the subject property to

office uses, only.

-1-

5. The applicant/owner agrees that the exterior of the existing building on the

subject property shall retain a residential character as determined by the Director

of Planning or designee. The applicant/owner also agrees that any modifications

to the existing building or any newly constructed building shall contain

architectural features consistent with a residential structure as determined by the

Planning Director or designee.

6. The applicant/owner agrees to limit total signage on the subject property

to no more than one freestanding, monument-style sign that is no more than

thirty-six square feet in area.

7. A conceptual site plan prepared by Horton & Dodd, PC and entitled

“Exhibit to Accompany Rezoning Exhibit for 1137 Battlefield Boulevard, North”,

date stamped February 9, 2015, a copy of which is on file with the Chesapeake

Planning Department, has been submitted to the Chesapeake Planning

Department, Planning Commission and City Council for illustrative purposes only

and to provide support for this rezoning action. No rights shall vest nor any

cause of action shall arise from the submission, review or acceptance of this

conceptual site plan. In order to obtain preliminary or final site or subdivision

approval, changes in the conceptual site plan will be necessary to accommodate

environmental, engineering, architectural, topographic, or other development

conditions, and to meet the requirements of applicable laws, ordinances and

regulations. All preliminary and final site and subdivision plans are subject to the

approval of the Director of Planning, or designee and/or the Director of

Development and Permits or designee. A copy of the final approved site plan

shall be placed in the file with the Planning Department and the Department of

Development and Permits and shall supersede any previously filed conceptual

site plan.



Acting City Clerk Pender identified the following speakers:

David Swinehart, 3953 Bunch Walnuts Road, representing self, spoke in

support of Public Hearing Item (E).

Lee Halyard, 1133 Battlefield Boulevard, North, representing self, spoke

on Public Hearing Item (E).

Council Member Ritter, on a motion seconded by Council Member West,

moved to approve R(C)-15-05, with proffers, as presented.

Council Member Ritter asked Director of Development and Permits Jay

Tate to the podium to discuss the project and the issues raised by Mr. Halyard.

Discussion ensued between Council Member Ritter and City Attorney

Proctor on issues in City Council’s purview, which included voluntary proffers, the

enforcement of same, and the issues concerning the stormwater Best

Management Practices (BMPs).

Council Member Ritter offered comments in support of the project.

Council Member West offered brief comments in support of the motion.

There was no additional discussion.

- 16 -

On the motion for approval of R(C)-15-05, with proffers, as presented,

voting yes: Council Members Craig, Davis, Ike, Kelly, Ritter, Ward and West.

Voting no: None (Mayor Krasnoff abstained and Vice Mayor de Triquet excused)

Council Member Ward relinquished the gavel back to Mayor Krasnoff.

Mayor Krasnoff called the following speaker to the podium:

Edward Marchant, 636 Hoffman Avenue, representing self, spoke in opposition to

Public Hearing Item (D).

Non-Planning Public Hearing Items

F. #15-R-032 RESOLUTION AUTHORIZING THE CITY MANAGER

AND CITY CLERK TO EXECUTE A SALES AGREEMENT AND DEED OF

SPECIAL WARRANTY TO CONVEY TO SOLID ROCK WORLDWIDE

OUTREACH MINISTRY, A VIRGINIA NON-STOCK CORPORATION, A

CERTAIN PIECE OR PARCEL OF LAND CONTAINING APPROXIMATELY 690

SQUARE FEET OR 0.016 ACRE, MORE OR LESS, LOCATED AT INDIAN

CREEK ROAD IN THE BUTTS ROAD BOROUGH OF THE CITY OF

CHESAPEAKE, KNOWN AS A PORTION OF TAX PARCEL 0970000000450

Acting City Clerk Pender presented the item and stated there were no

speakers.

Mayor Krasnoff requested the motion include waiving the $173.00

purchase price.

City Attorney Proctor concurred with the request to waive the purchase

price, noting 1) the property ownership was in dispute between the City of

Chesapeake and the purchaser and 2) the purchase price could be waived

without setting a precedent.

Council Member West, on a motion seconded by Council Member Ward,

moved to approve the Resolution with a waiver of the purchase price of $173.00,

as presented.

There was no discussion.

On the motion to approve the Resolution with a waiver of the purchase

price of $173.00, as presented, voting yes: Council Members Craig, Davis, Ike,

Kelly, Krasnoff, Ritter, Ward and West.


G. #15-R-033 RESOLUTION AUTHORIZING THE CITY MANAGER

AND CITY CLERK TO EXECUTE A PROPOSED AGREEMENT AND DEED OF

GIFT CONVEYING CERTAIN REAL PROPERTY, CONTAINING

APPROXIMATELY 6.358 ACRES, MORE OR LESS, LOCATED IN THE

WASHINGTON BOROUGH OF THE CITY OF CHESAPEAKE, VIRGINIA, TO

-1-

CYPRESS LANDING, L.L.C., A VIRGINIA LIMITED LIABILITY COMPANY, THE

SOLE MEMBER OF WHICH IS THE SOUTHEASTERN VIRGINIA HOUSING

CORPORATION, A NON-PROFIT COMMUNITY HOUSING DEVELOPMENT

CORPORATION, TO DEVELOP AFFORDABLE HOUSING IN THE CITY OF

CHESAPEAKE TO SERVE DISABLED AND/OR HOMELESS VETERANS.

Acting City Clerk Pender presented the item and identified the following

speakers in support of Non-Planning Public Hearing Item (G):

William Wheaton, 228 Royal Oak Drive, representing the Mayor’s

Commission on Veterans Affairs.

John Nogosek, 504 Spurlock Way, representing the Mayor’s Commission

on Veterans Affairs.

Council Member Ritter, on a motion seconded by Council Member Craig,

moved to approve the Resolution, as presented.


On the motion to approve the Resolution, as presented, voting yes:

Council Members Craig, Davis, Ike, Kelly, Krasnoff, Ritter, Ward and West.


H. #15-O-074 AN ORDINANCE GRANTING A FRANCHISE TO

____________________FOR THE TERM AND UPON THE CONDITIONS

HEREIN STATED TO OCCUPY AND USE THE STREETS, ALLEYS AND

PUBLIC PLACES OF THE CITY OF CHESAPEAKE TO INSTALL, MAINTAIN,

UPGRADE, REPAIR AND REMOVE POLES, WIRES, ELECTRICAL

CONDUCTORS, CONDUITS, SUBWAYS, MANHOLES, FIXTURES,

APPLIANCES AND APPURTENANCES OF A TELECOMMUNICATIONS

SYSTEM IN THE CORPORATE LIMITS OF THE CITY OF CHESAPEAKE,

VIRGINIA

City Attorney Proctor explained the process for the bid opening.

Acting City Clerk Pender presented the item and stated there was one

speaker in support of Non-Planning Public Hearing Item (H).

Mayor Krasnoff opened and read into the record a bid submitted by Lumos

Networks Incorporated, dated May 19, 2015.

Mayor Krasnoff solicited additional bids from the floor; there were none.

Council Member Ike, on a motion seconded by Council Member Kelly,

moved to close the acceptance of bids.


On the motion to close the acceptance of bids, voting yes: Council

Members Craig, Davis, Ike, Kelly, Krasnoff, Ritter, Ward and West


Mayor Krasnoff announced that the acceptance of bids was closed.


moved to award the bid to Lumos Networks Incorporated and adopt the

Franchise Ordinance, as presented.


- 18 -

On the motion to award the bid to Lumos Networks Incorporated and

adopt the Franchise Ordinance, voting yes: Council Members Craig, Davis, Ike,

Kelly, Krasnoff, Ritter, Ward and West


The Franchise Agreement was awarded to Lumos Networks Incorporated.

CITIZENS’ COMMENTS ON AGENDA ITEMS ONLY

Acting City Clerk Pender identified the following speaker:

Shepelle Watkins-White, 870 Greenbrier Circle, representing VLP Associates,

LLC, spoke in support of New Business Item (B).

CONSENT AGENDA

Acting City Clerk Pender 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 were none.

Council Member Kelly, 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, Davis, Ike, Kelly, Krasnoff, Ritter, Ward and West


City Clerk Items

(1) RESIGNATIONS

A. Tameka Hatcher – Commission on Health and Well Being

B. Veronica Vaughan – Chesapeake Youth Committee

C. Lynn Davidson – Library Board

(2) REFUNDS

A. Brian and Jennifer Economy - $8,004.04

B. Jaime and Christina Rojas - $12,650.94

C. Craig and Janet Pope - $2,832.64

(3) ACKNOWLEDGEMENTS FOR REZONING APPLICATIONS: Public

necessity, convenience, general welfare and good zoning practice require the

following zoning reclassification requests to be heard. These requests are not

public hearing items at this time. These items will be heard by the Planning

Commission on June 10, 2015 and will be considered by City Council at a future

meeting:

A. R(C)-15-09 Great Bridge United Methodist Church APPLICANT: Great

Bridge United Methodist Church PROPOSAL: A conditional zoning

-1-

reclassification from R-15s, Residential District (4.32± acres), to AC, Assembly

Center District (4.32± acres). PROPOSED COMP LAND USE / DENSITY:

Assembly Center EXISTING COMP LAND USE / DENSITY:

Business/Commercial LOCATION: 201 Stadium Rd TAX MAP

SECTION/PARCEL: 0600000000360 BOROUGH: Butts Road

B. R(C)-15-10 525 Dove Drive APPLICANT: Michael Yakich PROPOSAL: A

conditional zoning reclassification of 2 acres from RE-1, Residential District to R-

15, Residential District. PROPOSED COMP LAND USE / DENSITY: Low

Density Residential with something less than four dwelling units per acre

EXISTING COMP LAND USE / DENSITY: Low Density Residential with

something less than four dwelling units per acre LOCATION: 525 Dove Dr TAX

MAP SECTION/PARCEL: 0590000001840 BOROUGH: Pleasant Grove

City Manager Items

(1) POSITION MANAGEMENT

A. REQUEST THAT CITY COUNCIL AUTHORIZE THE CITY MANAGER TO

APPROVE A REQUEST TO RECLASSIFY AN ADMINISTRATIVE ASSISTANT

II POSITION TO AN ADMINISTRATIVE ASSISTANT III POSITION IN THE

OFFICE OF THE SHERIFF – OFFICE OF THE SHERIFF

B. REQUEST THAT CITY COUNCIL AUTHORIZE THE CITY MANAGER TO

APPROVE A REQUEST TO RECLASSIFY A PART-TIME TOLL COLLECTOR

POSITION TO A PART-TIME TOLL COLLECTOR ASSISTANT SUPERVISOR

POSITION IN THE DEPARTMENT OF PUBLIC WORKS – DEPARTMENT OF

PUBLIC WORKS

(2) BUDGET TRANSFERS

A. REQUEST THAT CITY COUNCIL AUTHORIZE THE CITY MANAGER TO

APPROVE A REQUEST FOR THE TRANSFER OF $49,298 FROM THE

EMERGENCY EVENT CONTINGENCY TO THE DEPARTMENT OF PARKS,

RECREATION AND TOURISM AS REIMBURSEMENT FOR SNOW RELATED

EXPENSES – DEPARTMENT OF PARKS, RECREATION AND TOURISM

B. REQUEST THAT CITY COUNCIL AUTHORIZE THE CITY MANAGER TO

APPROVE A REQUEST FOR THE TRANSFER OF $103,592 IN CONTROLLED

EXPENSES IN THE FACILITIES MAINTENANCE DIVISION, $150,000 IN

GENERAL EXPENSES IN THE STREETS DIVISION, AND $36,408 FROM

CAPITAL OUTLAY IN THE FACILITIES MAINTENANCE DIVISION TO

GENERAL EXPENSES IN THE FACILITIES MAINTENANCE DIVISION; AND

TRANSFER $33,000 FROM SALARIES IN THE STREETS DIVISION TO

PAYROLL IN THE CONTRACTUAL SERVICES DIVISION – DEPARTMENT OF

PUBLIC WORKS

C. REQUEST THAT CITY COUNCIL AUTHORIZE THE CITY MANAGER TO

APPROVE A REQUEST FOR THE TRANSFER OF $40,000 FROM GENERAL

EXPENSES TO CAPITAL OUTLAY IN THE STREETS DIVISION AND $20,000

FROM SALARIES/BENEFITS TO TEMPORARY LABOR SERVICES IN THE

WASTE COLLECTION DIVISION OF PUBLIC WORKS – DEPARTMENT OF

PUBLIC WORKS

- 20 -

(3) REQUEST FOR AUTHORITY TO SUBMIT A CRISIS INTERVENTION

TEAM ASSESSMENT SITE CENTER GRANT APPLICATION TO THE

VIRGINIA DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL

SERVICES – CHESAPEAKE INTEGRATED BEHAVIORAL HEALTHCARE

(4) #15-O-075 REQUEST FOR APPROPRIATION OF $2,000 IN PUBLIC

SAFETY ANSWERING POINT (PSAP) - WIRELESS EDUCATION PROGRAM

GRANT FUNDS AWARDED BY THE E-911 SERVICES BOARD – POLICE

DEPARTMENT

(5) #14-O-076 REQUEST FOR APPROPRIATION OF $150,000 IN PUBLIC

SAFETY ANSWERING POINT (PSAP) – CONTINUITY AND CONSOLIDATION

PROGRAM GRANT FUNDS AWARDED BY THE E-911 SERVICES BOARD –

POLICE DEPARTMENT

Mayor Krasnoff recognized The Honorable William E. Ward, former Mayor of

Chesapeake, and Lee and Margaret Baynor in the audience.

REGULAR AGENDA

City Manager Items

(6) #15-O-077 REQUEST FOR EMERGENCY APPROPRIATION OF

$219,000 IN CRISIS INTERVENTION TEAM DROP-OFF CENTER

CONTINUATION GRANT FUNDS AWARDED BY THE VIRGINIA

DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL

SERVICES – CHESAPEAKE INTEGRATED BEHAVIORAL HEALTHCARE

City Manager Baker presented the item for approval as an emergency action.

Council Member Ward, on a motion seconded by Council Member Craig, moved

approval of the Request, as presented, and as an emergency action.


On the motion to approve the Request, as presented, and as an emergency

action, voting yes: Council Members Craig, Davis, Ike, Kelly, Krasnoff, Ritter,

Ward and West


(7) #15-O-078 REQUEST FOR EMERGENCY APPROPRIATION OF

$123,386 IN ADDITIONAL STATE AND FEDERAL FUNDING AND $488,757

FROM THE RESTRICTED FUND BALANCE OF THE CHESAPEAKE

INTEGRATED BEHAVIORAL HEALTHCARE FUND BALANCE TO

CHESAPEAKE INTEGRATED BEHAVIORAL HEALTHCARE – CHESAPEAKE

INTEGRATED BEHAVIORAL HEALTHCARE

City Manager Baker presented the item for approval as an emergency action.

-1-

Council Member Ike, on a motion seconded by Council Member Craig, moved

approval of the Request, as presented, and as an emergency action.


On the motion to approve the Request, as presented, and as an emergency

action, voting yes: Council Members Craig, Davis, Ike, Kelly, Krasnoff, Ritter,

Ward and West


(8) #15-O-079 REQUEST FOR APPROPRIATION OF $1,000,000 IN

DONATED JOINT ESCROW FUND FUNDS FOR THE GREAT BRIDGE

BATTLEFIELD AND WATERWAYS VISITOR CENTER – DEPARTMENT OF

PUBLIC WORKS

City Manager Baker presented the item for approval.

Mayor Krasnoff called Great Bridge Battlefield and Waterways History

Foundation President William Ward to the podium to address City Council.

William Ward, 1432 Waterside Drive, representing the Great Bridge Battlefield

and Waterways History Foundation, offered his support.

Council Member Ritter, on a motion seconded by Council Member Ward, moved

approval of the Request, as presented.


On the motion to approve the Request, as presented, voting yes: Council



(9) #15-R-034 RESOLUTION APPROVING THE LOCATION AND

ALIGNMENT FEATURES OF A PROJECT FOR THE REPLACEMENT OF THE

22ND STREET BRIDGE – DEPARTMENT OF PUBLIC WORKS


Council Member Kelly, on a motion seconded by Council Member Ritter, moved

approval of the Resolution, as presented.


On the motion to approve the Resolution, as presented, voting yes: Council



(10) #15-R-035 RESOLUTION AUTHORIZING THE CITY MANAGER OR

DESIGNEE TO SUBMIT AN APPLICATION TO THE U.S. DEPARTMENT OF

TRANSPORTATION FOR FUNDING THROUGH THE TRANSPORTATION

INFRASTRUCTURE GENERATING ECONOMIC RECOVERY (TIGER)

DISCRETIONARY GRANT PROGRAM IN THE AMOUNT OF $20,000,000 FOR

CONSTRUCTION OF THE FREEMAN AVENUE OVERPASS PROJECT –

DEPARTMENT OF PUBLIC WORKS


Council Member Ward, on a motion seconded by Council Member Ike, moved

approval of the Resolution, as presented.


- 22 -




(11) #15-O-080 AN ORDINANCE AMENDING THE 2011-2012 FISCAL YEAR

CAPITAL IMPROVEMENT APPROPRIATION ORDINANCE, ADOPTED ON

MAY 10, 2011, AND AMENDED ON JUNE 10, 2014, TO REVISE THE

APPROPRIATION AND FUNDING SOURCES FOR INTEREST COSTS

RELATED TO THE CHESAPEAKE TRANSPORTATION SYSTEM –

DEPARTMENT OF FINANCE

City Manager Baker presented the item for approval and requested that

the corrected version, with the amount of $276,982,771.00 being underlined, be

adopted.

Council Member West, on a motion seconded by Council Member Ike,

moved approval the Ordinance, as corrected.


On the motion to approve the Ordinance, as corrected, voting yes:



City Attorney Item

(1) #15-R-036 RESOLUTION AUTHORIZING THE CITY MANAGER OR

HIS DESIGNEE TO ACCEPT AND RECORD A DEED OF GIFT TO THE CITY

OF CHESAPEAKE FROM CHESAPEAKE ARBORETUM, A VIRGINIA NON-

STOCK CORPORATION, CONVEYING FEE SIMPLE OWNERSHIP OF

CERTAIN REAL PROPERTY LOCATED IN THE WASHINGTON BOROUGH OF

THE CITY OF CHESAPEAKE, VIRGINIA, CONTAINING APPROXIMATELY

1.691 ACRES, MORE OR LESS, KNOWN AS TAX PARCEL NUMBER

0378003000270, AT STILLWATER DRIVE

City Attorney Proctor presented the item for approval.


moved approval of the Resolution, as presented.





CITIZENS’ COMMENTS ON THE SERVICES, POLICIES, AND AFFAIRS OF

THE CITY (NON AGENDA SPEAKERS)

Acting City Clerk Pender advised that there were no speakers.

-1-

APPOINTMENTS TO BOARDS AND COMMISSIONS

A. Chesapeake Bay Preservation Area Board – 2 vacancies

Council Member Davis nominated Stephen Nowak for appointment as an

alternate member.

Council Member Ritter nominated John Sherman for appointment as an

alternate member.

Council Member Kelly, on a motion seconded by Council Member Ward,

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, Davis, Ike, Kelly, Krasnoff, Ritter, Ward and West


Stephen Nowak and John Sherman were appointed to the Chesapeake

Bay Preservation Area Board as alternate members.

B. Chesapeake Commission on Health and Well Being – 2 vacancies

Council Member Kelly, on a motion seconded by Council Member Ike,

moved to continue the appointments to the June 23, 2015 City Council meeting.


On the motion to continue the appointments to the June 23, 2015 City

Council meeting, voting yes: Council Members Craig, Davis, Ike, Kelly, Krasnoff,

Ritter, Ward and West


C. Chesapeake Committee on Aging – 1 vacancy

Council Member Craig nominated Karen Waite for appointment.

Council Member Ward, on a motion seconded by Council Member West,

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, Davis, Ike, Kelly, Krasnoff, Ritter, Ward and West


Karen Waite was appointed to the Chesapeake Committee on Aging.

D. Hampton Roads Planning District Commission – 3 vacancies

Council Member Ritter nominated Council Member Ella P. Ward and City

Manager James E. Baker for reappointment and requested a continuance of the

remaining vacancy.


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, Davis, Ike,

Kelly, Krasnoff, Ritter, Ward and West


- 24 -

Council Member Ella P. Ward and City Manager James E. Baker were

reappointed to the Hampton Roads Planning District Commission.

E. Chesapeake City Council Audit Committee – 3 vacancies

Without objection, appointments were continued to the June 23, 2015 City

Council meeting.

UNFINISHED BUSINESS

Mayor Krasnoff asked City Council Members for any Unfinished Business;

there was none offered.

NEW BUSINESS

A. CONSIDERATION OF REQUEST TO INCREASE THE 2015/16 BUDGET

FOR THE CITY ATTORNEY’S OFFICE TO ALLOW FOR THE HIRING OF

ADDITIONAL ATTORNEYS TO HANDLE LITIGATION IN-HOUSE (Requested

by Council Member Ike)

Acting City Clerk Pender read the item into the record.

Council Member Ike, on a motion seconded by Council Member Ward,

moved to continue New Business Item (A) to the June 9, 2015 City Council

meeting.


On the motion to continue New Business Item (A) to the June 9, 2015 City

Council meeting, voting yes: Council Members Craig, Davis, Ike, Kelly, Krasnoff,

Ritter, Ward and West


B. RECONSIDERATON OF THE MOTION FOR R(C)-15-03 JOHNSTOWN

ROAD (THIS ITEM’S MOTION FOR APPROVAL FAILED BY A VOTE OF 4-5 AT

THE MAY 19, 2015 CITY COUNCIL MEETING WITH COUNCIL MEMBERS

DAVIS, DE TRIQUET, KRASNOFF, KELLY AND RITTER VOTING IN

OPPOSITION) (RECONSIDERATION WAS REQUESTED BY COUNCIL

MEMBERS KELLY, RITTER AND WEST)

Acting City Clerk Pender read the item into the record.


moved approval to reconsider the action for R(C)-15-03 Johnstown Road at the

June 9, 2015 City Council meeting.


On the motion to reconsider the action for R(C)-15-03 Johnstown Road at

the June 9, 2015 City Council meeting, voting yes: Council Members Craig,

Davis, Ike, Kelly, Krasnoff, Ritter, Ward and West


-1-

Mayor Krasnoff requested an initiating resolution be placed on the June 9,

2015 City Council meeting agenda requesting the Planning Commission to

consider and make recommendations concerning a proposed amendment to the

2035 Chesapeake Comprehensive Plan to adopt the Dominion Boulevard

Corridor Study.

Council Member Davis requested an initiating resolution be placed on the

June 9, 2015 City Council meeting agenda requesting the Planning Commission

to consider and make recommendations concerning proposed amendments to

the Zoning Ordinance to amend the Tables of Permitted and Conditional Uses

and conditions for solid waste management facilities in all zoning districts.

Mayor Krasnoff asked City Council Members for any additional New

Business; there was none offered.

CLOSED SESSION

City Attorney Proctor provided the following language for a Closed

Session: “to conduct a closed session to interview prospective candidates for the

position of City Clerk, said session to commence at 2:30 p.m. on June 2, 2015

and to be held at the Chesapeake Conference Center, as permitted by Section

2.2-3711(A)(1) of the Code of Virginia.”

Council Member Ward, on a motion seconded by Council Member Ike,

moved approval of the Closed Session request.


On the motion to approve the Closed Session request, voting yes, Council



City Attorney Proctor provided the following language for a Closed

Session: “to discuss the acquisition of real property for a public purpose where

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(3) of the

Code of Virginia.

Council Member Ward, on a motion seconded by Council Member Ike,

moved approval of the Closed Session.


On the motion to approve the Closed Session discussion, voting yes:



City Council recessed at 8:20 p.m., convened the Closed Session at 8:25

p.m., and reconvened the meeting at 8:45 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.”

- 26 -

Council Member Davis, on a motion seconded by Council Member Ike,

moved to approve certification of the Closed Session discussion.


On the motion to approve certification of the Closed Session discussion,

voting yes: Council Members Craig, Davis, Ike, Kelly, Krasnoff, Ritter, Ward and

West


BENEDICTION

Council Member Ward offered the evening’s benediction.

ADJOURNMENT

With there being no further business to discuss, Mayor Krasnoff adjourned

the meeting at 8:49 p.m.

/mbw

______________________________

Mayor Attest: ______________________________ Acting City Clerk

Documents

City Council Work Session€¦ · -1- City Council Work Session May 26, 2015 A Regular Work Session of the Chesapeake City Council was held May 26, 2015 at 5:00 p.m., in the City