City Council Work SessionMarch 8 2016

A Regular Work Session of the Chesapeake City Council was held March8 2016 at 430 pm in the City Hall Building 306 Cedar Road

Present Council Member Lonnie E CraigCouncil Member Roland J Davis Jr

Vice Mayor John de Triquet

Council Member Robert C Ike Jr

Council Member Suzy H KellyMayor Alan P Krasnoff

Council Member S Z Debbie Ritter

Council Member Ella P Ward

Council Member Richard Rick West

Absent None

Present from Administration City Manager James Baker City Attorney JanProctor Deputy City Manager Wanda BarnardBailey Acting City Clerk BeverlyPender Public Works Director Eric Martin Assistant Public Works Director Earl

Sorey Assistant to the City Manager Mary Ann Saunders Planning AssistantDirector Karen Shaffer Public Works and other staff members

Others Present Colonel Jason E Kelly District Commander Mike Darrow

ChiefDeputy District Engineer for Project Management and Kerry M KennedyPE Project Manager

The following topics were discussed during the Work Session

1 Position ManagementBudgetTransfersOrdinances2 US Army Corps of Engineers Update

The Work Session adjourned at 525pm

sm

Regular City Council MeetingMarch 8 2016

A Regular Meeting of the Chesapeake City Council was called to order by MayorAlan P Krasnoff on March 8 2016 at 630 pm in the City Hall Building 306 Cedar RoadINVOCATION Council Member Kelly

PLEDGE OF ALLEGIANCE Jesse Crawford 8t grade student at Hugo Owens MiddleSchool

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 KellyMayor Alan P Krasnoff

Council Member SZ Debbie Ritter

Council Member Ella P Ward

Council Member Richard Rick West

Absent None

Present from the Administration City Manager James Baker City Attorney JanProctor Deputy City Manager Wanda BernardBailey Acting City Clerk Beverly PenderDeputy City Attorney Andrew Fox and other staff membersAPPROVAL OF MINUTES

Mayor Krasnoff stated that there were no minutes submitted for approval andrelinquished the gavel to Vice Mayor de TriquetPROCLAMATION National Social Work and Family Services Month 2016

Mayor Krasnoff called Director of Human Services Michele Cowling AssistantDirector Kathryn Goldberg Chief of Child and Family Services Vickie Haralson Chief ofAdult Services Beverly Jackson and Family Services Supervisor Elise Pugh forward toaccept the Proclamation

Director Cowling and Chiefs Haralson and Jackson made commentsCITIZENS COMMENTS ON AGENDA ITEMS ONLY

Acting City Clerk Pender identified the following speakers

Kevin Hubbard 709 Greenbrier Parkway representing self spoke in support ofCity Attorney Item 1

Becky Junghans 486 Plummer Drive representing self spoke in opposition toNew Business Items A and B

Tim Culpepper 1605 Tapgallant Quay representing self spoke in support of NewBusiness Item B

Dr Toney McNair Jr 310 Daffodil Lane representing Chesapeake EducationAssociation spoke in opposition to New Business Item B

Christine Armstrong 533 ButterFly Drive representing self spoke in support ofNew Business Item A

Thomas Kline 222 Central Park Avenue Virginia Beach VA representing selfwas available for questions on New Business Item B

March 8 2016

CONSENT AGENDA

Acting City Clerk Pender read the Consent Agenda into the recordVice Mayor de Triquet asked if there were any items City Council Members wished

to have removed from the Consent Agenda for consideration under the Regular AgendaThere were none

Council Member Ike on a motion seconded by Council Member Craig movedapproval of the Consent Agenda as presented

There was no discussion

On the motion to approve the Consent Agenda as presented voting yes CouncilMembers Craig Davis de Triquet Ike Kelly Krasnoff Ritter Ward and West

Voting no NoneCitv Clerk Items

1 RESIGNATIONS

A Douglas S Murff Chesapeake Commission on Health and Well BeingB Dave Valle Fontanez Chesapeake Commission on Health and Well BeingC Chilee Hailes Chesapeake Youth Committee

D Shirl Gary Human Services Advisory BoardE Sharon Parker Human Services Advisory Board

F Marieo Henry Utitity Review Board

2 REFUNDS

A Shipyard Staffing LLC466416w

B Pilot Travel Centers LLC387389

Citv Manaqer Items

1 POSITION MANAGEMENT

A REQUEST THAT CITY COUNCIL AUTHORIZE THE CITY MANAGER TOAPPROVE A REQUEST TO RECLASSIFY A LIBRARIAN I POSITION TO A LIBRARIAN IIPOSITION WITHIN THE CHESAPEAKE PUBLIC LIBRARY SYSTEM CHESAPEAKE PUBLIC

LIBRARY SYSTEM

B REQUEST THAT CITY COUNCIL AUTHORIZE THE CITY MANAGER TOAPPROVE A REQUEST TO RECLASSIFY A PARTTIME VAN DRIVER POSITION TO A FULLTIME DIRECT SUPPORT TECHNICIAN POSITION IN CHESAPEAKE INTEGRATED

BEHAVIORAL HEALTHCARE CHESAPEAKE INTEGRATED BEHAVIORAL HEALTHCARE

C REQUEST THAT CtTY COUNCIL AUTHORIZE THE CITY MANAGER TOAPPROVE A REQUEST TO RECLASSIFY AN ACCOUNT CLERK POSITION TO AREIMBURSEMENT SPECIALIST POSITION IN CHESAPEAKE INTEGRATED BEHAVIORALHEALTHCARE CHESAPEAKE INTEGRATED BEHAVIORAL HEALTHCARE

2 BUDGET TRANSFERS

A REQUEST THAT CITY COUNCIL AUTHORIZE THE CITY MANAGER TOAPPROVE A REQUEST TO TRANSFER 245724 FROM THE CITYS OPERATIONSCONTINGENCY TO LIBRARY GENERAL EXPENSES CHESAPEAKE PUBLIC LIBRARY

SYSTEM

B REQUEST THAT CITY COUNCIL AUTHORIZE THE CITY MANAGER TOAPPROVE A REQUEST TO TRANSFER633915FROM GENERAL EXPENSES TO CAPITAL

2

March 8 2016

OUTLAY FOR THE CHESAPEAKE PUBLIC LIBRARY SYSTEM CHESAPEAKE PUBLIC

LIBRARY SYSTEM

C REQUEST THAT CITY COUNCIL AUTHORIZE THE CITY MANAGER TOAPPROVE A REQUEST TO TRANSFER 10000 FROM DESKTOP ENVIRONMENT

SUPPORT PROGRAM WAGES TO GEOGRAPHIC INFORMATION SYSTEM GIS PROGRAMWAGES5000 AND INFORMATION TECHNOLOGY MAINFRAME WAGES5000 IN THEDEPARTMENT OF INFORMATION TECHNOLOGY DEPARTMENT OF INFORMATION

TECHNOLOGY

D REQUEST THAT CITY COUNCIL AUTHORIZE THE CITY MANAGER TO

APPROVE A REQUEST TO TRANSFER90000 FROM CONTROLLED EXPENDITURES AND

233400 FROM CAPITAL OUTLAY TO GENERAL EXPENSES FOR ANTICIPATED REPAIRSPUBLIC WORKSFACILITIES MAINTENANCE

E REQUEST THAT CITY COUNCIL AUTHORIZE THE CITY MANAGER TO

APPROVE A REQUEST TO TRANSFER 105460 AMONG THE UTILITY ACCOUNTS OFSEVERAL DEPARTMENTS BUDGET OFFICE

F REQUEST THAT CITY COUNCIL AUTHORIZE THE CITY MANAGER TO

ACCEPT AND TRANSFER FROM THE GRANTS CONTINGENCY 1412894 IN DONATEDREVENUE TO THE CHESAPEAKE PUBLIC LIBRARY SYSTEM CHESAPEAKE PUBLIC

LIBRARY SYSTEM

G REQUEST THAT CITY COUNCIL AUTHORIZE THE CITY MANAGER TO

ACCEPT AND TRANSFER FROM THE GRANTS CONTINGENCY595980 IN DONATEDREVENUE TO THE CHESAPEAKE PUBLIC LIBRARY SYSTEM CHESAPEAKE PUBLIC

LIBRARY SYSTEM

H REQUEST THAT CITY COUNCIL AUTHORIZE THE CITY MANAGER TO

APPROVE A REQUEST TO TRANSFER 6250 FROM GENERAL EXPENSES TO CAPITALOUTLAY FOR THE CHESAPEAKE PUBLIC LIBRARY SYSTEM CHESAPEAKE PUBLIC

LIBRARY SYSTEM

I 160020 REQUEST THAT CITY COUNCIL AUTHORIZE THE CITY MANAGER

TO APPROVE A REQUEST TO TRANSFER 12500 FROM THE CITYS OPERATIONSCONTINGENCY TO THE DEPARTMENT OF HUMAN SERVICESDIVISION OF SOCIALSERVICES FOR BURIAL ASSISTANCE DEPARTMENT OF HUMAN SERVICESDIVISION

OF SOCIAL SERVICES

J REQUEST THAT CITY COUNCIL AUTHORIZE THE CITY MANAGER TOAPPROVE A REQUEST TO TRANSFER 60000 FROM THE DEPARTMENT OF

AGRICULTURESSALARIESWAGES AND SICK PAY LINE ITEM TO THE DEPARTMENT OFAGRICULTURES OUTSIDE AGENCYOTHER LINE ITEM DEPARTMENT OF

AGRICULTURE

K REQUEST THAT CITY COUNCIL AUTHORIZE THE CITY MANAGER TO

APPROVE A REQUEST TO TRANSFER 6600 FROM GENERAL EXPENSES TO CAPITALOUTLAY FOR THE PURCHASE OF CLOSED CAPTIONING EQUIPMENT IN THE

DEPARTMENT OF PUBLIC COMMUNICATIONS DEPARTMENT OF PUBLIC

COMMUNICATIONS

L 160021 REQUEST THAT CITY COUNCIL AUTHORIZE THE CITY MANAGER

TO ACCEPT AND TRANSFER FROM THE GRANTS CONTINGENCY 3989 IN POLICINGIN THE 21ST CENTURY GRANT FUNDS AWARDED BY THE DEPARTMENT OF CRIMINALJUSTICE SERVICES AND TRANSFER 210 FROM THE POLICE OPERATING BUDGET TOTHE GRANT POLICE DEPARTMENT

3

March 8 2016

M REQUEST THAT CITY COUNCIL AUTHORiZE THE CITY MANAGER TO

ACCEPT AND TRANSFER FROM THE GRANTS CONTINGENCY 200 IN DONATED FUNDSFOR THE BOYS AND GIRLS CONFERENCES TO THE OFFICE OF THE

COMMONWEALTHS ATTORNEY OFFICE OF THE COMMONWEALTHSATTORNEY

N REQUEST THAT CITY COUNCIL AUTHORIZE THE CITY MANAGER TO

ACCEPT AND TRANSFER FROM THE GRANTS CONTINGENCY 406579 IN VIRGINIADEPARTMENT OF TAXATION SPAY NEUTER CHECKOFF PROGRAM FUNDS FORPAYMENT TO THE CHESAPEAKE HUMANE SOCIETY AND 354511 IN OTHER

DONATIONS TO ANIMAL SERVICES POLICE DEPARTMENT ANIMAL SERVICES

0 REQUEST THAT CITY COUNCIL AUTHORIZE THE CITY MANAGER TO

ACCEPT AND TRANSFER FROM THE GRANTS CONTINGENCY 2055 IN DONATEDREVENUE TO THE FIRE DEPARTMENT FIRE DEPARTMENT

P REQUEST THAT CITY COUNCIL AUTHORIZE THE CITY MANAGER TO

ACCEPT AND TRANSFER FROM THE GRANTS CONTINGENCY 96042 IN 2015 STATEHOMELAND SECURITY PROGRAM SHSP FOAM TEAM TRAINING GRANT FUNDS

AWARDED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY FIRE DEPARTMENT

Q REQUEST THAT CITY COUNCIL AUTHORIZE THE CITY MANAGER TO

ACCEPT AND TRANSFER FROM THE GRANTS CONTINGENCY 108986 IN 2014 STATEHOMELAND SECURITY PROGRAM SHSP FOAM TEAM EQUIPMENT GRANT FUNDS

AWARDED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY FIRE DEPARTMENT

R REQUEST THAT CITY COUNCIL AUTHORIZE THE CITY MANAGER TO

ACCEPT AND TRANSFER FROM THE GRANTS CONTINGENCY 200000 IN 2015 STATEHOMELAND SECURITY PROGRAM SHSP HAMPTON ROADS INCIDENT MANGEMENT

TEAM HRIMT GRANT FUNDS AWARDED BY THE FEDERAL EMERGENCY MANAGEMENT4

AGENCY FIRE DEPARTMENT

S REQUEST THAT CITY COUNCIL AUTHORIZE THE CITY MANAGER TO

ACCEPT AND TRANSFER FROM THE GRANTS CONTINGENCY 14257 IN 2015 STATEHOMELAND SECURITY PROGRAM SHSP HAZMAT TEAM GRANT FUNDS AWARDED

BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY FIRE DEPARTMENT

T REQUEST THAT CITY COUNCIL AUTHORIZE THE CITY MANAGER TO

ACCEPT AND TRANSFER FROM THE GRANTS CONTINGENCY 150000 IN 2015 STATEHOMELAND SECURITY PROGRAM SHSP RADIO CACHE TEAM GRANT FUNDS

AWARDED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY FIRE DEPARTMENT

U 160022 REQUEST THAT CITY COUNCIL AUTHORIZE THE CITY MANAGER

TO APPROVE A TRANSFER OF119154 IN UNUSED CAPITAL PROJECT FUNDS ANDMODIFICATION TO THE PROJECT SCOPE FOR THE CHESAPAKE PUBLIC LIBRARYSYSTEM MATERIALS HANDLING PROJECT CHESAPAKE PUBLIC LIBRARY SYSTEM

V REQUEST THAT CITY COUNCIL AUTHORIZE THE CITY MANAGER TOAPPROVE A REQUEST TO TRANSFER 32554 FROM GENERAL EXPENSES TO CAPITALOUTLAY FOR THE CHESAPEAKE PUBLIC LIBRARY SYSTEM CHESAPEAKE PUBLIC

LIBRARY SYSTEM

W REQUEST THAT CITY COUNCIL AUTHORIZE THE CITY MANAGER TO

ACCEPT AND TRANSFER FROM THE GRANTS CONTINGENCY 51986 IN ADDITIONALVICTIMWITNESS ASSISTANCE PROGRAM GRANT FUNDS AWARDED BY THE VIRGINIADEPARTMENT OF CRIMINAL JUSTICE SERVICES TO THE VICTIM WITNESS PROGRAMOFFICE OF THE SHERIFF

4

March 8 2016

3 16R007 RESOLUTION APPROVING A REQUEST BY FAST TRACK EMS LLC TOPROVIDE PRIVATE ADVANCED LIFE SUPPORT EMERGENCY NONEMERGENCY ANDINTERFACILITY TRANSPORT SERVICES IN THE CITY OF CHESAPEAKE VIRGINIA FIRE

DEPARTMENT

4 160023 REQUEST FOR APPROPRIATION OF 1000 IN DONATED FUNDS FOR

TWO BLUE STAR MEMORIAL MARKERS TO BE DISPLAYED ON THE DOMINIONBOULEVARD CORRIDOR DEPARTMENT OF PUBLIC WORKS

5 160024 REQUEST FOR APPROPRIATION OF 6532527 IN RECOVERY ANDREBATE FUNDS FIRE DEPARTMENT

Vice Mayor de Triquet relinquished the gavel back to Mayor KrasnoffREGULAR AGENDA

Citv Manaqer Items

6 160025 REQUEST FOR APPROPRIATION OF 870000 FROM THE COMMITTEDFUND FUND BALANCE OF THE GENERAL FUND FOR THE PURCHASE OF A

REPLACEMENT PUMPER TRUCK FIRE DEPARTMENT

City Manager Baker presented the item

Council Member Ike on a motion seconded by Council Member West moved toapprove of Appropriation as presented

There was no discussion

On the motion to approve the Appropriation as presented voting yes CouncilMembers Craig Davis de Triquet Ike Kelly Krasnoff Ritter Ward and West

Voting no None

7 A REQUEST FOR APPROPRIATION OF AND ACCEPTANCE AS AMENDMENT

TO THE FY 201516 CAPITAL BUDGET1113359 IN STORMWATER LOCAL ASSISTANCEFUND PROGRAM GRANT FUNDS AWARDED BY THE VIRGINIA DEPARTMENT OFENVIRONMENTAL QUALITY DEPARTMENT OF PUBLIC WORKS

City Manager Baker presented the item and advised that according to Virginia lawonce amendments to the Budget reach 1 of the total amount a Public Hearing wasrequired therefore a continuance was requested

Vice Mayor deTriquet on a motion seconded by Council Member Ward moved tocontinue the Request to the April 12 2016 City Council meeting

There was no discussion

On the motion to continue the Request to the April 12 2016 City Council meetingvoting yes Council Members Craig Davis de Triquet Ike Kelly Krasnoff Ritter Wardand West

Voting no None

B RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE

AGREEMENTS BETWEEN THE CITY OF CHESAPEAKE AND THE VIRGINIA DEPARTMENTOF ENVIRONMENTAL QUALITY TO ACCEPT GRANT FUNDING OF 1055814 FORWASHINGTON MANOR OUTFALL AND BMP AND 57545 FOR YADKIN ROAD AREAOUTFALL AND BMP DEPARTMENT OF PUBLIC WORKS

City Manager Baker presented the item with request for continuance

Vice Mayor deTriquet on a motion seconded by Council Member Ward moved tocontinue the Request to the April 12 2016 City Council meeting

There was no discussion

5

March 8 2016

On the motion to continue the Request to the April 12 2016 City Council meeting

voting yes Council Members Craig Davis de Triquet Ike Kelly Krasnoff Ritter Wardand West

Voting no NoneCitv Attornev Item

1 160026 AN ORDINANCE AMENDING CHAPTER 62 OF THE CHESAPEAKECITY CODE ENTITLED SOLID WASTE SECTIONS 6289 7 AND 6292 THEREOFTO REQUIRE TRANSFER STATIONS OR TRANSPORTATION TERMINALS USEDFOR THE TRANSPORT OF HAZARDOUS WASTE FROM A POINT OF ORIGINATIONTO A POINT OF DESTINATION TO SUBMIT A LIST OF THE TYPE AND QUANTITYOF HAZARDOUS WASTE TO BE TEMPORARILY STORED ON SITE AS PART OF THECONDITIONAL USE PERMIT APPLICATION AND TO AUTHORIZE SETBACK

REDUCTIONS FOR SOLID WASTE MANAGEMENT FACILITIES EXCLUSIVELY

ENGAGED IN THE TRANSFER AND TEMPORARY STORAGE OF SEALED ANDCONTAINERIZED HAZARDOUS WASTE SUBJECT TO COMPLIANCE WITH STATEDCRITERIA AND APPROVAL BY THE CITY COUNCIL Continued from the February 9

2016 City Council Meeting

City Attorney Proctor presented the itemCouncil Member Davis on a motion seconded by Council Member Ike moved to

approve the Ordinance with a 50 setback as amendedMayor Krasnoff reiterated that approval of the Ordinance was to allow the issue to

k

be considered in the future

City Attorney Proctor stated this was a Citywide Ordinance and would not reduceany setbacks until an application for a Conditional Use Permit was presented to CityCouncil

Council Member West asked for a clarification of the setback footage

City Attorney Proctor advised that the Ordinance was written with a 60 setback asrequested by the Department of Development and Permits She noted after further reviewand consultation with the Uniform Statewide Building Code USBC the setbacks rangefrom 30 to 75 depending on the type and quantity of hazardous materials that were beingstored In the event the USBC required a greater setback the greater would apply

Council Member Ritter stated that the 60 setback was not from residential

properties She noted the current setback was 1500 and could only be changed with theapplication of a Conditional Use Permit

City Attorney Proctor concurred and noted that these were minimum thresholdsShe further stated that the 60 setback was from the building where hazardous materialswere stored to the exterior property line adding that there was also a 200 setback fromany residential property

On the motion to approve the Ordinance with a 50 setback as amended votingyes Council Members Craig Davis de Triquet Ike Kelly Krasnoff Ritter Ward andWest

Voting no None

6

March 8 2016

CITIZENS COMMENTS ON THE SERVICES POLICIES AND AFFAIRS OF THE CITY

NON AGENDA SPEAKERS

Acting City Clerk Pender identified the following speakers

Christopher Lessick 957 Johnstown Road representing self spoke on educationand school renovations

Ellis W James 2021 Kenlake Place Norfolk VA representing self spoke in

opposition to development near Stumpy Lake

Mayor Krasnoff recognized Boy Scout Will Quinn Hickory Middle School student

working towards his Communication Merit BadgeUNFINISHED BUSINESS

Mayor Krasnoff asked City Council Members for any Unfinished Business therewas none offered

NEW BUSINESS

A RECONSIDERATION OF RC0522 Rev 1015 Butterfly Drive APPLICANT

Jason and Christine Armstrong PROPOSAL A request for reconsideration of proffers

approved with RC0522 to reduce cash proffers to 4000 per single family unitPROPOSED COMP LAND USE DENSITY Low Density Residential EXISTING COMPLAND USE DENSITY Low Density Residential LOCATION 533 Butterfly Drive TAXMAP SECTIONPARCEL 0590000001850 BOROUGH Pleasant Grove

The Planning Commission recommended approval with the following proffers

A

1 The applicant owner agrees that no more than four lots will be created on the

property subject to this rezoning2 The applicantowner agrees to make a cash contribution to the City of Chesapeake

for capital improvements to public school facilities public transportation facilities publiclibraries and public emergency service facilities The amount of the voluntary cash

contribution shall be4000 per residential dwelling unit The applicantowner agrees to

make the proffered cash contribution prior to the issuance of a certificate of occupancyfor each residential dwelling unit or building containing residential units The

applicantowner acknowledges and agrees that the cash contribution may be depositedinto the City of Chesapeakeslock 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 and

state law The cash proffers may be used for alternative improvements approved by theCity Council under Section 15223032of the Code of Virginia including major repairsand renovations of public facilities to the extent permitted by state law The cash proffershall be allocated as follows Schools159100 Transportation145400 Libraries

r 57000 Emergency Services 38500

This itemsmotion for approval failed by a vote of45 at the February 16 2016 CityCouncil meeting with Council Members Craig de Triquet Kelly Krasnoff and Ritter

voting in opposition Reconsideration was requested by Council Members Davis deTriquet Ward and West

This items motion at the February 23 2016 City Council meeting was to continue

Reconsideration to the March 8 2016 City Council Meeting 80 Council Member Kellyexcused

7

March 8 2016

Acting City Clerk Pender presented the item

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

approve Reconsideration ofRC0522 Rev 1015 Butterfly Drive as requestedCouncil Member West stated that in government negations did occur and felt it

was an obligation to be flexible and consider the circumstances when changes occurCouncil Member Davis offered interest rates and housing comparisons from 2006

through 2016 and noted that negotiations were appropriate

Mayor Krasnoff stated that approval of the request could potentially cause every

proffer agreement in the City to come forward and for that reason he would be voting inopposition

City Attorney Proctor remarked that there was no legal distinction befinreen theapplication being considered and larger applications and further advised that approval ofthis request would set a precedent for future requests

There was no additional discussion

On the motion to approve Reconsideration and approval ofRC0522Rev 1015

Butterfly Drive proffer modifications voting yes Council Members Davis Ike Ward andWest

Voting no Council Members Craig de Triquet Krasnoff Kelly and RitterThe motion to approveRC0522 Rev 1015 Butterfly Drive proffer modifications

failed

B RECONSIDERATION OF CPLM1501 Culpepper Landing PUD Modification

APPLICANT Culpepper Landing LC PROPOSAL A request to revise and modify theE

Master Land Use Plan and the Land Use Criteria to change the composition of the

dwelling units to decrease the detached singlefamily homes from 664 to 659 andincrease the number of rowhouses from 431 to 436 while keeping the number of

affordable rowhouses at 75 to modify the cash proffers for Transportation from 4761

per singlefamily dwelling unit to5743 per single family dwelling unit and 1186 perrowhouse unit other than affordable units to decrease cash proffers for Schools from

12271 and 6566 per single family dwelling unit based on the Phase in which thedevelopment occurred to 848 per rowhouse unit other than affordable units to decreasecash proffers for FireEMS from 642 per singlefamily dwelling unit to 390 per rowhouseunit other than affordable units to decrease cash proffers for Libraries from 949 per

singlefamily dwelling unit to 576 per rowhouse unit other than affordable units toinclude a lot development phasing provision to increase the conservation area in thePlanned Unit Development from 150 to 165 acres to decrease the right of way reservation

along the southern boundary of the development and west of the extended southerlyalignment with Mill Creek Parkway from 250 to 140 feet and to allow the ArchitecturalReview Board to approve swimming pools within the first 35 of the 100 conservationbuffer where a hardship is proven PROPOSED COMP LAND USE DENSITY Low

Density Residential with something less than 4 dwelling units per acre EXISTING COMPLAND USE DENSITY Low Density Residential with something less than 4 dwelling

units per acre LOCATION Terminus of Mill Creek Parkway and Appaloosa Trail west ofGeorge Washington Highway South and north of the Great Dismal Swamp Wildlife

8

March 8 2016

Refuge TAX MAP SECTIONPARCELS 0440000000101 0440000000340 BOROUGHDeep Creek

The Planning Commission recommended approval to amend the DevelopmentCriteria dated December 15 2015 and Master Land Use Plan dated October 21 2015including modifications to the cash proffers

This itemsmotion for approval failed by a vote of45 at the February 16 2016 CityCouncil meeting with Council Members Craig de Triquet Kelly Krasnoff and Rittervoting in opposition Reconsideration was requested by Council Members de TriquetIke and Ward

At the February 23 2016 City Council meeting a motion to set a date of March 82016 for the purpose of suspending the rules to reconsider CPL M1501 CulpepperLanding PUD was approved by a 80 vote Council Member Kelly was excused from theFebruary 23 2016 City Council meeting

Vice Mayor de Triquet on a motion seconded by Council Member Ward movedto Suspend the Rules of Order and Procedures Section 14 thereof and to allow forReconsideration of CPLM1501 Culpepper Landing PUD

There was no discussion

On the motion to Suspend the Rules of Order and Procedures Section 14 thereofand to allow for Reconsideration of CPLM1501 Culpepper Landing PUD voting yesCouncil Members Craig Davis de Triquet Ike Kelly Ritter Ward and West

Voting no Mayor Krasnoff

Council Member Ike on a motion seconded by Council Member West moved toconsider CPL M1501 Culpepper Landing PUD at that time

There was no discussion

On the motion to consider CPL M1501 Culpepper Landing PUD at that timevoting yes Council Members Craig Davis de Triquet Ike Kelly Krasnoff Ritter Wardand West

Voting no None

Council Member Ike on a motion seconded by Council Member West movedapproval of CPLM1501 Culpepper Landing PUD as presented

Council Member West requested that Tim Culpepper return to the podium forquestions Dr West asked Mr Culpepper to comment on the revenues that would begenerated by taxes when the properties were developed

Mr Culpepper clarified that reduction in the proffers would better position theirproduct allow the acceleration of development and increase revenue for the City

Dr West and Mr Culpepper further discussed the student enrollment at DeepCreek High School stating that with the completion of Culpepper Landing enrollmentwould still be below 100

Dr Ward advised that most monies for the Citys schools were generated fromtaxes on residences not proffers

Council Member Davis outlined proposed City revenues that would be generatedby five and ten year completions of the project and offered his support of CPLM1501Culpepper Landing PUD Mr Davis stated he was considering the Citys greatest needs

9

March 8 2016

better roads and schools and the only way to accomplish this was through unrestrictedfunds He estimated revenue of 27 million for the City upon completion of the project

Council Member Ritter clarified that the 27 million gain in Real Estate TaxRevenue would be considered new revenues and would be divided between the City andschools leaving an estimated 135 million gain to use for other purposes Mrs Ritterstated that she understood the concept of increased real estate revenue gains being ableto support the impact of development on services that the City must provide to citizensShe further noted that her concern was the ultimate impact on residents

Council Member Davis reiterated that he had calculated the additional revenue at27 million for the greatest needs of the City and stated his support for CPL M1501Culpepper Landing PUD

Council Member Kelly spoke on the principal of the issue with the previouslycommitted proffers and stated she would not be in support of CPLM1501 CulpepperLanding PUD

Mayor Krasnoff advised that in terms of pace and accelerating growth the overallabsorption remained the same and it was just a matter of shuffling sales betweendevelopers

There was no additional discussion

On the motion to approve the amendments to the Land Use Plan dated October21 2015 and the Development Criteria submitted on March 8 2016 including therequested reduction of cash contributions as presented voting yes Council MembersDavis Ike Ward and West

Voting no Council Members Craig de Triquet Kelly Krasnoff and RitterThe motion for approval failed by a vote of45Council Member Ike stated that he had received a request for a proffer modification

for Portlock SquareRC0418 and asked thatRC0418 be placed on the March 152016 City Council Agenda for consideration

Council Member Davis asked for a Resolution regarding quarterly reports beplaced on the March 22 2016 City Council agendaREQUEST FOR CLOSED SESSIONS

City Attorney Proctor provided the following language for Closed Sessions toconduct interviews for the City Clerk and Real Estate Assessor on March 10 and March17 2016 at 100 pm

Vice Mayor de Triquet on a motion seconded by Council Member Kelly movedapproval to hold Closed Session discussions on March 10 and March 17 2016 at 100pm to conduct interviews for the City Clerk and Real Estate Assessor

There was no discussion

On the motion to approve Closed Session discussions on March 10 and March 172016 at 100 pm to conduct interviews for the City Clerk and Real Estate Assessor votingyes Council Members Craig Davis de Triquet Ike Kelly Krasnoff Ritter Ward andWest

Voting no None

10

March 8 2016

City Attorney Proctor provided the following language for a Closed Session toconduct a Closed Session to i discuss the disposal of publicly held real property where

discussion in an open meeting would adversely affect the bargaining position or

negotiating strategy of the public body ii discuss a prospective business or the

expansion of an existing business where no previous announcement has been made of

the business interest in locating or expanding facilities in the city and iii consult with

legal counsel pertaining to actual or probable litigation where such consultation in an open

meeting would adversely affect the negotiating or litigating posture of the public body and

consultation with legal counsel employed or retained by the City regarding specific legal

matters requiring the provision of legal advice by such council as permitted by Section

223711A35and 7 of the Code of Virginia

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

to approve the Closed Session discussions

There was no discussion

On the motion to approve the Closed Session discussions voting yes Council

Members Craig Davis de Triquet Ike Kelly Krasnoff Ritter Ward and West

Voting no None

City Council convened the Closed Session at 815 pm and reconvened the

meeting at 844 pm

CERTIFICATION OF THE CLOSED SESSION

City Attorney Proctor read the following The Chesapeake City Council hereby

certifies that to the best of each members 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 meeting

were heard discussed or considered by City Council

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

to certify the Closed Session discussions

There was no discussion

On the motion to certify the Closed Session discussions voting yes Council

Members Craig Davis de Triquet Ike Kelly Krasnoff Ritter Ward and West

Voting no None

BENEDICTION

Council Member Ward offered the eveningsbenediction

ADOURNMENT

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

meeting at 845 pm

sm

Mayor

ATTEST

Q a

City erk

11