VA - Chesapeake: CITY COUNCIL MEETING

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CITY COUNCIL MEETING

1
C I T Y O F C H E S A P E A K E

CITY COUNCIL MEETING AGENDA City Hall Council Chamber

306 Cedar Road

No additional detail provided

Tagged Passions:streets

** ALL PRESENTATION MATERIALS MUST BE REVIEWED BY THE CITY CLERK PRIOR TO 6:30 P.M.**

Tagged Passions:materials

NOTE: COPIES OF BACKUP MATERIALS FOR ALL AGENDA ITEMS,

INCLUDING THE APPLICATION AND SUPPORTING MATERIALS FOR THE PLANNING PUBLIC HEARING ITEMS MAY BE VIEWED IN THE CITY CLERK S OFFICE OR THE PLANNING DEPARTMENT AT ANY TIME DURING NORMAL BUSINESS HOURS OF 8:00 A.M. TO 5:00 P.M., MONDAY THROUGH FRIDAY. The City Council Work Sessions and Meetings can be viewed live on WCTV- Chesapeake Television (Cox Cable channel 48 and Verizon Cable channel 43) and at CityOfChesapeake.net. Council meetings, but not Work Sessions, may be heard on WFOS- 88.7FM. Meetings are retelecast on WCTV-Chesapeake Television (Cox Cable Channel 48 and Verizon Cable channel 43) as well as CityOfChesapeake.net at the following times: Tuesday - Work Session at 11:30 p.m. and Meeting at 12:30 a.m.; Wednesday - Work Session at 1:00 p.m. and Meeting at 2:00 p.m. and Saturday - Work Session at 8:00 p.m. and Meeting at 9:00 p.m. PLEASE NOTE: Speaker Cards will not be accepted for the Council Meeting once the meeting begins. Citizens who wish to speak may register on the date of the meeting in the City Council Chamber before 6:30 p.m. Citizens may also pre-register by calling the City Clerk s Office at 382-6151, Monday through Friday, (8:00 a.m. - 5:00 p.m.) prior to, and including the date of the Council meeting. ALL INTERESTED PARTIES ARE INVITED TO ATTEND AND BE HEARD AT THE PUBLIC HEARING. Council meetings are telecast live on WCTV-Chesapeake Television (Cox Cable channel 48 and Verizon Cable channel 43) as well as CityofChesapeake.net, and heard on WFOS-88.7FM. The City of Chesapeake will attempt to make reasonable accommodations and services necessary for sensory impaired and disabled citizens. Citizens who wish to receive such accommodations must contact Mr. Tim Winslow (382-6273), within three working days prior to the meeting. NO FOOD OR DRINKS PERMITTED IN THE CITY COUNCIL CHAMBER PLEASE TURN OFF CELL PHONES WHILE IN THE CHAMBER REMINDER: 4:30 P.M. Work Session 4th Floor Human Resources Training Room
Tagged Passions:hearing, human resources, services, Telecommunications, disability, training, telecommunications, planning, and materials

Topics: 1. Upcoming Agenda Items

2.
Update Property Appraisals

No additional detail provided

Tagged Passions:property

3.
Limit Machinery/Tool Tax-Data Centers

No additional detail provided

Tagged Passions:taxes and Taxes

4.
BPOL Tax Reduce Threshold

No additional detail provided

Tagged Passions:taxes and Taxes

5.
Merging Advisory Boards/Commissions Parks, Recreation and Tourism

5:45 P.M. Council Member Reports

Tagged Passions:boards and commissions, council, recreation, parks, and tourism

City Council Meeting February 13, 2018

No additional detail provided

2
C I T Y O F C H E S A P E A K E CITY COUNCIL MEETING

Agenda February 13, 2018

6:30 P.M. City Hall Council Chamber

Tagged Passions:council

306 Cedar Road

No additional detail provided

Tagged Passions:streets

1.
INVOCATION

No additional detail provided

2.
PLEDGE OF ALLEGIANCE TO THE FLAG

No additional detail provided

3.
ROLL CALL BY CITY CLERK

No additional detail provided

4.
APPROVAL OF MINUTES

No additional detail provided

5.
PRESENTATION

No additional detail provided

A.
PROCLAMATION MAYOR S YOUTH DAY

No additional detail provided

Tagged Passions:recognition and youth

6.
PUBLIC HEARING

APPLICANTS , AGENTS AND CITIZENS COMMENTS ON THE PUBLIC HEARING ITEMS
Tagged Passions:hearing

COUNCIL S CONSIDERATION OF THE PUBLIC HEARING ITEMS

PLANNING PUBLIC HEARING ITEM
Tagged Passions:hearing, council, and planning

A.
PLN-USE-2017-003 Hickory Solar Farm APPLICANT: New Energy Ventures, Inc. AGENCY: North Ridge Resources, LLC PROPOSAL: A conditional use permit to allow a solar energy facility on a 154.40 acre parcel. ZONE: A-1, Agricultural District LOCATION: On Ballentine Road, approximately 5000 feet east from the intersection of Ballentine Road and Battlefield Blvd. TAX MAP SECTION/PARCEL: 0970000000660 BOROUGH: Butts Road (Continued from the June 20, September 19, December 19, 2017 and January 23, 2018 City Council meetings)

No additional detail provided

Tagged Passions:taxes, property, streets, Taxes, council, solar power, agriculture, energy, and facility

Planning Commission recommends approval with the following stipulations:

Tagged Passions:boards and commissions and planning

1.
The applicant/owner shall construct a City Standard Commercial Entrance, CG-11A to access the site prior to issuance of a Certificate of Occupancy. The entrance shall be constructed at the intersection of Battlefield Boulevard South and Ballentine Road and shall be depicted on the final site construction plan which is subject to review and approval of the Director of Development and Permits, or designee. In addition, a closure and restoration plan shall be a required component of the final site construction plan.

Tagged Passions:commercial, streets, development, construction, and Development

2.
The applicant/owner shall submit a Landscape Plan pursuant to the Chesapeake Zoning Ordinance prior to final construction plan approval. Said plan shall be subject to the review and approval of the City s Landscape Coordinator. Said plan shall consist of the following: a modified Buffer Yard E along the entirety of the property line, consisting of small and medium canopy trees that are at least 6 feet in height, shrubs that are in a minimum

Tagged Passions:buildings and grounds, property, ordinance, trees, construction, and zoning

City Council Meeting February 13, 2018

No additional detail provided

3
industry standard 3 gallon container at planting, and a solid evergreen buffer along the entirety of the property line adjacent to the residential properties to screen the use. The solid evergreen buffer shall include trees that are at least 8 feet in height at time of planting, and shrubs that are in a minimum industry standard 3 gallon container at time of planting. All plant materials shall be subject to the review and approval of the City s Landscape Coordinator and shall be installed prior to the issuance of a Certificate of Occupancy for the use. The applicant/owner shall also install and maintain a 6 foot security fence around the entire perimeter of the solar farm prior to the issuance of a Certificate of Occupancy for the use.

Tagged Passions:buildings and grounds, property, trees, plant, agriculture, security, and materials

3.
The applicant/owner shall obtain a valid Run-Off Control Permit from the Department of Public Utilities prior to the approval of construction plans.

Tagged Passions:Utility, construction, and utility

4.
The applicant/owner shall obtain all required permits and approvals from the Department of Development and Permits prior to the installation of the security fence and storage shed.

Tagged Passions:development, security, and Development

5.
The applicant/owner agrees that all power lines transferring the power generated from the property to the existing Dominion Virginia Power distribution system on Battlefield Boulevard South, which are both on-site and off-site, shall be placed underground unless the applicant/owner provides written correspondence from Dominion Virginia Power which requires the lines to be placed above ground to the Zoning Administrator.

Tagged Passions:property, administrator, and zoning

6.
The applicant/owner agrees that the proposed use shall utilize SMA 2200- EV-US, SMA 2500-EV-US or an alternative solar panel inverter approved by the Navy and in compliance with the Navy s Electromagnetic Interference (EMS) assessment.

7. The approval of this Conditional Use Permit is limited to the applicant only.
Tagged Passions:compliance, EMS, military, and solar power

8.
The applicant/owner shall provide written notice to the Director of Development and Permits or designee at least 30 days in advance of the cessation or abandonment of this use. Within 180 days of the cessation or abandonment of this use, the applicant/owner shall remove all photovoltaic systems (including but not limited to inverters, modules/solar panels, solar trackers) and all other structural elements related to the photovoltaic system use. The applicant/owner shall also restore the property to its pre-use grade, as approved by the Director of Development and Permits or designee, within the referenced 180 days.

Tagged Passions:property, development, solar power, photovoltaic, and Development

9.
Prior to receiving a certificate of occupancy, an Emergency Management Plan (EMP) will be provided to, and subject to the approval of, the Director of Development and Permits for the solar energy facility. The goal of this EMP is to provide safety guidelines and procedures for potential emergency- related incidents during all phases of the life of the facility (construction, operation, and decommissioning). The EMP shall cover at minimum emergency communications and training, theft and vandalism, inclement weather, high voltage equipment, and fire safety and prevention.

10.
The applicant/owner shall maintain insurance for the duration of the use. The applicant/owner shall provide to the City Attorney a certificate of insurance providing General Liability Insurance which shall include at least the following information: (i) the name of the insurance company, policy number and

Tagged Passions:legal, policy, and insurance

City Council Meeting February 13, 2018

No additional detail provided

4
expiration date; and (ii) the coverage and limits on coverage and including the amount of deductibles or self-insured retentions with a minimum limit of One Million Dollars ( 1,000,000) per occurrence and Two Million Dollars ( 2,000,000) aggregate, combined single limit, for bodily injury (including death) or property damage and Environmental Impairment insurance with minimum limits of 1,000,000 per occurrence. The certificate of insurance shall be provided to the City Attorney prior to the issuance of a certificate of occupancy.

No additional detail provided

Tagged Passions:property, legal, environment, and insurance

11.
The applicant/owner agrees that the solar array shall be designed to withstand 120 mph wind speeds, as depicted on the approved final site plan.

12.
The applicant/owner agrees that the proposed solar energy facility shall only use mono-crystalline or poly-crystalline photovoltaic (PV) technology. This stipulation shall be included as a condition on the final site plan.

The applicant has submitted the following stipulations dated January 22, 2018: Additional Stipulations 13. In light of tax exemptions afforded to solar facilities in Virginia and in an effort to promote and preserve agricultural lands, the applicant/owner agrees to make an annual contribution of fifty thousand dollars ( 50,000.00) to the City of Chesapeake s Open Space and Agricultural Preservation Program or similar program as approved by the Director of Planning or designee. The first contribution shall be paid prior to the issuance of a certificate of occupancy for this use and each annual contribution shall be paid every twelve (12) months thereafter.
Tagged Passions:taxes, Taxes, Technology, solar power, photovoltaic, agriculture, energy, technology, planning, program, facility, and preservation

14.
The applicant/owner agrees to manage the vegetation on site without the use of herbicides, unless the treatment is approved by the City s Landscape Coordinator.

Modified Stipulation
Tagged Passions:buildings and grounds and herbicide

2.
The applicant/owner shall submit a Landscape Plan pursuant to the Chesapeake Zoning Ordinance prior to final construction plan approval. Said plan shall be subject to the review and approval of the City s Landscape Coordinator. Said plan shall consist of the following: a modified Buffer Yard E along the entirety of the property line, consisting of small and medium canopy trees that are at least 6 feet in height, shrubs that are in a minimum industry standard 3 gallon container at planting, and a solid evergreen buffer along the entirety of the property line adjacent to the residential properties to screen the use. The solid evergreen buffer shall include trees that are at least 8 feet in height at time of planting, and shrubs that are in a minimum industry standard 3 gallon container at time of planting. All plant materials shall be subject to the review and approval of the City s Landscape Coordinator and shall be installed prior to the issuance of a Certificate of Occupancy for the use. The applicant/owner shall also install and maintain a 6 foot security fence around the entire perimeter of the solar farm prior to the issuance of a Certificate of Occupancy for the use. Said fence shall be between six (6) to ten (10) feet in height. The fence shall not exceed six (6) feet in height unless the applicant/owner receives the approval of a variance

Tagged Passions:buildings and grounds, property, ordinance, trees, plant, agriculture, construction, security, materials, and zoning

City Council Meeting February 13, 2018

No additional detail provided

5
from the Board of Zoning Appeals. In no case shall the solar panels exceed the height of the security fence.

NON-PLANNING PUBLIC HEARING ITEM
Tagged Passions:hearing, solar power, security, planning, and zoning

B.
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH REED JACKSON AND CARNA JACKSON FOR APPROXIMATELY 27.37 ACRES OF LAND OWNED BY THE CITY OF CHESAPEAKE LOCATED AT 1653 MOUNT PLEASANT ROAD, CHESAPEAKE, VIRGINIA, TAX MAP PARCEL 0500000000040

No additional detail provided

Tagged Passions:leasing, taxes, property, streets, administrator, Taxes, and manager

7.
DOCKET

No additional detail provided

A.
CITIZENS COMMENTS ON AGENDA ITEMS ONLY

No additional detail provided

B.
CONSENT AGENDA

City Clerk Items

(1) REFUNDS

A. Alexander L. and Hope T. Lambert 12,053.98

B.
Tamika Quinn 8,806.36

No additional detail provided

C.
David Eric Nelson 8,366.40

(2) RESIGNATION

A.
Carolyn Riley Chesapeake Fine Arts Commission and Public Art Committee

(3) ACKNOWLEDGEMENT

Tagged Passions:arts and boards and commissions

ACKNOWLEDGEMENT FOR REZONING APPLICATIONS: Public necessity, convenience, general welfare and good zoning practice requires the following zoning reclassification request to be acknowledged.

No additional detail provided

Tagged Passions:zoning

A.
PLN-REZ-2017-036 New Mill Creek Conservation APPLICANT: Thomas Tye PROPOSAL: A conventional zoning reclassification of approximately 28.63 acres from M-1, Light Industrial District to C-1, Conservation District to create a tidal wetlands mitigation bank. PROPOSED COMP LAND USE / DENSITY: Conservation EXISTING COMP LAND USE / DENSITY: Suburban Mixed Use with less than 10 dwelling units per acre LOCATION: 174 Sampson Creek Road. TAX MAP SECTION/PARCEL: 0460000001301 BOROUGH: Deep Creek

No additional detail provided

Tagged Passions:taxes, property, Taxes, industrial, Conservation, and zoning

City Manager Items

Tagged Passions:administrator and manager

(1) REQUEST FOR THE ACCEPTANCE OF, AND TRANSFER FROM THE GRANTS CONTINGENCY FUND, 130,000 IN CABLE TELEVISION FRANCHISE FEES-DEPARTMENT OF PUBLIC COMMUNICATIONS

No additional detail provided

Tagged Passions:Communications, Tony Taylor Custom, communications, and grant

(2) REQUEST FOR THE ACCEPTANCE OF 4,800 OF VIRGINIA DEPARTMENT OF FORESTRY GRANT FUNDS, AND THE TRANSFER OF ANY NECESSARY FUNDS FROM THE GRANT CONTINGENCY FUND TO THE DEPARTMENT OF HUMAN SERVICES/DIVISION OF COMMUNITY PROGRAMS-DEPARTMENT OF HUMAN SERVICES

No additional detail provided

Tagged Passions:Forestry, services, funding, grant, and program

(3) REQUEST FOR THE ACCEPTANCE OF, AND TRANSFER FROM THE GRANTS CONTINGENCY FUND, 69,766 IN VIRGINIA DEPARTMENT OF

No additional detail provided

Tagged Passions:grant

City Council Meeting February 13, 2018

No additional detail provided

6
EMERGENCY MANAGEMENT FY 2017 STATE HOMELAND SECURITY GRANT FUNDS TO THE POLICE DEPARTMENT-CHESAPEAKE POLICE DEPARTMENT

Tagged Passions:public safety, security, funding, grant, and emergency

(4) REQUEST FOR APPROPRIATION OF 16,667 FOR PAYMENT IN SUPPORT OF THE 757 ACCELERATE REGIONAL ECONOMIC DEVELOPMENT INITIATIVE DEPARTMENT OF ECONOMIC DEVELOPMENT

Tagged Passions:development, funding, Development, and economic development

C.
REGULAR AGENDA

City Manager Item (5) CONSIDERATION OF A PROPOSED DOCK LANDING FIRE STATION 11 REPLACEMENT TO BE LOCATED AT 1912 OLD JOLLIFF ROAD- DEPARTMENT OF PUBLIC WORKS/CHESAPEAKE FIRE DEPARTMENT
Tagged Passions:streets, administrator, manager, Public Works, boating, fire departments and districts, and public works

A.
RESOLUTION AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE A SALES AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY CONTAINING APPROXIMATELY 2.4 ACRES, MORE OR LESS, OWNED OR TO BE ACQUIRED BY COASTAL VIRGINIA DEVELOPERS, LLC, LOCATED AT 1912 OLD JOLLIFF ROAD, IDENTIFIED AS A PORTION OF TAX MAP PARCEL NUMBER 0150000001166-DEPARTMENT OF PUBLIC WORKS/CHESAPEAKE FIRE DEPARTMENT

B.
REQUEST TO REVISE THE CAPITAL IMPROVEMENT PLAN AND AMEND THE CAPITAL IMPROVEMENT BUDGET TO APPROPRIATE 330,000 FOR THE ACQUISITION OF PROPERTY NECESSARY FOR THE RELOCATION OF DOCK LANDING FIRE STATION 11- DEPARTMENT OF PUBLIC WORKS/FIRE DEPARTMENT

City Attorney Items

Tagged Passions:legal

(1) AN ORDINANCE AMENDING THE CHESAPEAKE CITY CODE, CHAPTER 14 THEREOF, ENTITLED BUILDING AND BUILDING REGULATIONS, SECTIONS 14-206, 14-276, 14-287, 14-291, AND 14-296 THEREOF; CHAPTER 58, ENTITLED SECONDHAND GOODS, SECTION 58-28 THEREOF; CHAPTER 66, ENTITLED STREETS AND SIDEWALKS, SECTIONS 66-4 AND 66-121.1 THEREOF, CHAPTER 74, ENTITLED TRAFFIC AND VEHICLES, SECTIONS 74-247 AND 74-410 THEREOF, TO AMEND PROVISIONS REFERENCING SIGNS TO COMPLY WITH CONSTITUTIONAL REQUIREMENTS AND TO AMEND OTHER SECTIONS TO UPDATE REFERENCES FOR PURPOSES OF CONSISTENCY (Continued from March 21, June 20, September 19, October 17, and November 14, 2017 City Council meetings)

(Note: Alternate Version dated January 11, 2018)

Tagged Passions:streets, ordinance, council, Pedestrian, regulation, traffic, and building codes

(2) AN ORDINANCE AMENDING CHAPTER 46 OF THE CHESAPEAKE CITY CODE, ENTITLED OFFENSES AND MISCELLANEOUS PROVISIONS, SECTION 46-25 THEREOF, TO PROVIDE FOR RECOVERY OF REASONABLE EXPENSES FROM PERSONS CONVICTED OF MISDEMEANOR VIOLATIONS OF VARIOUS PROVISIONS OF STATE LAW RELATING TO FALSE SUMMONING OF EMERGENCY SERVICES AND FALSE BOMB THREATS, AND TO INCREASE THE MAXIMUM

No additional detail provided

Tagged Passions:services, ordinance, and emergency

City Council Meeting February 13, 2018

No additional detail provided

7
RECOVERY OF EXPENSES FROM 1,000.00 TO 2,500.00, AS PERMITTED BY STATE LAW

No additional detail provided

(3) A. AN ORDINANCE AMENDING CHAPTER 2 OF THE CHESAPEAKE CITY CODE, ENTITLED ADMINISTRATION, ARTICLE V, ENTITLED BOARDS, COMMITTEES AND COMMISSIONS, REPEALING DIVISION 27, ENTITLED CHESAPEAKE TOURISM ADVISORY BOARD, SECTIONS 2-620.60 THROUGH 2-620.63

No additional detail provided

Tagged Passions:boards and commissions, ordinance, and tourism

B.
AN ORDINANCE AMENDING CHAPTER 2 OF THE CHESAPEAKE CITY CODE, ENTITLED ADMINISTRATION, ARTICLE V, ENTITLED BOARDS, COMMITTEES AND COMMISSIONS, DIVISION 5, ENTITLED PARKS AND RECREATION ADVISORY BOARD, SECTIONS 2-396, 2- 397, 2-398 and 2-399 THEREOF, TO CHANGE THE NAME OF THE ADVISORY BOARD TO THE PARKS, RECREATION AND TOURISM ADVISORY BOARD, TO INCREASE THE NUMBER OF VOTING MEMBERS TO 17, TO INCREASE THE NUMBER OF EX OFFICIO, NONVOTING MEMBERS TO 5, AND TO AMEND THE DUTIES OF THE BOARD TO INCLUDE CONSIDERATION OF MATTERS RELATING TO TOURISM

No additional detail provided

Tagged Passions:boards and commissions, ordinance, voting, recreation, parks, and tourism

8.
CITIZENS COMMENTS ON THE SERVICES, POLICIES AND AFFAIRS OF THE CITY (NON-AGENDA SPEAKERS)

No additional detail provided

Tagged Passions:services

9.
UNFINISHED BUSINESS

No additional detail provided

Tagged Passions:business

A.
RESOLUTION REQUESTING THE CHESAPEAKE PLANNING COMMISSION TO CONSIDER AND MAKE RECOMMENDATIONS CONCERNING PROPOSED AMENDMENTS TO ARTICLE 8 OF THE CHESAPEAKE ZONING ORDINANCE TO REGULATE ACCESS TO AN INDUSTRIAL DEVELOPMENT THROUGH AN EXISTING SINGLE-FAMILY DETACHED RESIDENTIAL SUBDIVISION (Continued from the November 14, 2017 City Council meeting)

No additional detail provided

Tagged Passions:boards and commissions, ordinance, development, subdivision, industrial, planning, Development, and zoning

10.
NEW BUSINESS

No additional detail provided

Tagged Passions:business

A.
AN ORDINANCE AMENDING CHAPTER 18 OF THE CHESAPEAKE CITY CODE, ENTITLED BUSINESS LICENSES, SECTION 18-60 THEREOF, TO AMEND THE BASELINE AMOUNT OF ANNUAL GROSS RECEIPTS AND/OR GROSS PURCHASES USED TO CALCULATE RATES OF LICENSE TAXES AND FEES

No additional detail provided

Tagged Passions:taxes, Taxes, license, purchasing, ordinance, rates, business license, and business

B.
AN ORDINANCE AMENDING AN ORDINANCE WHICH WAS ADOPTED ON MAY 9, 2017, AND AMENDED ON JUNE 27, 2017, IMPOSING AND LEVYING A TAX WITHIN THE CITY OF CHESAPEAKE, VIRGINIA, ON ALL TAXABLE PROPERTY FOR THE MAINTENANCE AND OPERATION OF THE CITY, FOR THE RETIREMENT OF BONDED DEBT, AND FOR THE PAYING OF INTEREST THEREON FOR THE PERIOD FROM JULY 1, 2017, TO JUNE 30, 2018

No additional detail provided

Tagged Passions:taxes, property, Taxes, ordinance, retirement, seniors, and bond

11.
CLOSED SESSION

No additional detail provided


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