Chesapeake City Council Meeting – January 16, 2024

The Chesapeake City Council held a regular meeting on January 16, 2024, at 6:30 p.m. in City Hall Council Chamber. The meeting included a moment of silence for Detective Jarrod Shivers, certification of a prior closed meeting, approval of the agenda with a continuance, consideration of five public hearing items, a detailed presentation on water billing issues, and authorization for a future closed meeting.

Public Comments & Testimony

• Vic Nicholls (self) spoke on Planning Public Hearing Item A (Joseph's Meadows), questioning the original zoning, profit expectations, tax burdens, and the need for affordable housing under $250,000. He expressed concern that units might be rented rather than sold, and urged that homes be sold, not rented.
• Brad Moore (representing South Norfolk Civic League) spoke in support of Planning Public Hearing Item E (text amendment for residential development in South Norfolk Business Overlay District), stating the league fully supported the change after thorough review, and that it would make the area more welcoming to developers.
• Taylor Grissom (representing Prempay Development LLC) and Sam Baraki (Civil Engineering and Construction Services) spoke in support of Item A, available for questions.
• Jeff Holland (representing Dish Wireless) spoke in support of Item C, available for questions.
• John Harbin (representing Chesapeake Land Bank Authority) spoke on Item E, available for questions only.

Discussion Items

• PLN-REZ-2023-019 Joseph's Meadows (5.5 acres, 28 single-family attached/detached condominium units at 5.3 dwelling units per acre, 392 & 408 Kempsville Road): Planning Director McNamara recommended approval with proffers. Council Member Ritter asked about revised building elevations and whether the City Attorney confirmed that socioeconomic proffers (e.g., price points or rental restrictions) are legally precluded. City Attorney Lindley said case law discourages such proffers and Chesapeake does not request them. Sam Baraki stated that the smallest unit would be in the upper $300,000 range, and the largest around $600,000, making rentals unlikely but not contractually prevented. The motion passed 9-0.
• PLN-PUDC-2022-003 Ashburn Meadows (131.8 acres, planned unit development at 208 Peaceful Road) was continued to the February 20, 2024 City Council meeting at the agent's request. Council Member Ritter voted against the agenda amendment that included this continuance.
• PLN-USE-CT-2023-001 Dish Wireless Yadkin Road (130-foot wireless tower on existing 110-foot transmission tower, 3015 Yadkin Road): Staff recommended approval with stipulations. Council Member Ike asked Jeff Holland to explain the project; it is for Dish Wireless cell service (not TV) to improve coverage along I-64. Motion passed 9-0.
• PLN-TXT-2023-010 (amendments to add definition for "abutting" and clarify building heights for buildings/silos abutting residential property in non-residential districts): Approved 9-0 without discussion.
• PLN-TXT-2023-011 (amendments to permit residential development in South Norfolk Business Overlay District): Approved 9-0 after discussion. Council Member Ritter asked about the definition of "party wall," zero-lot-line setbacks, and parking availability. Planning Director McNamara explained that party walls are common walls between separately owned units; zero rear setbacks would be rare and only allowed with a conditional use permit and site plan approval by council. Staff will provide an update on the South Norfolk parking lot project and municipal building parking garage.
• Water Billing Issue Presentation: City Manager Price introduced Director of Public Utilities David Jurgens, who explained that longer billing periods (up to 80 days for some accounts) were due to new billing software implementation, staff departures, holidays, and weather. Approximately 30,000 accounts had bills in the 70-79 day range; 2,900 in one cycle hit 80 days. No non-residential accounts were affected. Jurgens outlined steps being taken: voluntary and mandatory overtime, hiring, and using other skilled staff. He described a two-pronged remedy: (1) automatic credits for customers whose consumption was pushed into a higher tier due to the longer period, and (2) future bills will be shorter (55-57 days) to offset the longer bill. All penalties and interest have been suspended, and payment plans are available without penalty. The city will credit affected accounts once the backlogs are cleared. Council Member Newins questioned whether the credits would be applied automatically; Jurgens said yes, but not until the billing period normalizes. Council Member Ward clarified that there was a 2.9% rate increase effective January 1, 2024 (not October 1, 2023), which may have contributed to customer confusion. Council Member Ritter emphasized clear communication: lead with the solution, then explain the problem. The city will use social media, bill inserts, and phone/email to communicate.
• Closed Meeting Authorization: A motion was passed (9-0) to hold a closed meeting on January 23, 2024 at 4:30 p.m. to discuss cybersecurity threats. A second motion (8-1) added discussion of appointments to the Chesapeake Bay Preservation Board, Chesapeake Hospital Authority, and South Norfolk Revitalization Commission.

Key Outcomes

• Joseph's Meadows (PLN-REZ-2023-019): Approved with proffers (9-0).
• Ashburn Meadows (PLN-PUDC-2022-003): Continued to February 20, 2024 City Council meeting (agenda amendment passed 8-1, with Ritter dissenting).
• Dish Wireless (PLN-USE-CT-2023-001): Approved with stipulations and alternative parking surface request (9-0).
• Text Amendment – Building Heights (PLN-TXT-2023-010): Approved (9-0).
• Text Amendment – South Norfolk Residential (PLN-TXT-2023-011): Approved (9-0).
• Water Billing Remediation: City will automatically credit customers affected by tier shifts; penalties suspended; payment plans available; no action required by customers. Staff to use multiple communication channels.
• Future Closed Meeting: Authorized January 23, 2024 at 4:30 p.m. for cybersecurity and board appointments (first motion 9-0, second 8-1).