City Council

CITY OF COLONIAL HEIGHTS, VIRGINIA Regular Meeting of City Council Tuesday, November 10, 2022 1. Call to Order The Regular Meeting of City Council was called to order by Mayor Kochuba at 7:00 P.M. 2. Roll Call The following members of Council and Council’s staff were present for roll call by the Clerk: Present: Councilman Kenneth B. Frenier Councilman John E. Piotrowski Councilwoman Dr. Laura F. Poe Councilman Robert W. Wade Councilman John T. Wood Vice Mayor Elizabeth G. Luck Mayor T. Gregory Kochuba Absent: None Also Present: Mr. Douglas E. Smith, City Manager Mr. Hugh P. Fisher, III, City Attorney Mrs. Pamela B. Wallace, Clerk 3. Devotion A devotional prayer was led by the Honorable Kenneth B. Frenier. 4. Pledge of Allegiance The Pledge of Allegiance was led by Mayor Kochuba. 5. Adoption of Agenda A motion was made by Dr. Poe, seconded by Mr. Piotrowski, to approve the agenda as presented. Vote: 7-0 Yes: Frenier Piotrowski Poe Wade Regular Meeting Minutes November 10, 2022 Page 2 Wood Luck Kochuba No: None Absent: None Abstained: None Motion: UNANIMOUS PASS 6. Declarations of Personal Interest Declaration was read by Dr. Poe then filed with the Clerk. 7. Commendations and Presentations There were none. 8. Reading of Manner of Addressing Council. Mr. Fisher read the Manner of Addressing Council. 9. Written Petitions and Communications A. Presentation by Linda Hawkins of Recover Hope Recover Hope is a non-profit offering awareness, restoration, and transition to victims and families affected by human trafficking B. Invitation for Bids To receive and open bids for a greenspace easement for beautification of 9,880 square feet of Cedar Lane between A Avenue and a Kentucky Fried Chicken restaurant. Mr. Fisher provided background information relative to the proposed greenspace easement project and the reason for the Invitation for Bids. Mayor Kochuba then opened the floor for presentation of bids. There being no bids offered other than RIO Prime, LLC, Mayor Kochuba closed the bidding process. Mr. Fisher stated that it was the recommendation of staff to grant the easement to RIO Prime, LLC. 10. Advertised Public Hearing A. AN ORDINANCE NO 22-19 Regular Meeting Minutes November 10, 2022 Page 3 (First Reading) Approving a Deed of Easement with RIO Prime, LLC, whereby the City grants RIO Prime, LLC a ten- year greenspace easement over approximately 9,880 square feet of Cedar Lane. A motion was made by Dr. Poe, seconded by Mr. Wade, to approve Ordinance No. 22-19. Mr. Fisher provided background information relative to the request. He specifically noted that RIO Prime, LLC had entered into a contract to purchase the three parcels of property adjacent to Cedar Lane. Mr. Fisher advised that RIO Prime intended to build a car wash on the site; and as part of its development, had requested to remove the pavement of Cedar Lane and develop a greenspace. After Mr. Fisher’s comments, Mayor Kochuba opened the floor for comments from the public. Public Comments: There were none. Council Comments: Addressing Mr. Piotrowski’s concerns relative to the effect this development would have on the Kentucky Fried Chicken (KFC) and if notification was given of such development, Mr. Fisher advised that KFC management was sent notification via USPS of the Planning Commission Public Hearing but there was no response. Mr. Wade provided comments as the Council representative of the Planning Commission, specifically noting the positive comments to approve the Planning Commissions resolution. Mayor Kochuba provided comments supporting the improvement of the area and recalled the City’s efforts to improve the Boulevard corridor. Addressing Mr. Wood’s comments, Mr. Fisher advised there would be no compensation to the City for conveying the greenspace easement. Continuing, Mr. Wood thanked RIO Prime representatives for their efforts to bring improvements to the Boulevard and the City; however, he expressed his support for continuing to use Cedar Lane as a service road. Mr. Wood stated he could not support this project because it would eliminate a portion of a service road. Regular Meeting Minutes November 10, 2022 Page 4 Dr. Poe advised it was her opinion that the project was aesthetically pleasing and would potentially bring additional business to the City. Mrs. Luck advised she could see both sides; however, she was of the same opinion as Mr. Piotrowski, and would like for staff to reach out to KFC again. There being no more comments from Council, Mr. Chip Dicks, attorney representing RIO Prime, provided additional information relative to improvements the client was agreeing to provide to the property. Mr. Dicks then addressed concerns from Council. There being no further discussion, Mayor Kochuba called for the vote. Vote: 5-2 Yes: Frenier Poe Wade Luck Kochuba No: Piotrowski Wood Absent: None Abstained: None Motion: PASS B. AN ORDINANCE NO 22-18 (First Reading) To grant a special exemption permit to Stallings Oil Company and Boddie-Noell Enterprises, Inc., to allow the construction of a new mini-warehouse/self-storage facility located on Temple Avenue, on parcel identification number 68035600003, which is zoned GB – General Business District. A motion was made by Mr. Wade, seconded by Dr. Poe, to approve Ordinance No. 22-18. Mr. Carter, Planning Director, provided a presentation relative to the project and conveyed information from the Planning Commission’s previous discussion regarding the approval of the proposed project. Mr. Carter specifically noted the applicant had agreed there would be no out-door storage at the location. Ben Burkhart, of Storage Study, spoke on behalf of Stallings Oil, and provided additional details and further clarification of the proposed project. Regular Meeting Minutes November 10, 2022 Page 5 Mr. Burkhart advised the facility would be temperature controlled with keypad entry, with hours of operation from 6 AM to 9 PM – there will be two attendants. Public Comments: None Council Comments: Addressing Mr. Wood’s question, Mr. Carter clarified the difference between mini-storage and self-storage. Mr. Wade provided information and comments relative the findings and discussion by the Planning Commission and its unanimous approval of the project. There being no further discussion, Mayor Kochuba called for the vote. Vote: 7-0 Yes: Frenier Piotrowski Poe Wade Wood Luck Kochuba No: None Absent: None Abstained: None Motion: UNANIMOUS PASS 11. Hearing of Citizens Generally on Non-Agenda Items None 12. Consideration of Uncontested Minutes, Ordinances, Resolutions, and Motions in Accordance with the Consent Agenda A. September 13, 2022 Regular Meeting Minutes B. September 20, 2022 Special Meeting Minutes C. October 11, 2022 Special Meeting Minutes Regular Meeting Minutes November 10, 2022 Page 6 D. October 11, 2022 Regular Meeting Minutes E. October 18, 2022 Special Meeting Minutes A motion was made by Mr. Wade, seconded by Mr. Frenier, to approve the Consent Agenda as presented. Vote: 7-0 Yes: Frenier Piotrowski Poe Wade Wood Luck Kochuba No: None Absent: None Abstained: None Motion: UNANIMOUS PASS 13. Introduction and Consideration of Ordinances and Resolutions A. AN ORDINANCE NO 22-20 (First Reading) To adopt a revised General Pay Plan Class and Salary Range that increases to $12.00 per hour, the starting salary for various part-time positions affected by the minimum wage increase effective January 1, 2023, mandated by the Virginia legislature; increases the maximum pay rate for various part-time positions; removes job titles no longer part of the plan; and adopts two separate job descriptions under the Financial Specialist II designation for Payroll and Accounts Payable. A motion was made by Mrs. Luck, seconded by Mr. Piotrowski, to approve Ordinance No. 22-20. Mr. Smith provided comments relative to the changes stated in the proposed ordinance and specifically noted there would be no additional employees, only changes to the proposed job titles. There being no additional discussion, Mayor Kochuba called for the vote. Vote: 7-0 Yes: Frenier Regular Meeting Minutes November 10, 2022 Page 7 Piotrowski Poe Wade Wood Luck Kochuba No: None Absent: None Abstained: None Motion: UNANIMOUS PASS Mr. Fisher advised that due to short notice, the Public Hearing for Ordinance No. 22-20 will be held at the December 13, 2022 Regular Meeting. B. AN ORDINANCE NO. 22-FIN-12 (First Reading) To amend the General Fund Budget for the fiscal year beginning July 1, 2022 and ending June 30, 2023, by appropriating $80,096 consisting of 1) $58,165 in settlement funds from the National Opioid Settlement; 2) $15,348 in asset forfeiture funds to purchase tasers; 3) $1,850 for shoe donations; and 4) $4,733 from Department of Criminal Justice Services Local Law Enforcement grant to purchase tourniquets. A motion was made by Mr. Frenier, seconded by Dr. Poe, to approve Ordinance No. 22-FIN-12. Mr. Smith provided additional comments relative to the items listed in the ordinance; however, there was no additional discussion by Council. Vote: 7-0 Yes: Frenier Piotrowski Poe Wade Wood Luck Kochuba No: None Absent: None Abstained: None Motion: UNANIMOUS PASS C. A RESOLUTION NO 22-48 Regular Meeting Minutes November 10, 2022 Page 8 Authorizing the City Manager to enter into a Flood Mitigation Assistance Grant with the Virginia Department of Emergency Management; and approving the City Manager’s execution of all necessary documents relating to the acquisition of 610 Lakeview Avenue. Mr. Smith provided background information relative to the request and further advised that the Flood Mitigation Assistance Grant would reimburse City funds expended to acquire the subject property, demolish the structure, and mitigate the likelihood of flood damage along this portion of Swift Creek. Addressing Mr. Wood’s question relative to those responsible for pursuing the acquisition of the Grant, Mr. Smith advised that the grant was initiated by Chief Hoover’s staff. Vote: 7-0 Yes: Frenier Piotrowski Poe Wade Wood Luck Kochuba No: None Absent: None Abstained: None Motion: UNANIMOUS PASS D. A RESOLUTION NO 22-49 Authorizing the City Manager to execute a Real Estate Purchase Agreement concerning 211 James Avenue and any documents necessary to purchase the property. A motion was made by Mr. Piotrowski, seconded by Dr. Poe, to approve Resolution No. 22-49. Mr. Smith provided background information relative to the City’s interest in the property further advising there had been an agreed upon purchase price of $190K with the funding source being from Contingencies. The use of the property will be determined at a later time. There being no further discussion, Mayor Kochuba called for the vote. Regular Meeting Minutes November 10, 2022 Page 9 Vote: 7-0 Yes: Frenier Piotrowski Poe Wade Wood Luck Kochuba No: None Absent: None Abstained: None Motion: UNANIMOUS PASS E. A RSOLUTION NO 22-50 Extending the due date for the payment of real estate taxes. A motion was made by Mr. Wade, seconded by Dr. Poe, to adopt Resolution No. 22-50. Mr. Smith advised that the request was due to a delay in printing which subsequently would delay mailing. Mr. Smith advised that bills were mailed on November 2nd with a due date of November 15; however, staff was requesting the date be extended to December 5. Mrs. Rhodes advised that currently, 80% of residential property bills had been received. Addressing Mr. Piotrowski’s question as to why the bills were outsourced, Mrs. Rhodes advised it was due to manpower and the condition of in-house printing equipment. After continued brief discussion by Council relative to the time frame allowed between mailing and due dates, Mayor Kochuba called for the vote. Vote: 7-0 Yes: Frenier Piotrowski Poe Wade Wood Luck Kochuba No: None Absent: None Abstained: None Regular Meeting Minutes November 10, 2022 Page 10 Motion: UNANIMOUS PASS 14. Unfinished Business, Contested Ordinances and Resolutions, And Items Removed from the Consent Agenda. There was none. 15. Reports of Officers and Documents Related Thereto. A. City Manager 1. General Activity Report Mr. Smith provided the dates of interest and discussed Council’s intent relative to the upcoming December Council meetings. After brief discussion, it was the consensus of Council to hold only the regular meeting. Mr. Fisher noted that the Organizational Meeting date on the City Manager’s attached calendar will be held on January 3, as January 2 is a City Holiday. 2. Letter of Support the Fall Line Trail Mr. Smith provided information relative to the letter of support; specifically noting the requested changes specific to alignment of the trail behind Biltmore Drive and revised alignment behind Gould Avenue which would provide buffering and maximize distance between residence housing and the trail. Additionally, Mr. Smith provided feedback from the community tours held between trail representatives, staff, and community members, which initiated the subsequent changes offered in the letter of support. Mr. Smith reported that the proposed project schedule, as presented to him, would begin in mid-2023 with construction to begin in mid-2024. At the conclusion of Mr. Smith’s comments, he requested Council’s support of the letter with the recommended revisions. Brantley Tyndall, Director of Outreach for Sports Backers’, representing the project, addressed Mr. Wade’s safety concerns relative to the absence of lighting along the trail stating that VDOT was trying to make the trail specific to the locality and provided pros and cons to the addition of lighting. Mr. Wood recalled the initial publicly advertised meeting of the trail and the opposition conveyed by the public to the concept of the project and provided further comments supporting his opposition to the project. Regular Meeting Minutes November 10, 2022 Page 11 Dr. Poe suggested staff host a public forum in an effort for additional members of the public to provide comments relative to the trail project. Although hearing concerns from Council and the opinions offered during the community tour, Mr. Smith recommended that Council continue to move forward with the letter of support and his recommendations. After lengthy discussion and comments from Council to hold a public forum to allow public comments to be heard before forwarding the letter of support, it was the unanimous decision of Council to hold a public comment period at the December 13 regular meeting. Vote: 7-0 Yes: Frenier Piotrowski Poe Wade Wood Luck Kochuba No: None Absent: None Abstained: None B. City Attorney Mr. Fisher made the following remarks:  At the request of Council, he will no longer be providing a monthly report.  Over the past month, there has been an increase in requests to pay for the disposition of unclaimed bodies.  For the month of October, Mrs. Tomlin, Senior Paralegal, received 29 FOIA requests.  Any requests for changes to Council’s Rules of Procedure should be submitted to his office.  Relative to the White Bank Landing issue, the Home Owners’ Association has a new president and an attorney is now representing such Home Owners’ Association. C. Director of Planning and Community Development Mr. Carter provided information relative to the October Board of Zoning Appeals advising that the Board held their Organizational Meeting at which Regular Meeting Minutes November 10, 2022 Page 12 time, Mr. Ray Taft was appointed as Chair, Mr. Milton Freeland, Vice Chair, and himself as Secretary. Additionally, the board held a Public Hearing to approve a request for a 25-foot variance at 145 Charlotte Avenue. Continuing, Mr. Carter reported that the Planning Commission met in November to review a preliminary site plan approval of a 0.875 acre portion of 1869 Southpark Boulevard; and a preliminary plan approval of 1702, 1708, and 1712 Boulevard. Both items were unanimously approved. 16. Adjournment There being no further business, a motion was made by Mr. Wade, seconded by Mrs. Luck, and carried unanimously on voice vote to adjourn the meeting. The meeting was adjourned at 8:23 P.M. APPROVED: ______________________________ T. Gregory Kochuba, Mayor ATTEST: _____________________________________ Pamela B. Wallace, City Clerk