City Council

Minutes from the Petersburg City Council meeting held on: September 17, 2013 -1– ______________________________________________________________________________ The regular meeting of the Petersburg City Council was held on Tuesday, September 17, 2013, at the Union Train Station. Mayor Moore called the regular scheduled meeting to order at 7:30p.m. 1. REGULARLY-SCHEDULED MEETING – 7:30 P.M. 2. ROLL CALL: Present: Council Member David R. Coleman Council Member W. Howard Myers Council Member Ken M. Pritchett Council Member Carl M. Ross Council Member Treska Wilson-Smith Vice Mayor Horace P. Webb Mayor Brian A. Moore Absent: Present from City Administration: City Manager William E. Johnson, III City Attorney Brian Telfair Clerk of Council Nykesha D. Jackson, CMC 3. PLEDGE OF ALLEGIANCE: a. Clerk of Council, Nykesha Jackson, led council and the audience in the pledge of allegiance. 4. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS: a. Presentation by Michael Yungmann, Chief Executive Officer of Southside Regional Medical Center. BACKGROUND: Michael Yungmann, Chief Executive Officer of Southside Regional Medical Center, will provide an update on the approval to perform open-heart surgery at Southside Regional. RECOMMENDATION: No action is recommended. For information only. (This item was removed from the agenda) b. Presentation by Dr. Thad Williamson, Co-Chairman of the Maggie L. Walker Initiative for Expanding Opportunity and Fighting Poverty. BACKGROUND: Dr. Thad Williamson, Co-Chairman of the Maggie L. Walker Initiative for Expanding Opportunity and Fighting Poverty, will present an overview of the Initiative. RECOMMENDATION: For information only. No action is recommended. Dr. Thad Williamson, Co-Chairman of the Maggie L. Walker Initiative for Expanding Opportunity and Fighting Poverty, gave a brief overview of a PowerPoint presentation. There was discussion among City Council Members.  Minutes from the Petersburg City Council meeting held on: September 17, 2013 -2– ______________________________________________________________________________ c. Presentation by Riguey Polanco King, Health Systems Director of the Central Virginia Region of the American Cancer Society. BACKGROUND: Riguey Polanco King, Health Systems Director of the Central Virginia Region of the American Cancer Society, will provide information about a cancer prevention study. RECOMMENDATION: For information only. No action is recommended. Riguey Polanco King, Health Systems Director of the Central Virginia Region of the American Cancer Society, gave a brief PowerPoint presentation about a cancer prevention study. There was discussion among City Council Members. 5. CONSENT AGENDA: No items for this portion of the agenda. 6. OFFICIAL PUBLIC HEARINGS: a. As required by the code of Virginia, as amended, a public hearing on a petition for a change in the zone designation of 308 Canal Street. BACKGROUND: Hannibal Hasan, agent for The Hanson Company, LLC has submitted an application to rezone the property in order to develop a mixed-use development with first floor commercial uses and upper floors residential use. The property situated at the corner of Canal Street, North South Street, and High Street is vacant, and used mostly as a parking area for students who attend Virginia State University or neighborhood residents. Mostly, area is overgrown with vegetation; however, there are a few areas of asphalt on the site where cars park. The property is located on the corner of a commercial intersection of a revitalization guide for future development along the Canal and Fleet Gateway Corridor. The revitalization guide of the Canal and Fleet Gateway Corridor was accepted by City Council recently as a document that will be employed in directing future improvements and development along this very key corridor to the City of Petersburg. RECOMMENDATION: Following a duly advertised public hearing, Council may affirm the Planning Commission recommendations, overturn the Planning Commission recommendation, table for further consideration, or return the item under consideration to the Planning Commission requesting further review. The recommendation of the Planning Commission was to approve the request with the proffered conditions dated June 3, 2013, and signed by Mr. Kelvin G. Hanson. Michelle Peters, Zoning Administrator, gave an overview of the request for change in zoning for property addressed as 308 Canal Street. Kelvin Hanson, Representative of Development Team, gave a brief overview of the plan. Mayor Moore opened the floor for public comment. Michael Edwards, 409 Grove Avenue, stated that he has one issue to speak on. He stated that across the street are apartments that are occupied by college students. He stated that this will cause more commotion with the Virginia State University students. He stated that at the stop light there is a lot of drug activity.  Minutes from the Petersburg City Council meeting held on: September 17, 2013 -3– ______________________________________________________________________________ Sarah Witiak, 22 Centre Hill, stated that she thinks that this is a good move for the City and for the students at Virginia State University. Karen Graham, 402 High Street, stated that she is not opposed with the idea. She stated that she has concerns regarding the height of the buildings. She stated that she is concerned with the massive scaling of the main building. She stated that she would like to see more commercial uses then housing uses. She stated that she hopes that the developers can work to have the building obtain the originality of the neighborhood. Vernel Gannaway, 652 Old Wagner Road, stated that it is a beautiful site. He stated that he use to work at the former site. He stated that he agrees with the site plan but thinks that this is the wrong time. He stated that he would like to see it scaled down a little bit. Linwood Christian, 410 Mistletoe Street, asked that after the hearing is approved when will the work begin and when will it be completed. He stated that crime will be crime and that this cannot be blamed on the Virginia State University students. He also stated that he likes the designs of the buildings. Mr. Hanson stated that the construction will begin March 2014 and be finished March 2015. Kim Rudousel, High Street, stated that the idea is great but the execution is not a great idea. She stated that she disagrees with the building. She stated that she objects to the building height. She stated that the appearance of the building layout does not fit the area of the neighborhood. She stated that she thinks that they should redesign the layout of the design. Mrs. Peters stated that the residents will be gone during the day and parking and off-street parking will not be a problem. Brandon Martin, 1546 Berkeley Avenue, stated that the building height is too high for the neighborhood. Seeing no further hands, Mayor Moore closed the public hearing. There was discussion among City Council Members. Council Member Coleman made a motion to affirm the Planning Commission recommendations to approve the request with the proffered conditions dated June 3, 2013, and signed by Mr. Kelvin G. Hanson. The motion was seconded by Council Member Myers. The motion was approved on roll call. On roll call vote, voting yes: Coleman, Myers, Pritchett, Ross, Wilson-Smith, Webb, Moore 13-ORD-104 AN ORDINANCE ACCEPTING THE PLANNING COMMISSIONS RECOMMENDATION TO APPROVE THE REQUEST REZONE 308 CANAL STREET, WITH THE PROFFERED CONDITIONS. 7. PUBLIC INFORMATION PERIOD: The Public Information Period is established by the Rules of Council to hear input from City residents or owners of businesses in the City. It will last for a maximum of 30 minutes. Speakers will be called in the order that they have signed up to speak. If there are ten or fewer speakers, each shall speak for a maximum of 3 minutes. If there are more than six (6) people desiring to speak, the time allotted to each person may be adjusted or the number of speakers limited to meet the time limitation. A speaker may speak on items except those that are listed on tonight’s Council agenda. Any matter brought before the attention of the City Council during the public information period will not be acted upon by the City Council at this meeting. Ragus Wilson, 1 Flower Circle, stated that he has a complaint on speed bumps in his neighborhood. He stated that coming off Youngs Road into the Magnolia Farms neighborhood no one stops at the stop sign that was placed on the corner.  Minutes from the Petersburg City Council meeting held on: September 17, 2013 -4– ______________________________________________________________________________ Andrei Pope, 520 Magnolia Farms Drive, stated that he also has a complaint on speed bumps in the neighborhood area. Linwood Christian, 410 Mistletoe Street, stated that he has a problem with the Peabody School area. He stated that the cars do not care about the children that are in that area. He stated that the City needs to look into having more things brought into the downtown area. He thanked Mr. Johnson and Mayor Moore for taking care of his problem in an area. He stated that the City needs to be also cautious of City employees who own property within the City. Vernel Gannaway, 652 Old Wagner Road, stated that he still has issues with the traffic light on Wagner Road. He stated that the light sensor is still off. He stated that also everyone needs to read the front page of today’s Progress-Index paper. He stated that there is a great article on front of it. Ramona Minns, 11 Botany Bay, stated that she has a complaint regarding speed bumps. She stated that they were given stop signs instead of speed bumps. She stated that they would have preferred the speed bumps instead. 8. BUSINESS OR REPORTS FOR/FROM THE MAYOR OR OTHER MEMBERS OF CITY COUNCIL: a. Consideration of appropriating unexpended grant funds from previous fiscal years to the Police Department’s FY2014 budget. BACKGROUND: Bureau of Justice Assistance grant funds, which were received by the Petersburg Bureau of Police in previous fiscal years, have not been fully expended. The Police Department would like to have the remaining funds from the following grants appropriated to the FY14 budget:  Grant #2012-DJ-BX-0583 – In-Car Camera Project - $1,796. To be used for supplies - $1,789.55 CDs and DVDs for the in-car camera systems have been purchased, but not yet processed by finance. $6.45 remain. The grant expires in 2015.  Grant #2011-DJ-BX-2105 – Enhanced Officer Safety and Reduced Agency Liability - $3,833. To be used for advertising -$2,913.00 CW/Bounce commercial promoting the police department is airing now. $920 remains for advertising. This grant expires in 2014.  Grant #2010-DJ-BX-2105-Enhanced Officer Safety and Reduced Agency Liability -$3,833. To be used for advertising - $2,913.00 CW/Bounce commercial promoting the police department is airing now. $920 remains for advertising. The grant expires in 2014.  Grant #2009-DJ-BX-0729 – Citizen Information through Technology Enhancements Project - $9,646. To be used for computer technology – full amount is encumbered per orders placed by IT Director. Funds will be spent by September 30, 2013. RECOMMENDATION: Recommend Council adopt the attached appropriation ordinance. Council Member Myers made a motion to adopt the appropriation ordinance in the amount of $45,319 for enhanced officer safety, in the car camera assistance police technology, and police promotional grant. The motion was seconded by Council Member Ross. The motion was approved on roll call. On roll call vote, voting yes: Coleman, Myers, Pritchett, Ross, Wilson-Smith, Webb, and Moore 13-ORD-105 AN ORDINANCE, AS AMENDED, SAID ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL YEAR COMMENCING JULY 1, 2013, AND ENDING JUNE 30, 2014 IN THE SPECIAL REVENUE FUNDS IN THE AMOUNT OF $45,319.00 FOR ENHANCED OFFICER SAFETY, IN CAR CAMERA ASSISTANCE POLICE TECHNOLOGY, AND POLICE PROMOTIONAL GRANT.  Minutes from the Petersburg City Council meeting held on: September 17, 2013 -5– ______________________________________________________________________________ b. Consideration of appropriating unexpended grant funds from previous fiscal years to the Public Works Department’s FY2014 budget. BACKGROUND: Revisions to the Virginia Stormwater Management Regulations became effective on September 13, 2011. These revised regulations require most Virginia localities, with the exception of towns not designated as Municipal Separate Storm Sewer Systems (MS4s), to operate their own stormwater management program (which includes locally administering the VSMP permitting process). Therefore, authorization was made in the Code of Virginia 10.1-2128 Stormwater Management for DCR to make grant funding available to build local consistent with the Virginia Stormwater Management Act and applicable regulations. An RFP was issued by DCR on July 30, 2012, and City staff, recognizing the eminent need to fund these additional VSMP program duties, responding to the RFP. In November 2012, DCR awarded the City of Petersburg with grant funding in the amount of $45,646. This grant funding was ultimately anticipated to be expended in both FY13 and FY14 - $7,500 in FY13, and the remaining $38,146 in FY14. However, the $7,500 appropriated for FY13 was never expended. RECOMMENDATION: Recommend Council adopt the attached appropriation ordinance. Council Member Myers made a motion to adopt the appropriation ordinance in the amount of $7,500 for stormwater utility grant. The motion was seconded by Council Member Coleman. The motion was approved on roll call. On roll call vote, voting yes: Coleman, Myers, Pritchett, Ross, Wilson-Smith, Webb, and Moore 13-ORD-106 AN ORDINANCE, AS AMENDED, SAID ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL YEAR COMMENCING JULY 1, 2013, AND ENDING JUNE 30, 2014 IN THE SPECIAL REVENUE FUNDS IN THE AMOUNT OF $7,500 FOR STORMWATER UTILITY GRANT. c. Request to schedule a public hearing for VRA Bonds to fund the Capital Improvement Plan (CIP). BACKGROUND: City Council has adopted the CIP for FY14-FY18 and made a financial commitment of $3,000,000 for the purposes of projects such as furniture and fixtures for the new Library, design and permitting for a City Recreational Center, capital repairs to a City managed museum, capital repairs to the Hustings Courthouse and capital repairs to a City managed golf course. The public hearing is a part of the process in accordance with Code of Virginia for the issuance of bonds to finance these vital capital projects. RECOMMENDATION: Recommend Council schedule a public hearing on this matter for October 1, 2013. Council Member Myers made a motion to schedule a public hearing on October 1, 2013 for VRA Bonds to fund the Capital Improvement Plan (CIP). The motion was seconded by Council Member Ross. The motion was approved on roll call. On roll call vote, voting yes: Coleman, Myers, Pritchett, Ross, Wilson-Smith, Webb, and Moore Mayor Moore stated that he will be having a ward 4 meeting on September 23, 2013, beginning at 6:30pm at Allusions Barbershop. 9. CITY MANAGER’S AGENDA: a. City Manager’s Report 1. When will the traffic light at Wagner Road and Normandy be synced?  Minutes from the Petersburg City Council meeting held on: September 17, 2013 -6– ______________________________________________________________________________ a. Mr. Johnson stated that the Public Works and Engineering Department stated that the traffic light is working perfectly. 2. Are there plans to add a caution traffic light at the Rives Road southbound exit? a. Mr. Johnson stated that Virginia Department of Transportation Project of Rives Road is still under design. He stated that it is scheduled to begin 2015 provided the availability of state funds. Mr. Johnson stated that the City has received a letter from HUD regarding the Lead Grant Program. He stated that the City has been placed under high risk. He stated that the City has received written confirmation last week that they are under threat of having the grant funding stopped as of October 15, 2013. He stated that there were some things that the City was slow in getting done. He stated that he can assure them that they have sent the necessary correspondence to have an appeal and a hearing. He stated that he is also pleased to announce that the manner in which they did spend for the Community Development Block Grant in the section of HUD is also assisting the City in seeking to have this situation appealed. He stated that he will keep everyone abreast with the information as they seek to have the appeal. He stated that staff will continue to move the projects forward until the City receives official notification that the funding has stopped. Mr. Johnson stated that he has been the City Manager in this great City for two years. He stated that he has to say that as he sits at the council meetings on some nights and listens to what the public wants and demands of the Mayor and City Council that he is concerned. He stated that as a community they are going to move forward. He stated that they have to begin to work together and understand that Petersburg will not always be the way Petersburg was 30 years ago. He stated that the negativity has to stop at the council meetings. He stated that the City received 19 proposals to rebrand the City. He stated that this tells everyone that people are looking at Petersburg. He stated that the City has the asset to change the community. 10. CLERK OF CITY COUNCIL'S AGENDA: No items for the Clerk of City Council Agenda. 11. CITY ATTORNEY’S AGENDA: No items for City Attorney Agenda. 12. CLOSED SESSION (IF NECESSARY): No items for closed session. 13. ADJOURNMENT: Council Member Ross moved for adjournment. The motion was seconded by Vice Mayor Webb. There was no discussion. The motion was approved on roll call vote City Council adjourned at 9:25 p.m. _________________________ Clerk of City Council APPROVED: _________________________ Mayor