City Council

Minutes from the Petersburg City Council meeting held on: March 4, 2014 -1– ______________________________________________________________________________ The regular meeting of the Petersburg City Council was held on Tuesday, March 4, 2014, at Vernon Johns Junior High School. Mayor Moore called the closed session meeting to order at 6:30p.m. 1. REGULARLY-SCHEDULED MEETING – 6:30 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 Vice Mayor Horace P. Webb Mayor Brian A. Moore Absent: Council Member Treska Wilson-Smith Present from City Administration: City Manager William E. Johnson, III City Attorney Brian K. Telfair Clerk of Council Nykesha D. Jackson, CMC 3. CLOSED SESSION (a): City Attorney Brian Telfair, stated that it was City Council’s desire to enter into a closed session under Section 2.2-3711.A (1) of the Code of Virginia, and specifically under the Subsection 1 to discuss certain issues with certain public officers; and under Subsection 3 to discuss matter pertaining to real estate, the disclosure of which would adversely affect the City’s bargaining and or negotiation position; and under Subsection 7 to consult with legal counsel, where discussion in an open meeting would adversely affect the position of the City. Council Member Coleman moved that the City Council go into closed session for the purposes noted by the City Attorney. The motion was seconded by Council Member Ross. There was no discussion on the motion, which was approved on roll call vote. On roll call vote, voting yes: Coleman, Myers, Pritchett, Ross, Webb and Moore; Absent: Wilson-Smith City Council entered closed session at 6:30 p.m. CERTIFICATION: Council Member Ross made a motion to return City Council into open session and certify the purposes of the closed session. The motion was seconded by Council Member Myers. There was no discussion on the motion, which was approved on roll call vote. On roll call vote, voting yes: Coleman, Myers, Pritchett, Ross, Webb and Moore; Absent: Wilson-Smith 14-R-10 A RESOLUTION CERTIFYING, AS REQUIRED BY THE CODE OF VIRGINIA, SECTION 2.2- 3712, THAT TO THE BEST OF EACH MEMBER’S KNOWLEDGE, ONLY PUBLIC BUSINESS MATTERS LAWFULLY EXEMPTED FROM OPEN MEETING REQUIREMENTS OF VIRGINIA LAW WERE DISCUSSED IN THE CLOSED SESSION, AND ONLY SUCH PUBLIC BUSINESS MATTERS AS WERE IDENTIFIED IN THE MOTION CONVENING THE CLOSED  Minutes from the Petersburg City Council meeting held on: March 4, 2014 -2– ______________________________________________________________________________ SESSION WERE HEARD, DISCUSSED, OR CONSIDERED. 4. ADJOURNMENT: Council Member Ross moved for adjournment. The motion was seconded by Council Member Myers. There was no discussion. The motion was approved on roll call vote. City Council adjourned at 8:34 p.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 Vice Mayor Horace P. Webb Mayor Brian A. Moore Absent: Council Member Treska Wilson-Smith Present from City Administration: City Manager William E. Johnson, III City Attorney Brian K. Telfair Clerk of Council Nykesha D. Jackson, CMC 3. PLEDGE OF ALLEGIANCE: a. Clerk of Council, Nykesha D. Jackson, led council and the audience in the pledge of allegiance. 4. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS: (Each presentation will be limited to 10 minutes.) a. Proclamation designating March 9-15, 2014, as Girl Scout Week. *This item has been removed and placed on the next City Council’s Agenda. b. Proclamation designating March 2014 as Purchasing Month. *This item has been removed and placed on the next City Council’s Agenda. c. Proclamation designating May 17, 2014, as National Kids to Parks Day. Tami Champ-Yerby, Director of Parks and Leisure Services, stated that she would like to thank the Mayor and City Council Members for this great proclamation. She stated that they are looking forward to National Kids to Park Day. She stated that the City will be partnering with a couple of non-profits in the City to make this day a huge success.  Minutes from the Petersburg City Council meeting held on: March 4, 2014 -3– ______________________________________________________________________________ Mr. Johnson stated that the Planning Commission meeting for Wednesday, March 5, 2014, has been postponed to a later date. He stated that the Director of Planning and Community Development will make the advertisement as to when the meeting will be rescheduled. 5. CONSENT AGENDA: No items for the Consent Agenda. 6. OFFICIAL PUBLIC HEARINGS: (In accordance with the Rules of Council, public comment will be heard before discussion by Council. Once discussion has started, no further input from the public will be accepted. Each speaker will be limited to three (3) minutes.) a. As required by the Code of Virginia, as amended, a public hearing on an amendment to Chapter 26 of the Code of the City of Petersburg, pertaining to hotels. BACKGROUND: The City of Petersburg has undertaken to revise Ordinance as they relate to hotels to meet the current needs of the City and to protect the public health and safety of its citizens and to promote the general welfare of the citizens within the City. RECOMMENDATION: Recommend Council approve and adopt the attached ordinance amending the Code of the City of Petersburg pertaining to hotels. Danielle Powell, Assistant City Attorney, gave a brief overview of the amendment to Chapter 26 of the Code of the City of Petersburg, pertaining to hotels. Mayor Moore opened the floor for public comment. Linwood Christian, 410 Mistletoe Street, asked if Ms. Powell can restate the information that she stated. He asked can she give a brief overview on whether this is a new ordinance or whether this is being updated. He stated that if it is being updated then what the old ordinance was. He also asked why this is taking so long. He stated that this is one of them things that have been on the table for a long time. Ms. Powell stated that in order for a hotel to rent a room to an individual, the individual must sign with his/her own handwriting. She stated that because technology has progressed and many people use credit or bank cards. She stated that the second part of the proposed ordinance deals with the length of stay. She stated that the length of stay is a 30 day period to 60 days. She stated that this is in compliance with Virginia Statewide Fire Prevention Code as adopted. She stated that she cannot answer why this is taking so long. She stated that this is the proposed ordinance and hopefully if City Council adopts this then they can go ahead and adopt it. Seeing no further hands, Mayor Moore closed the public hearing. There was discussion among City Council Members. Council Member Myers made a motion to adopt the ordinance amending the Code of the City of Petersburg pertaining to hotels. 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, Webb, and Moore; Absent: Wilson-Smith  Minutes from the Petersburg City Council meeting held on: March 4, 2014 -4– ______________________________________________________________________________ 14-ORD-13 AN ORDINANCE TO AMEND SECTION 26-1 OF ARTICLE I, OF CHAPTER 26; AND TO ADD SECTION 26-2 TO ARTICLE I, OF CHAPTER 26 ESTABLISHING A LIMIT TO THE LENGTH OF STAY IN A HOTEL; SECTION 26-3 ESTABLISHING ACCESS TO THE PREMISES; AND SECTION 26-4, ESTABLISHING SEVERABILITY; OF THE 2000 CODE OF THE CITY OF PETERSBURG, AS AMENDED. b. As required by the Code of Virginia, as amended, a public hearing on a proposed stormwater management ordinance for local implementation of the Virginia Stormwater Management Program (VSMP). – This public hearing is being continued to a later date. BACKGROUND: In accordance with the current Virginia Stormwater Management Regulations, the City of Petersburg has been required by the Virginia Department of Environmental Quality (DEQ) to adopt and locally administer the VSMP permitting process starting on July 1, 2014. To meet this requirement, the City submitted a preliminary final VSMP Application Package (including ordinances, policies and procedures approved by City staff) to DEQ by January 15, 2014. DEQ is currently in the review process and final comments have not yet been received by the City for incorporation into the proposed stormwater management ordinance for public hearing comment and Council approval. Therefore, City staff requests the public hearing scheduled for March 4, 2014, be postponed until all final DEQ are received and incorporated. RECOMMENDATION: The Department of Public Works respectfully withdraws this proposed ordinance from the agenda for Public Hearings. *This public hearing is being continued to a later date. c. As required by the Code of Virginia, as amended, a public hearing on the potential disposition of publicly-owned property addressed as 108 East Washington Street, further identified as Tax Parcel 011-34-0001. BACKGROUND: The City is considering the disposition of publicly-owned property addressed as 108 East Washington Street, further identified as Tax Parcel 11-34-0001. The subject parcel is improved with a structure that was previously used as the Trailways Bus Depot. There currently is a developer seeking to redevelop this site. RECOMMENDATION: Recommend Council authorize the City Manager to dispose of 108 East Washington Street. Vandy Jones, Director of Economic Development, gave a brief review on the disposition of publicly- owned property on 108 East Washington Street. Byron Smith, developer, gave an overview of what his expectations are once he has received the property. Mayor Moore opened the floor for public comment. Willie Noise, 1508 Circle Drive, asked what the property was going to be used for. He stated that in all the information he heard retail but that he still does not know what the property is going to be used for. He stated that he thinks that any property the citizens should know what the purpose is for. Mr. Jones stated that he cannot give a definitive answer on what company it will be. He stated that there was a study done on filling the gaps of retail in downtown Petersburg. He stated that two things that were noted was gap in grocery sales in the leakage going outside the City as well as the fast casual dining category. He stated that Mr. Smith is proposing is to convert the building into retail spaces that can be offered to vendors in those categories. He stated that they do not have specific vendors but that it would be in those  Minutes from the Petersburg City Council meeting held on: March 4, 2014 -5– ______________________________________________________________________________ categories of the grocery side or the fast casual dining side. Vernel Gannaway, 652 Old Wagner Road, stated that he has concerns on this building. He stated that he understands that this building will be used for retail. He stated that it has not been explained like Mr. Johnson stated. He stated that there are a lot of other places that stated that they are coming in and that they are going to be retail. He asked that isn’t this site of the original bus station on the corner. He stated that this is a site that major occurrences took place on if he can remember. He stated that it may not be important to some people but it is important. He stated that this site is a major part of something that should be put in the books. He stated that this particular area he cherishes to himself. He stated that there are other places that can be used as a grocery store instead of this area. Mr. Smith stated that the issue of the historic nature has not been lost on him. He stated that he has had discussions with the Mayor about the historic importance of this particular structure. He stated that he did not experience Petersburg in segregation but that he was 62 years old. He stated he has traveled throughout the south during the periods of segregation in the 50s and 60s. He stated that he is willing to provide and work with the media outlet to create some level of media experience that would allow people to understand the significance of the bus station with respects to the Civil Rights Era. Linwood Christian, 410 Mistletoe Street, stated that at the age of 47 years old he may not have experience a lot dealing with the Civil Right Movement he has had his fair share. He stated that he was the first black president of Virginia 4-H. He stated that with this role he has had his fair share. He stated that this is kind of odd. He stated that they have had people all over the City turn out at everything but the City Council meetings to preserve historic sites. He stated that there is leakage of a lot of things in the City that has left and been gone for a minute. He stated that Colonial Heights has all but rebuilt their budget on the monies from the people of the City of Petersburg. He stated that he understands the gentleman in the statements of revitalization. He stated that the store right behind the bus station sells more beer than they sell fresh meat. He stated that if they are going to take over something then they need to take over that place. He stated that IGA has become a hole in the wall. He stated that he is not opposed to the City getting somewhere but that sometimes he has to ask at what cost. He stated that the bus station does mean a lot to some people and that they do not know what is coming in the facility. Seeing no further hands, Mayor Moore closed the public hearing. There was discussion among City Council Members. Vice Mayor Webb made a motion to dispose of property located at 108 East Washington Street. The motion was seconded by Council Member Ross. The motion was approved on roll call. On roll call vote, voting yes: Coleman, Myers, Ross, Webb, and Moore; Absent: Wilson-Smith; Voting No: Pritchett 14-ORD-14 AN ORDINANCE TO DISPOSE OF PROPERTY LOCATED AT 108 EAST WASHINGTON STREET. d. As required by the Code of Virginia, as amended, a public hearing on a petition for the issuance of a Special Use Permit to renovate the Southside Depot, located at 37 River Street, as a public/government building. BACKGROUND: The Southside Depot will be renovated into a National Park Service (NPS) Welcome Center and Contact Station. This will entail interior and exterior restoration of the original depot building, new services and office area in the adjacent warehouse building and improvements to the site area, outdoor pavilion/deck to the East. In general, the building portion sets a goal of Silver Certification under the Leadership in Energy and Environmental Design (LEED) rating system. All work will meet federal, state, and local requirements.  Minutes from the Petersburg City Council meeting held on: March 4, 2014 -6– ______________________________________________________________________________ The first floor of the depot building will become orientation and display areas. The first floor of the warehouse will become one-office, men’s and women’s bathrooms, storage and utility areas. The second floor of the warehouse structure will become a conference area and the second floor of the depot building will become 5/6 offices. The eastern site area will be altered to become a performance space and public open space and allow wheelchair access to the river and riverside of the depot building. RECOMMENDATION: Following a duly advertised public hearing, Council may affirm the Planning Commission recommendation, 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. Michelle Peters, Director of Planning and Community Development, gave a briefing of the petition for the issuance of a Special Use Permit to renovate the Southside Depot, located at 37 River Street, as a public/government building. Mayor Moore opened the floor for public comment. Pamela Bingham, 1717 West Princeton Road, stated that she has some questions. She stated that her father is not present so she has to represent his interest for the historic region. She asked that when the parks service once used this site as an interpretation for Civil War history, what exactly does this mean. She asked whether they have already determined what this interpretation will be. She asked whether this was the continuation of something that was already underway. Steven Hicks, Director of Public Works stated that right now they have been working with the superintendent of the National Parks Service. He stated that his vision of this is that they capture all the phases of the Civil War as possible. He stated that this is going to be a comprehensive welcome center for a lot of people to come to. Ms. Bingham asked whether there was a local advisory committee for the project. Mr. Hicks stated not for this project. He stated the purpose of this is for a Special Use Permit to allow for a government facility use. Ms. Bingham stated that her parents have been in the City since 1984. She stated that on her father’s side there are ancestors of Gabriel. She stated that one thing that she has noticed while being in Petersburg and Richmond is that there is not an abundance of equity in terms of the Civil War. She stated that she is a friend of the American Park. She stated that she is the person outside with the Grand Canyon Sticker. She stated that she is trying to hike it this summer. She stated that she has always been involved on the cultural resource management side which has to do with the equity and interpretation of history. She stated that she is always encouraged by programs with the National Park but that she is also concerned that there be equity and completeness in this story. Mr. Johnson stated that this has been part of the conversation to make sure that they tell the entire story. He stated that they are also working creating synergy between on the contact station and what is being interpreted at the Siege Museum, Centre Hill, and Blandford Cemetery to make sure that it is a very comprehensive story. He stated that this is definitely part of the conversation since they have been working on it for the last two years.  Minutes from the Petersburg City Council meeting held on: March 4, 2014 -7– ______________________________________________________________________________ Ms. Bingham stated that her family has brought money to the City of Petersburg and Richmond via family reunions. She stated that one of the challenges that she has had as the reunion chair person is going throughout the Cities and seeing that there are no historical presentation and that they have to do so themselves. She stated that she is learning about Pocahontas Island now. She stated that there is so much history that people do not have an idea about. Seeing no further hands, Mayor Moore closed the public hearing. Council Member Pritchett made a motion to approve the Special Use Permit to renovate the Southside Depot, located at 37 River Street, as a public/government building. 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, Webb, and Moore; Absent: Wilson-Smith 14-ORD-15 AN ORDINANCE TO APPROVE THE SPECIAL USE PERMIT TO RENOVATE THE SOUTHSIDE DEPOT, LOCATED AT 37 RIVER STREET, AS A PUBLIC/GOVERNMENT BUILDING. e. As required by the Code of Virginia, as amended, a public hearing on a request that a halfway house be permitted at 230 South Crater Road, Tax Parcels 021-23-0900 and 021-23-0004. BACKGROUND: The existing facility was formerly WXEX TV-8 with an adjacent tower on the property. A more recent use included a school for troubled teenage boys. The property is in the B-2 (Great Commercial Zoning) district. A special use permit is required for the halfway house use. The Discipleship Housing Ministry, Inc. operates this Christian Transitional and Supportive Housing for ex-offenders. The program operated by the ministry includes providing housing, employment, training opportunities, financial planning, and an opportunity to be a part of the community through community service projects. The program aims to assist ex-offenders with gaining access to services offered through Social Services and other faith based ministries and organizations. The program will be financed through private grants given to ex-offenders who participate. The grants will cover room, board, meals and training. RECOMMENDATION: Following a duly advertised public hearing, Council may affirm the Planning Commission recommendation, 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 deny the request. Michelle Peters, Director of Planning and Community Development, gave brief overview of the request of a Special Use Permit for property located at 230 South Crater Road. Eric Evans, 1151 Rome Street (petitioner), gave a brief statement of the request for a Special Use Permit. Mayor Moore opened the floor for public comment. Linwood Christian, 410 Mistletoe Street, stated that he is almost inclined to agree with the Planning Commission. He stated that he would hope that the presenters do not misunderstand what he is saying. He stated that the little that he did hear still has a lot of questions unanswered. He stated that one thing that he has always said is that this City does not do enough to embrace those that are trying to rebuild their lives. He stated that at the same time you would want to be careful. He stated that he thinks that are some questions  Minutes from the Petersburg City Council meeting held on: March 4, 2014 -8– ______________________________________________________________________________ regarding the project. He stated that there are so many churches in the City and nobody is ministering anything. He stated that this is one time that he has to agree to deny the application. He stated that there are some questions that are not answered. He stated that he would rather City Council hold off on approving the Special Use Permit. He does not think that it should be denied but to bring back the petitioner with answers to these questions. Willie Noise, 1508 Circle Drive, stated that he wants City Council to have a good check list for things like this. He stated that a halfway sounds like a dressed up name for a group home to him. He stated that since they are talking about closing Central State and infiltrate the City with the guests that they have there. He stated that if the City does not have a good check list to really pick these people apart so that the City knows what they are getting. He stated that the City has had several deaths in the City that these group homes were supposed to be responsible for. He stated that no one is checking the healthcare on why these people were where they were at or anything. He stated that the people are going irresponsible. He stated that there is a criminal act being done of taking people’s money. He stated that it’s nothing about rehabilitating people but that the ones in charge have to be monitored as well. He stated that they are just not any good citizens. He stated that whatever they do just make sure that there is something in place that is going to govern and monitor these people from A to Z. Vernel Gannaway, 652 Old Wagner Road, stated that he is almost in favor of this but that there are so many things that have transitioned. He stated that his question would be to the petitioner on whether he has invited others to be a part of this to help this go through. He stated that they rehabilitate people to help them advance. He stated that the City needs this in Petersburg a lot. He stated that he is on the point of a question that they monitor and find out some more details on the project of halfway house. Franky Robinson, 1205 Rome Street, stated that they are not just bringing the project here because the petitioner lives here. He stated that they are seeking psychiatric help and counseling from Social Services. He stated that these are things that they have to address in order to help people. He stated that they all have different problems. He stated that they know this and that they are willing to spend the money to make sure that they are operating safely for the community. He stated that they would like everyone to go back into the community. He stated that as far as business, these people will not have business just for random. He stated that they have to be trained and educated. He stated that they do have resources where they can let them go into business. He stated the training will teach and train them on how to go into business on their own. He stated that this is not a fly by day program. He stated that they have studied and that they feel that they can help where it is not available. He stated that business is another way that they can develop into areas where this is not available. He stated that they are willing to put up the money and that they have their own money. He stated that they have their own grants from a private side. He stated that they are not asking anyone for any money and they already have this for security. He stated that they are asking people to come forward and help with the program. He stated that this comes with a double edged sword. Seeing no further hands, Mayor Moore closed the public hearing. There was discussion among City Council Members. Council Member Pritchett made a motion to table the public hearing for a further date and further information. 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, Webb, and Moore; Absent: Wilson-Smith f. As required by the Code of Virginia, as amended, a public hearing on a petition to amend an approved Rezoning 09-ORD-24, which permits the Planned Unit Development (PUD), dated May 5, 2009, by changing condition C(i). The property address is 319-321 Brown Street, Tax Parcel 023-33-0801, subdivided from the property known as 325 Brown Street – This public hearing is being continued to a later date.  Minutes from the Petersburg City Council meeting held on: March 4, 2014 -9– ______________________________________________________________________________ BACKGROUND: The proposed development would consist of twenty-six (26) low-income multi- family dwelling units targeted to individuals with a disability. It is located in the Brown building, which also consists of development that were approved as part of phase II of the Brown and Williamson Development. This phase included Pace Riverside, an adult daycare facility and 13 multi-family units. The request is targeting participants and employees of the adjacent PACE Adult Day Care Center. The proximity of the housing to daily events (care and work) could reduce the demand on parking, traffic, associated congestion, and encourage more development of community services and amenities within walking distance of each other. A condition of the previously approved rezoning of the Planned Unit Development requires all multi- family residential units to be market rate. Low-income units are not permitted. Under the current zoning, the applicant could provide multi-family units at market rate. The applicant has changed the application and the type of tax credit sought in the financing of the project. The project will be partially funded by equity provided in connection with an allocation of 9% low income Housing Tax Credit (LIHTC) from the disability pool, as determined and administered by Virginia Housing and Development Authority (VHDA). The low-income program requires that 51% of the units be rented to a person with incomes at a or below 40% of area median gross income (AMGI) and 49% of the units will be made available to persons at or below 60% of area median gross income. The disability program prohibits age restrictions. The maximum rent a tenant can be required to pay for a low-income unit in a tax credit property is 30% of a percentage (usually 60% or 40%) of area median gross income (AMGI). In Petersburg, the income and rents will look similar to this: HUD establishes the AMGI and for 2014, it is $77,500.00. Therefore, 60% will allow a maximum income of $46,500 with a maximum rent of $1,162.00, and 40% will allow a maximum income of $31,000.00 with a maximum rent of $775.00. RECOMMENDATION: Following a duly advertised public hearing, Council may affirm the Planning Commission recommendation, 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 deny the request. *This public hearing is being continued to a later date. g. As required by the Code of Virginia, as amended, a public hearing on a petition for a Special Use Permit to operate a stand-alone used vehicle sales and a stand-alone vehicle repair business, subject to certain terms and conditions, 1300 East Washington Street. BACKGROUND: The building is recently vacated by a paint contractor and was once used as a vehicle sales and vehicle repair business. This is not a new business in the City of Petersburg, but relocation from a site that has been sold for other purposes. There are a number of similar uses in this corridor and the uses are permitted subject to the approval of the Planning Commission and City Council. The proposed use is subject to the voluntary conditions attached to the request. The property is being purchased for the purpose of vehicle sales and vehicle repair. The former business that was operating at this address has relocated to another building in the City of Petersburg.  Minutes from the Petersburg City Council meeting held on: March 4, 2014 - 10 – ______________________________________________________________________________ RECOMMENDATION: Following a duly advertised public hearing, Council may affirm the Planning Commission recommendation, 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 a Special Use Permit. Michelle Peters, Director of Planning and Community Development, gave an overview of the request for a Special Use Permit for property at 1300 East Washington Street. Mark Specter, representative for petitioner, gave an overview of the used vehicle sales and a stand- alone vehicle repair business. Rob Guidry, President of Container First Services, gave an overview of what was going to take place on the property. Mayor Moore opened the floor for public comment. Seeing no hands, Mayor Moore closed the public hearing. Council Member Pritchett made a motion to approve a Special Use Permit for property located at 1300 East Washington Street for a used vehicle sales and a stand-alone vehicle repair business. 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, Webb, and Moore; Absent: Wilson-Smith 14-ORD-16 AN ORDINANCE TO APPROVE A SPECIAL USE PERMIT FOR PROPERTY LOCATED AT 1300 EAST WASHINGTON STREET FOR A USED VEHICLE SALES AND STAND-ALONE VEHICLE REPAIR BUSINESS. h. As required by the Code of Virginia, as amended, a public hearing on the proposed abandonment of Hartley Street, two alleyways adjacent to Hartley Street, and one alleyway adjacent to Gressett Street. – This public hearing is being continued to a later date. BACKGROUND: The Public Works Department, the City Attorney’s office, and the Fire Department have reviewed the application to abandon Hartley Street, two alleyways adjacent to Hartley Street, and one alleyway adjacent to Gressett Street. There are several lots that have frontage on Hartley Street that are now under ownership of one owner. The owner is requesting the abandonment of the rights-of-way to accommodate proposed future development. Staff does not believe vacation of Hartley Street will adversely impact the City of Petersburg or the Department of Public Works. We recommend approval of this request. The Fire Department and the City Attorney’s office support the request with the condition that easements are provided that may be required for City maintained infrastructure. The applicant will have to provide easement plats for any existing public utilities that are required maintaining active. The applicant will be responsible for all research, platting, and recordation fees associated with the easements. RECOMMENDATION: Recommend Council adopt the attached Ordinance abandoning the subject public right-of-way. 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  Minutes from the Petersburg City Council meeting held on: March 4, 2014 - 11 – ______________________________________________________________________________ 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. Willie Noise, 1508 Circle Drive, stated that he has a list tonight that he hates to even read. He stated that these are his thoughts that he would like to throw out there. He stated that there needs to be an attorney for the school board members. He stated that there needs to be a contract to garden the City with Colorado and California for confiscated marijuana. He stated that there needs to be an assistant clerk for the Clerk of Council. He stated that prayer needs to be reinstated. He stated that there are no standards or constituency at the meeting. He stated that this goes back to the time when they were doing integration and segregation. He stated in certain states whatever the constitution was they did what they wanted to do. He stated that a set amount deducted from property owners concerning section 8 is his list. He stated that there should be a certain amount of money deducted from these properties and owners to support the school system. He stated that he would also like to ask City Council to consider or try to find some more money to give to the school system. He stated that he would like to thank City Council for their solidarity among the citizens, City Council, and prospect that come to try and set up a business within the City. Linwood Christian, 410 Mistletoe Street, stated that he hopes that City Council will look at within their budget and give Mrs. Yerby the necessary money to do what needs to be done with the parks. He stated that some years ago there was a proposal for a skateboard park. He stated that once this came forward it was shot down. He stated that there needs to be something for the young people to do. He stated that they need more. He stated that the City needs to prioritize. He stated that they are still looking at lofts and a convention center that is coming downtown. He stated that there is really nothing to draw anybody anywhere. He stated that young people have become more engaged in activities that will get them locked up or killed. He stated that the City needs to go back and look at the issue of having a skateboard park. He stated that the City needs decent recreation center. He stated that he hopes that City Council does a five year agenda or an Agenda for Progress like they have done in the past. He stated that in addition to looking at priorities that City Council are the ones that the City looks up to. He stated that City Council has issues among themselves where they are bickering or suing one another. He stated that he does not want his tax dollars to be used on anyone that is guilty. Daniel Blaha, 2324 Squirrel Level Road, stated that he has had the pleasure of serving on the Petersburg Planning Commission for eight years. He stated that he is glad that Mr. Christian agrees with the Planning Commission. He stated that when two people agree one is not needed. He stated that he has seen a lot of changes in the years on the Planning Commission. He stated that he wants to focus on something positive tonight. He stated that he personally would like to thank the City Engineer, Tennille Wade, for the courteous and timely response to the issues at St. Joseph School. He stated that the City has had many great hires over the years. He stated that there are some in front of him and many behind him as well. He stated that he hopes that this continues in the future especially in the business that will open in the near future. He stated that they all see positive things happening and that he looks forward to the day when he does not get an apology when he is asked where he lives. He stated that he thanks City Council for their time and what they do for the City. 8. BUSINESS OR REPORTS FOR/FROM THE MAYOR OR OTHER MEMBERS OF CITY COUNCIL: a. Consideration of a Resolution placing a moratorium on consideration of all real estate tax exemption requests. BACKGROUND: The City often receives applications for exemption from real estate taxes. If approved, these exemptions waive all but 20% of the real estate tax owed by the applicant. Such exemptions would reduce the amount of real estate tax revenues received by the City which, of course, would make it much more difficult to stretch the already scarce funds needed to operate the City in an effective and efficient manner.  Minutes from the Petersburg City Council meeting held on: March 4, 2014 - 12 – ______________________________________________________________________________ RECOMMENDATION: Recommend Council adopt the attached Resolution. Brian Telfair, City Attorney, gave an overview of the resolution placing a moratorium on consideration of all real estate tax exemption requests. Council Member Ross made a motion to approve the resolution placing a moratorium on consideration of all real estate tax exemption requests. 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, Webb, and Moore; Absent: Wilson-Smith 14-R-11 A RESOLUTION PLACING A MORATORIUM ON CONSIDERATION OF ALL REAL ESTATE TAX EXEMPTION REQUESTS. b. Consideration of a Resolution approving the Petersburg Area Transit Employee Substance Abuse Policy. BACKGROUND: The directives listed in FTA’s 49 CFR 655.15 calls for very specific FTA policies to be listed for PAT’s safety sensitive employees. The PAT Employee Substance Abuse Program is administered by the City’s Human Resource Department and has been approved by Council in the past. The updated PAT Employee Substance Abuse Policy is in line with the City of Petersburg’s Substance Abuse Policy, an existing and approved administrative regulation document. RECOMMENDATION: Recommend Council approve, by Resolution, the attached Petersburg Area Transit Substance Abuse Policy, with an effective date of March 4, 2014. William Johnson, City Manager, gave an overview of the consideration of a resolution approving the Petersburg Area Transit Employee Substance Abuse Policy. Council Member Myers made a motion to approve the resolution for the Petersburg Area Transit Employee Substance Abuse Policy. 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, Webb, and Moore; Absent: Wilson-Smith 14-R-12 A RESOLUTION ADOPTING THE PROPOSED PETERSBURG AREA TRANSIT EMPLOYEE SUBSTANCE ABUSE POLICY. c. Consideration of scheduling a public hearing on an amendment to Chapter 70 of the Code of the City of Petersburg, pertaining to false alarm fees. BACKGROUND: A review of the data of time spent responding to false alarms in the City of Petersburg in 2013 has revealed: 1) there were approximately 3,700 false alarms in the City of Petersburg in 2013, 2) there was an estimated cost to the City of over $70,000 for time spent at false alarm calls; 3) the false alarm call responses led to displacing police officers from other crime preventing initiatives. Staff recommends the following changes to the existing ordinance: #70-124 – change from “user data form” to “alarm permit” required for alarm users. #70-127 – entirely change the fee schedule as follows: Current Proposed 1st false alarm to 6th - No Fee 1st and 2nd false alarm- No Fee 7th false alarm - $15 3rd false alarm- $50 8th false alarm - $25 4th false alarm- $75  Minutes from the Petersburg City Council meeting held on: March 4, 2014 - 13 – ______________________________________________________________________________ 9th false alarm - $35 5th false alarm- 100 10th false alarm - $50 6th and subsequent- $125 11th false alarm - $75 12th false alarm – removal from response #70-128 – removes “reinstated fees” #70-129 – change from Police Department notifying Finance monthly of violators to Officers issuing citations when the violation occurs and forwarding to Finance on a daily basis. #70-130 – clarifies definition of audible, and reduces fine. #70-131 – new section allowing for appeals #70-132 – new section that treats alarm tests without notification to Police Department as a deliberate false alarm, under Section 70-126. RECOMMENDATION: Recommend that Council schedule a public hearing on this matter for March 18, 2014. Council Member Pritchett made a motion to schedule a public hearing for false alarm fees on March 18, 2014. 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, Webb, and Moore; Absent: Wilson-Smith Council Member Pritchett stated that he has had a group of individuals approach him about the Blandford Cemetery condition. He stated that he would ask Mr. Hicks to engage with these people and that he can furnish the names. He stated that this would be regarding the care of grave stones and condition of the streets and drainage. He stated that he would like to thank Social Services on the dramatic decrease in teen pregnancy in the City. He stated that he thinks that this is outstanding. Council Member Coleman stated that he will be having a ward meeting on March 31, 2014, beginning at 6:30p.m. at A.P. Hill Elementary School. He stated that all are welcome to attend. Council Member Ross stated that he would like to ask Mr. Johnson and Mr. Hicks to go back through the City, particularly in the Battlefield Park area and East Walnut Hill, and do a clean sweep. He stated that the gutters need to be cleaned and leaves need to be picked up as well. He stated that they should have done a leaf pick-up after December. 9. CITY MANAGER’S AGENDA: No items for this portion of the agenda. 10. CLERK OF CITY COUNCIL'S AGENDA: No items for this portion of the agenda. 11. CITY ATTORNEY’S AGENDA: No items for this portion of the agenda. 12. CLOSED SESSION (IF NECESSARY): No closed is necessary.  Minutes from the Petersburg City Council meeting held on: March 4, 2014 - 14 – ______________________________________________________________________________ 13. ADJOURNMENT: Council Member Coleman moved for adjournment. The motion was seconded by Council Member Ross. There was no discussion. The motion was approved on roll call vote City Council adjourned at 9:54 p.m. _________________________ Clerk of City Council APPROVED: _________________________ Mayor