City Council

Minutes from the Petersburg City Council meeting held on: September 15, 2015 -1 – ______________________________________________________________________________ The regular meeting of the Petersburg City Council was held on Tuesday, September 15, 2015, at the Union Train Station. Mayor Myers called the regular scheduled 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 John Hart, Sr. Council Member Darrin L. Hill Council Member Brian A. Moore Council Member Samuel Parham Mayor W. Howard Myers Absent: Council Member Treska Wilson-Smith Present from City Administration: Deputy City Manager Irvin Carter Assistant City Attorney Danielle Powell Clerk of Council Nykesha D. Jackson, CMC 3. MOMENT OF SILENCE: a. Clerk of Council, Nykesha D. Jackson, led council and the audience in a moment of silence . 4. PLEDGE OF ALLEGIANCE: a. Clerk of Council, Nykesha D. Jackson, led council and the audience in the Pledge of Allegiance. 5. PRESENTATION/PROCLAMATIONS/RECOGNITIONS: (Each presentation will be limited to 10 minutes.) *No items for this portion of the agenda. 6. CONSENT AGENDA: a. Request to hold a public hearing on a proposed Ordinance amending §§18-1, 18-6, 18-7, 18-31, 18-95, 18-116, 18-184, and adding §18-206 to Chapter 18 of the Code of the City of Petersburg. b. Request to hold a public hearing on the October 6th Council Meeting to permit the purchase of 710 Wesley Street, 706 Wesley Street, 704 Wesley Street, 708 Federal Street and 709 Ann Street. Council Member Hart made a motion to accept the Consent Agenda. The motion was seconded by Council Member Hill. The motion was approved on roll call. On roll call vote, voting yes: Coleman, Hart, Hill, Moore, Parham and Myers; Absent: Wilson-Smith  Minutes from the Petersburg City Council meeting held on: September 15, 2015 -2 – ______________________________________________________________________________ 7. 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. Hold a public hearing to receive citizen comment on the proposed updates to the City of Petersburg Comprehensive Plan. BACKGROUND: The Code of the State of Virginia section 15.2-2223 requires the City to have a Comprehensive Plan. The Plan is general in nature and represents a broad statement of goals and strategies to guide decisions related to future land use and physical development of land within the City. The City of Petersburg has been working on updates to the Comprehensive Plan since 2008. The framework for the plan was done by community Partners and presented to Planning Commission but never taken to City Council for action. The planning department went through the proposed plan document and updated the applicable sections to show the progress that has been made since the inception of the document. In addition, the planning department updated graphs and charts that will reflect current trends and updated the analysis to speak to current conditions. Due to the aggressive schedule established by the State of Virginia for their VTrans2040 plan and the financing of the plan through HB2, the City has to have their comprehensive plan and a resolution adopted by September 30, 2015, in order to be eligible for VDOT funding for road, interstate and transit projects. Once action is taken on the plan, a resolution must also be adopted to be submitted with any HB2 applications certifying compliance with the State Code of Virginia §15.2-2223.1 certifying that the amended comprehensive plan will have similar districts and areas that are described as Urban Development Areas (UDA) and that the intent of these districts are met and compliant. 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 updated Comprehensive Plan. Michelle Peters, Director of Planning and Community Development, gave a brief PowerPoint presentation on the City of Petersburg Comprehensive Plan. Ms. Jackson opened the floor for public comment. Willie Noise, 1508 Circle Drive, stated that this was some report on the update of the City of Petersburg Comprehensive Plan. He stated that nothing was mentioned about the existing plan and the progress that was made. He stated that to go into another plan on top of the old plan, he wondered whether this was on the bucket list. He stated that this would be like some of the things that have not been taken care of so far and what is the plan. He stated that normally if you are going to have money into a new plan and you have stuff left in the old plan how much money of the new plan will go to the old plan. He asked whether they are just going to go and throw the old plan away. He stated that he would like to request and mention a couple of things. He stated that he would like to see the City of Petersburg to focus on corner lots instead of whole streets and blocks. He stated that if they can just do corner lots then this would be impressive. He stated that he wants something to be added or planned for Youngs Road. He stated that this is a highly traveled corridor. He stated that it furnishes and servicing two schools: Westview Elementary and J.E.B. Stuart Elementary School. He stated that another thing is that they did a beautiful job in Western Hills with the streets and partial curbing. He stated that there is still a section in the neighborhood that has not been completed. He stated that he would like for them to look at this in the plan.  Minutes from the Petersburg City Council meeting held on: September 15, 2015 -3 – ______________________________________________________________________________ Mrs. Peters stated that back in 2000 this was the last time that City Council adopted a Comprehensive Plan. She stated that this plan was amended through 2008. She stated that state law requires them to review the Comprehensive Plan every five years. She stated that the Planning Department embarked upon that review. She stated that the Comprehensive Plan was never adopted and that it was discussed at Planning Commission meetings. She stated that there was a public hearing at Planning Commission meeting but no action was taken. She stated that the plan that is in front of everyone today is an update using that framework that was established back in 2009 and later updated by the same consultant in 2011. She stated that it was never adopted. Sonya Reese, 221 High Street, stated that she has lived at her address for over 40 years and that she has loved just about every minute of it. She stated that some may be surprised that she has not gone on to greener pastures. She stated that she is present to talk about green places. She stated that the green that she saw on the map was mostly around the edges. She stated that she has not seen any thoroughly thru the City. She stated that the City has wonderful architecture but does not have anything that people can say look at that beautiful green park with trees. She stated that it is a contrast and that she would call it a beautiful thing. She stated that people are drawn to beauty and that the City is looking at drawing people in. She stated that they have talked about improving the looks but that she thinks that they have to develop a conscience of creating beauty. She stated that it sells and that this is what they are trying to do. She stated that they are trying to sell Petersburg. Mrs. Peters stated that the land use map is capturing open space in the park area. She stated that the green area and places that they would see would come from when the zoning ordinance is amended and designs standards are incorporated in the zoning ordinance that will carry out the goals and objectives in the Comprehensive Plan. She stated that there is no map to show this because it does not right now exist but that if it is the desire of the City Council to approve the update then the zoning ordinance would then come back with the green spaces that were spoken about. Talibah Majeed, 1847 Brandon Avenue, stated that she heard to include citizens in community development projects. She stated that she is wondering on whether there is a plan on working on how to do this now. Mrs. Peters stated that the Planning Commission has subcommittees. She stated that the subcommittees are for zoning ordinance updates and design overlay districts. She stated that this committee will invite citizens to participate and help create standards by which they will do future developments. She stated that this is one way that they will be included. She stated that in addition to any zoning update a citizen can join the committee that is a subcommittee of the Planning Commission and work on those amendments and changes. She stated that other than that unless it is a City project, private developers do not have to involve citizens. She stated that anything that the City of Petersburg will be creating the initiative then they will definitely have open public forums and meetings to gather opinions from any interested citizens. Michael Edwards, 409 Grove Avenue, stated that he has lived on Grove Avenue for 30 years. He stated that he has reviewed the Comprehensive Plan thoroughly. He stated that he has had a lot of conversations with Mrs. Peters. He stated that he did oppose the name changing of Fleet and Canal Street. He stated that some of them have to realize that only a City can move forward and be progressive enough to take the steps. He stated that before Grove Avenue was redone you could wash your clothes going down the street. He stated that it was one of the shakiest and bumpiest streets in the City. He stated that many in that area resented this and his late grandmother is one of them. He stated that she did not like change. He stated that Exit 52 is on everyone’s radar and that it has to change. He stated that they spent all that money down there and that when you walk the streets the bricks are popping up. He stated that he adopted Grove Avenue in memory of his grandmother. He stated that when you call for a work order to the City it never gets fixed. He stated that he hopes that when they approve this plan tonight that some type of staff or third party group comes back and say that we spent all this money so now we need to make sure it stays maintained. He stated that he seen the pictures of the gateway to Virginia State University. He stated that he hopes that what they see when it is done is what they have seen on the  Minutes from the Petersburg City Council meeting held on: September 15, 2015 -4 – ______________________________________________________________________________ pictures. He stated that when he brings people in the City with his limo service he tries to push people into the City and downtown area. He stated that a lot of people do not want to come to Petersburg they want to go to Richmond. He stated that with the Comprehensive plan just as Ms. Reese stated that they are selling Petersburg. He stated that this is a City where you can come have fun and enjoy the night life and good restaurants. He stated that everyone knows that when you come off Exit 52 and miss Washington Street and come down to Wythe Street then the City has lost them. He stated that as they deliberate this in the plan into to please keep this in mind. Seeing no further hands, Ms. Jackson closed the public hearing. There was discussion among City Council and staff. Council Member Coleman made a motion to approve the updated Comprehensive Plan. The motion was seconded by Council Member Hart. The motion was approved on roll call. On roll call vote, voting yes: Coleman, Hart, Hill, Moore, Parham and Myers; Absent: Wilson-Smith 8. 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. Willie Noise, 1508 Circle Drive, stated he has two topics for tonight. He stated that the first topic is regarding the City landfill. He stated that Petersburg is not big enough for out of state trash. He stated that he would like the Deputy City Manager to record his questions or statements and make sure that the manager answers them. He stated that he would like to know the rate or the height of the trash that is building. He asked what direction the wind blows for the majority of time. He stated that the maintenance of the trucks, not sure if it is the hydraulics or the cleanliness, but that it is staining the streets. He stated that during the trash collection there is a smell and that there is a lot of stuff in the streets. He stated that there not trash in the streets but that the watery compacts from the trucks is a problem. He stated that it is too much trash to be processed in a timely manner. He stated that he thinks that this is where the smell is coming from. He stated that he thinks that is from the open trash being there before other trash is dumped on it. He stated that in contracts out of the City he does not know anything about it. He stated that he hopes that they are not getting into long-term contracts in case something needs to be changed with procedure. He stated for instance signing a contract with an out of state company to process their trash. He stated that it is the smell that is coming from the bulk of trash and he has heard people talking about it. He stated that it looks good when it is covered up with the dirt and whatever procedure they are supposed to be doing. He stated that now that they have gotten to a certain height they are expanding outward. He asked what rate of buildup this is going through. He stated that something has got to be done with the underage gun carriers in the City. He stated that there is a shakedown of drugs, alcohol and everything else. He stated that there needs to be a shakedown on the younger kids carrying guns. Kevin Patterson, 1150 West Normandale Avenue, stated that he would like to thank City Council for this opportunity. He stated that he is present on behalf of River City Comprehensive Counseling Services. He stated that started out in 2009 by a group of social workers out of the Richmond area. He stated that in 2013, he was hired to develop a program and organization in the community. He stated that he comes in two positions tonight. He stated that he comes briefly to speak on River City Comprehensive Counseling. He stated that the counseling service include intensive in-home mental health crisis and stabilization. He stated that they have a veteran program. He that they are one of two Virginia programs awarded this grant by the department of labor. He stated that they do additional outpatient substance abuse services. He stated that there contracts and memorandum of understanding includes the Virginia  Minutes from the Petersburg City Council meeting held on: September 15, 2015 -5 – ______________________________________________________________________________ Department of Correction to provide substance abuse services to ex-offenders. He stated that they have a certified matrix program which is a recovery base program. He stated that they also provide group therapy for DUI’s clients under the John Tyler and Capita Area Alcohol Safety Program. He stated that they are in current discussion with Riverside developing a memorandum of understanding to service residence that is coming back into the Petersburg area. He stated that they just formed collaboration with a program that was formed at Peabody Middle School last year by Jenelle Sinclair. He stated that they have joined with her to provide oversite for the program. He stated that they are about to open up in the west end of Richmond a medication assistant program. Michael Edwards, 409 Grove Avenue, asked whether Petersburg is a City of Readers or glowing with opportunity or a City of killings. He stated that you can do three good things and then one bad thing can happen and no one remembers the good. He stated that he bets that a lot of people are not going to remember that there was a men’s forum this past weekend. He stated that they will remember the killing. He stated that Petersburg is working hard to rebuild its image. He stated that when you turn on the news you hear of another killing in the City. He asked whether City Council knew that Petersburg is being compared to Richmond these days. He stated that the elected body before him today needs to take a plan of action to combat the violence in Petersburg. He stated that if people that are hired or appointed are not doing their job then the hires and appointees need to be rethought. He stated that this body was elected to lead and that now is the time to lead more than ever. He stated that now is the time for everyone both elected and citizens to join together in unity and help fix this problem. He stated that Petersburg is not a weak City. He stated that actions here lately may give a different opinion. He stated that the City needs to show that they are strong and can overcome anything that is thrown at them. He stated that they were once a community. He stated that they need to rebuild on this and be like the community once was. He stated that each day the officers report into duty. He stated that they put on that badge and put on that uniform and they are ready to tackle anything that is thrown at them. He stated that they all here the news of police violence and brutality and corruptions in the department. He stated that the City has a couple that is present today that are dedicated officers that put their life on the line for Petersburg citizens every day. He asked do they get the respect that they deserve. He stated that they get this by some citizens and then there are some that they wish they can put a bullet right through their heads. He stated that citizens need to realize that they are only doing their jobs. He stated some have given him a few speeding tickets but that the officers are doing their jobs. He asked City Council and City administration to begin to prepare a plan of action before it is too far gone. He stated that he hopes in the future they all hear of a plan. 9. BUSINESS OR REPORTS FOR/FROM THE MAYOR OR OTHER MEMBERS OF CITY COUNCIL: a. Consideration of a resolution authorizing City Manager to Execute Project Administration of FY16 Primary Extension Program Funds through the Virginia Department of Transportation (VDOT) for West Washington Street and consideration for the Council to adopt the appropriation resolution for $650,000. BACKGROUND: The City of Petersburg has received an allocation of $650,000 through the VDOT Primary Extension Program for the rehabilitation of the pavement on West Washington Street from McKenny Street to the City’s western limits. Funds are used to finance eligible work on streets within localities. The program is intended to provide funding for immediately needed improvements. The project will involve rehabilitation of the pavement on West Washington Street on the east and west bound from McKenny Street to the western city limits. Total length is approximately 0.96 miles. The total project cost will be $650,000. RECOMMENDATION: Authorize the City Manager to execute project administration agreements and any related documents of FY16 Primary Extension Program funds through the VDOT for the rehabilitation of the pavement on West Washington Street and approve the appropriation resolution for $650,000.  Minutes from the Petersburg City Council meeting held on: September 15, 2015 -6 – ______________________________________________________________________________ Council Member Hart made a motion to authorize the City Manager to execute project administration agreements and any related documents of FY16 Primary Extension Program funds through the VDOT for the rehabilitation of the pavement on West Washington Street and approve the appropriation resolution for $650,000. The motion was seconded by Vice Mayor Parham. The motion was approved on roll call. On roll call vote, voting yes: Coleman, Hart, Hill, Moore, Parham and Myers Absent: Wilson- Smith 15-R-45 A RESOLUTION SUPPORTING THE APPROPRIATION FUNDS IN THE AMOUNT OF $650,000. 15-ORD-63 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE PROJECT ADMINISTRATION AGREEMENTS AND ANY RELATED DOCUMENTS OF FY16 PRIMARY EXTENSION PROGRAM FUNDS THROUGH THE VDOT FOR THE REHABILITATION OF THE PAVEMENT ON WEST WASHINGTON STREET. b. Consideration a resolution for the adoption of the Comprehensive Plan Update and UDA- like areas designated compliant with State Code. BACKGROUND: The Code of the State of Virginia section 15.2-2223 requires the City to have a Comprehensive Plan. The Plan is general in nature and represents a broad statement of goals and strategies to guide decisions related to future land use and physical development of land within the City. The planning department went through the proposed plan document and updated the applicable sections to show the progress that been made since the inception of the document. In addition, the planning department updated graphs and charts that will reflect current trends and updated the analysis to address current conditions. The updates include citizens’ comments and observations which have been expressed during public meetings, the public hearing of the Planning Commission and office visits to the Planning Department. The Commonwealth of Virginia has now adopted a project prioritization program whereby projects of statewide significance are selected for funding based on the need being identified in the VTrans 2040 plan. This need must address reducing congestion, improve safety, and improve connectivity, creating walkable places, alleviating bottlenecking, and promoting economic development. Once action is taken on the plan, a resolution must also be adopted to be submitted with any HB2 applications certifying compliance with the State Code of Virginia §15.2-2223.1 certifying that the amended comprehensive plan will have similar districts and areas that are described as Urban Development Areas (UDA) and that the intent of these districts are met and compliant. RECOMMENDATION: Adopt the updated Comprehensive Plan and Resolution. Council Member Coleman made a motion to adopt the updated Comprehensive Plan and resolution. The motion was seconded by Council Member Hart. The motion was approved on roll call. On roll call vote, voting yes: Coleman, Hart, Hill, Moore, Parham and Myers; Absent: Wilson-Smith 15-R-46 A RESOLUTION ADOPTING THE CITY OF PETERSBURG, VIRGINIA UPDATED COMPREHENSIVE PLAN 2014. Council Member Hart stated that he only had one item. He stated that this is a reminder that there will be a Ward 7 meeting on Tuesday, September 22, 2015, at J.E.B. Stuart Elementary School, beginning at 6:00pm. He stated that he invites all to come out to this meeting. Council Member Coleman stated that he would like to thank the council members and elected officials that came out to the home going services for Mr. Herbert Colton. He stated that Mr. Colton was a civil right icon in the City of Petersburg. He stated that his church would like to thank everyone for coming  Minutes from the Petersburg City Council meeting held on: September 15, 2015 -7 – ______________________________________________________________________________ out and recognizing a hero that has been laid to rest. Mayor Myers stated that he concurs and he thanks Council Member Coleman. He stated that it was a delight to be in attendance and an honor for passing of Mr. Colton. He stated that he would like to say on behalf of the City of Petersburg that they are very touched of the loss of Moses Malone. He stated that he is one of the City’s hometown heroes. He stated that they greatly appreciate all the things that he has done to support the City of Petersburg over the many years. Vice Mayor Parham stated that he would like to let everyone know that on Monday September 28th will be the next Ward 3 Joint Meeting with school board chairman, Kenneth Pritchett. He stated that he is going to be building on what they have done tonight and bring the new Economic Director, Landis Faulcon, who will be talking about the plan that she has in building on the City’s economic in the City of Petersburg. He stated that Kenneth Pritchett will be bringing in B. Washington, who is the Title One Parent Coordinator. He stated that the meeting will take place at the new Dogwood Trace Golf Course Clubhouse. He stated that it will be Monday, September 28, 2015, at 6:00pm. Council Member Hill stated that he has a couple of items. He stated he would like to thank Brian Little along with Good Shepherd Baptist Church for the Jazz Festival. He stated that it was a great turnout. He stated that it was almost 4,000 people. He stated that everyone had a great time. He stated that he will be having a Town Hall Meeting on September 24th, beginning at 6:30pm at Good Shepherd Baptist Church. He stated that he will have a few City officials present at his meeting with reports on the City. He stated that he will be having another one on October 27th, beginning at 6:30pm at Monumental Baptist Church as well. He stated that he want to give his condolences as well to the Herbert Colton Family and the Malone Family as well. He stated that he would like to thank the President of Virginia State University for the tour of the new facility. He stated that he thinks that it is going to bring great revenue to the City of Petersburg as well. He stated that this is why they supported the naming of University Boulevard. He stated that this is a step in the right direction. He stated that they will have different events and concerts at the new facility. He stated thanks to the Council Members that were able to attend as well. 10. CITY MANAGER’S AGENDA: a. City Manager’s report 1. Please address the sale of 530-532 Fleet Street and 538 Fleet Street regarding the sale price. (A) The City Manager will follow up to this inquiry during the October 6, City Council Meeting. 2. The City needs to do a better job of filling the potholes because some are poorly done, and the City needs to step up and take more pride in the City. Supervision needs to be taken more seriously over City workers. (A) The City has two employees dedicated to patching potholes four days a week on average and they patch an average of 20 pot holes each day. This would average to about 2,800 potholes since January 2015. We generally do the pothole blitz in winter months after wet and cold conditions. As for the quality of the patches, we use 9.5 A asphalt that all other localities use. Also, we are dedicated to quality service that our employees provide and continuing to work with our employees. 3. People are taking over my property located at 601 Taylor Street. (A) The police department physically visited Thelma Branch’s home and has followed up with her to address her concerns. 11. CLERK OF CITY COUNCIL'S AGENDA: No items for this portion of the agenda.  Minutes from the Petersburg City Council meeting held on: September 15, 2015 -8 – ______________________________________________________________________________ 12. CITY ATTORNEY’S AGENDA: No items for this portion of the agenda. 13. CLOSED SESSION (IF NECESSARY): No closed is necessary. 14. ADJOURNMENT: City Council adjourned at 7:33 p.m. _________________________ Clerk of City Council APPROVED: _________________________ Mayor