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City Council Meeting Agendas

Regular Meeting

Suffolk, VA · August 19, 2009

AgendaMinutes

Minutes

City Council Regular Meeting August 19, 2009 Regular Meeting of the Suffolk City Council was held in the City Council Chamber on Wednesday, August 19, 2009, at 7:00 p.m. PRESENT Council Members – Linda T. Johnson, Mayor, presiding Curtis R. Milteer, Sr., Vice Mayor Robert C. Barclay IV Joseph H. Barlow Leroy Bennett Charles F. Brown Jeffrey L. Gardy Charles D. Parr, Sr. Selena Cuffee-Glenn, City Manager C. Edward Roettger, Jr., City Attorney Erika S. Dawley, City Clerk ABSENT None CALL TO ORDER/INVOCATION/PLEDGE OF ALLEGIANCE Mayor Johnson called the meeting to order, and Vice Mayor Milteer provided the Invocation and the Pledge of Allegiance to the Flag. FREEDOM OF INFORMATION ACT CERTIFICATION City Clerk Dawley presented a resolution certifying the Closed Meeting of August 19, 2009, pursuant to Section 2.2-3712 of the Code of Virginia (1950), as amended. Council Member Parr, on a motion seconded by Council Member Gardy, moved that the resolution be adopted, as presented, by the following roll call vote: AYES: Council Members Barclay, Barlow, Bennett, Brown, Gardy, Parr, Milteer and Johnson 8 NAYS: None 0 A RESOLUTION OF CERTIFICATION OF THE CLOSED MEETING OF AUGUST 19, 2009, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting August 19, 2009 APPROVAL OF THE MINUTES Council Member Gardy, on a motion seconded by Council Member Parr, moved to approve the minutes from the June 3, 2009, June 17, 2009 and July 1, 2009 Work Sessions and Regular Meetings, as presented, by the following roll call vote: AYES: Council Members Barclay, Barlow, Bennett, Brown, Gardy, Parr, Milteer and Johnson 8 NAYS: None 0 SPECIAL PRESENTATIONS There were no items under this portion of the agenda. REMOVAL OF ITEMS FROM THE CONSENT AGENDA AND ADOPTION OF THE AGENDA Mayor Johnson asked if any members of City Council wished to remove any items from the Consent Agenda for separate action. Council Member Brown called for reports on Consent Agenda Item #7, #8, #10 and #14 - a resolution of support for the designation of the Blackwater River as a State Scenic River; a resolution requesting the Suffolk Redevelopment and Housing Authority to partner with the City in the administration of the City’s Affordable Dwelling Unit Ordinance; a resolution requesting the Suffolk Redevelopment and Housing Authority to partner with the City of Suffolk and enter into a cooperation agreement to participate in the Foreclosure Mitigation and Neighborhood Stabilization Grant Program for the conservation and revitalization of the city’s neighborhoods and communities; and a resolution to accept and appropriate Fiscal Year 2009 American Recovery and Reinvestment Act Edward Byrne Memorial Justice Assistance Grant (JAG) funds from the United States Department of Justice. Hearing no requests to remove any items for a separate action, Mayor Johnson advised that a motion was in order to adopt the agenda in its entirety. Council Member Gardy, on a motion seconded by Council Member Parr, moved to approve the agenda in its entirety as presented, by the following roll call vote: AYES: Council Members Barclay, Barlow, Bennett, Brown, Gardy, Parr, Milteer and Johnson 8 NAYS: None 0 AGENDA SPEAKERS Andy Damiani, 701 Dumville Avenue, representing self, opined about the following item: a resolution authorizing the City Manager to execute the Norfolk-Western Tidewater Water Authority Raw Water Sales Agreement 2 City Council Regular Meeting August 19, 2009 CONSENT AGENDA City Clerk Dawley presented the following Consent Agenda items for City Council’s consideration: Consent Agenda Item #7 - A RESOLUTION OF SUPPORT FOR THE DESIGNATION OF THE BLACKWATER RIVER AS A STATE SCENIC RIVER Consent Agenda Item #8 - A RESOLUTION REQUESTING THE SUFFOLK REDEVELOPMENT AND HOUSING AUTHORITY TO PARTNER WITH THE CITY IN THE ADMINISTRATION OF THE CITY’S AFFORDABLE DWELLING UNIT ORDINANCE Consent Agenda Item #9 - A RESOLUTION TO INITIATE AMENDMENTS TO THE UNIFIED DEVELOPMENT ORDINANCE REGARDING THE AFFORDABLE DWELLING UNIT ORDINANCE Consent Agenda Item #10 - A RESOLUTION REQUESTING THE SUFFOLK REDEVELOPMENT AND HOUSING AUTHORITY TO PARTNER WITH THE CITY OF SUFFOLK AND ENTER INTO A COOPERATION AGREEMENT TO PARTICIPATE IN THE FORECLOSURE MITIGATION AND NEIGHBORHOOD STABILIZATION GRANT PROGRAM FOR THE CONSERVATION AND REVITALIZATION OF THE CITY’S NEIGHBORHOODS AND COMMUNITIES Consent Agenda Item #11 - A RESOLUTION TO ACCEPT AND APPROPRIATE FUNDS FROM THE VIRGINIA OFFICE OF EMERGENCY MEDICAL SERVICES’ RESCUE SQUAD ASSISTANCE FUND (RSAF) FOR THE SUFFOLK DEPARTMENT OF FIRE AND RESCUE Consent Agenda Item #12 – A RESOLUTION TO ACCEPT AND APPROPRIATE FUNDS FROM THE DEPARTMENT OF HOMELAND SECURITY, STATE HOMELAND SECURITY PROGRAM (SHSP), FOR THE SUFFOLK DEPARTMENT OF FIRE AND RESCUE Consent Agenda Item #13 - A RESOLUTION TO ACCEPT AND APPROPRIATE SCHOOL RESOURCE OFFICER (SRO) GRANT FUNDS FROM THE VIRGINIA DEPARTMENT OF CRIMINAL JUSTICE SERVICES Consent Agenda Item #14 - A RESOLUTION TO ACCEPT AND APPROPRIATE FISCAL YEAR 2009 AMERICAN RECOVERY AND REINVESTMENT ACT EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) FUNDS FROM THE UNITED STATES DEPARTMENT OF JUSTICE Consent Agenda Item #15 - A RESOLUTION TO ACCEPT AND APPROPRIATE A LOCAL GOVERNMENT CHALLENGE GRANT AWARD FROM THE VIRGINIA COMMISSION FOR THE ARTS Consent Agenda Item #16 - A RESOLUTION TO ACCEPT AND APPROPRIATE FUNDS FROM THE COMMONWEALTH OF VIRGINIA DEPARTMENT OF AVIATION FOR THE SUFFOLK EXECUTIVE AIRPORT STORMWATER POLLUTION PREVENTION PLAN UPDATE 3 City Council Regular Meeting August 19, 2009 Consent Agenda Item #17 - A RESOLUTION TO ACCEPT AND APPROPRIATE FUNDS FROM THE COMMONWEALTH OF VIRGINIA DEPARTMENT OF AVIATION FOR QUARTERLY INSPECTIONS AND MINOR REPAIRS OF THE AUTOMATED WEATHER OBSERVATION SYSTEM (AWOS) AT THE SUFFOLK EXECUTIVE AIRPORT Consent Agenda Item #18 - A RESOLUTION TO ACCEPT AND APPROPRIATE FUNDS FROM THE COMMONWEALTH OF VIRGINIA DEPARTMENT OF AVIATION FOR MAINTENANCE ACTIVITIES AT THE SUFFOLK EXECUTIVE AIRPORT Consent Agenda Item #19 - A RESOLUTION EXPRESSING CONCERN WITH THE PROPOSED STORMWATER MANAGEMENT REGULATIONS 4VAC50-60 Consent Agenda Item #20 - AN ORDINANCE AMENDING CITY CODE SECTION 2-558 FREEDOM OF INFORMATION ACT OFFICER, TO REFLECT THE CREATION OF THE DEPARTMENT OF MEDIA AND COMMUNITY RELATIONS Consent Agenda Item #21 - AN ORDINANCE AMENDING CITY CODE SECTION 2-95 OF THE CODE OF THE CITY OF SUFFOLK TO PROVIDE FOR GENERAL ANNOUNCEMENTS AND COMMENTS AT THE COUNCIL MEETINGS Referring to Consent Agenda Item #7, Planning and Community Development Director D. Scott Mills outlined the background information as printed in the official agenda. Referring to Consent Agenda Item #8, Planning and Community Development Director Mills provided a report on the background information as printed in the official agenda. Referring to Consent Agenda Item #10, Planning and Community Development Director Mills submitted a review of the background information as printed in the official agenda. Referring to Consent Agenda Item #14, Budget Officer Anne Seward gave a summary of the background information as printed in the official agenda. Council Member Gardy, on a motion seconded by Council Member Parr, moved to approve the above listed Consent Agenda items, as presented, by the following roll call vote: AYES: Council Members Barclay, Barlow, Bennett, Brown, Gardy, Parr, Milteer and Johnson 8 NAYS: None 0 PUBLIC HEARINGS Public Hearing - An ordinance amending Chapter 26, entitled Elections, of the Code of the City of Suffolk, so as to provide a new central absentee precinct Utilizing a PowerPoint presentation, Capital Programs and Buildings Director Gerry Jones provided a synopsis of the background information as printed in the official agenda. Hearing no speakers, the public hearing was closed. 4 City Council Regular Meeting August 19, 2009 Council Member Gardy, on a motion seconded by Council Member Parr, moved to approve the ordinance, as presented, by the following roll call vote: AYES: Council Members Barclay, Barlow, Bennett, Brown, Gardy, Parr, Milteer and Johnson 8 NAYS: None 0 AN ORDINANCE AMENDING CHAPTER 26, ENTITLED ELECTIONS, OF THE CODE OF THE CITY OF SUFFOLK, SO AS TO PROVIDE A NEW CENTRAL ABSENTEE PRECINCT Public Hearing - A resolution authorizing the acquisition of a permanent drainage easement by condemnation or other means for the construction of drainage improvements to Division Street and Lloyd Street and to authorize the filing of a Certificate of Take Utilizing a PowerPoint presentation, Public Works Director Eric Nielsen outlined the background information as printed in the official agenda. Hearing no speakers, the public hearing was closed. Council Member Bennett, on a motion seconded by Council Member Gardy, moved to approve the resolution, as presented, by the following roll call vote: AYES: Council Members Barclay, Barlow, Bennett, Brown, Gardy, Parr, Milteer and Johnson 8 NAYS: None 0 A RESOLUTION AUTHORIZING THE ACQUISITION OF A PERMANENT DRAINAGE EASEMENT BY CONDEMNATION OR OTHER MEANS FOR THE CONSTRUCTION OF DRAINAGE IMPROVEMENTS TO DIVISION STREET AND LLOYD STREET AND TO AUTHORIZE THE FILING OF A CERTIFICATE OF TAKE Public Hearing - An ordinance granting a Conditional Use Permit Request C05-09, submitted by Tami Harrison of World Class Gymnastics, applicant, on behalf of Northgate Commons LLC, property owner, for an indoor amusement center in accordance with Section 31-306 and 31-406 of the Unified Development Ordinance Utilizing a PowerPoint presentation, Planning and Community Development Director Mills gave an overview of the background information as printed in the official agenda. Tami Harrison, World Class Gymnastics, applicant, no address given, spoke in support of the ordinance as presented. Hearing no other speakers, the public hearing was closed. 5 City Council Regular Meeting August 19, 2009 Council Member Barclay, on a motion seconded by Council Member Brown, moved to approve the ordinance, as presented, with conditions, by the following roll call vote: AYES: Council Members Barclay, Barlow, Bennett, Brown, Gardy, Parr, Milteer and Johnson 8 NAYS: None 0 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR THE OPERATION OF AN INDOOR AMUSEMENT CENTER TAX MAP NUMBER 20 PARCEL 22B*1 C05-09 Public Hearing - An ordinance granting a Rezoning Request RZ14B-03 (Conditional) Amendment, submitted by C. J. Bodnar of Hoggard-Eure Associates, P.C. on behalf of Bennett’s Creek Square, Inc., property owner, to amend the approved proffers for the multi-family portion of the project (The Vineyards), removing the age restriction and adding a cash proffer for middle school and high school capacity Utilizing a PowerPoint presentation, Planning and Community Development Director Mills offered a summary of the background information as printed in the official agenda. George Phelps, 1492 South Independence Boulevard, Virginia Beach, Virginia, representing Napolitano Homes, spoke in support of the ordinance as presented. Hearing no additional speakers, the public hearing was closed. Vice Mayor Milteer, on a motion seconded by Council Member Brown, moved to approve the ordinance, as presented, with conditions. Referring to the presentation, Council Member Parr asked about the location of a regional pump station near the property under consideration. Planning and Community Development Director Mills stated that there is a regional pump station under construction near the area under consideration, but is not complete yet. Referring to the presentation, Council Member Parr called for information about the value of the regional pump station. Planning and Community Development Director Mills said that the regional pump station has a value of about $2,500,000. Referring to the presentation, Council Member Parr sought clarification about the inclusion of a proffer regarding the regional pump station in the original rezoning request for the property under consideration. Planning and Community Development Director Mills replied that the regional pump station was included among the conditions of the applicant’s original rezoning request. Referring to the presentation, Mayor Johnson queried about the parties funding the regional pump station. Public Utilities Director Albert Moor advised that the regional pump station is being funded through a cost share agreement between the four property owners in the area. 6 City Council Regular Meeting August 19, 2009 Referring to the presentation, Council Member Bennett inquired about the adequacy of the conditions that relate to the applicant’s monetary contribution to advance the capacity of the middle school and high school in the area. Planning and Community Development Director Mills stated that the proposed monetary contribution was calculated using a formula based on the cost per pupil; therefore, the amount will be adequate to advance the capacity of the middle school and the high school in the area. Vice Mayor Milteer, on a motion seconded by Council Member Brown, moved to approve the ordinance, as presented, with conditions, by the following roll call vote: AYES: Council Members Barclay, Barlow, Bennett, Brown, Gardy, Parr, Milteer and Johnson 8 NAYS: None 0 AN ORDINANCE TO REZONE AND AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SUFFOLK FOR PROPERTY LOCATED ON THE EAST SIDE OF SHOULDERS HILL ROAD, TAX MAP 12, PARCELS 56A, 56C, AND 57 RZ14B-03 (CONDITIONAL) Public Hearing - An ordinance granting a Rezoning Request RZ21A-94 (Conditional), Hillpoint Farms Parcel S-3, submitted by Scott Overton, of Fairways Crossing, LLC, property owner, to amend the Hillpoint Farms Master Land Use Plan to change the foundation requirement to allow 18-inch raised slabs or a crawl space for all new dwelling units Utilizing a PowerPoint presentation, Planning and Community Development Director Mills furnished a report on the background information as printed in the official agenda. Scott Overton, 5850 Harborview Boulevard, Suite 300, representing Fairway Crossing, LLC, property owner, spoke in support of the ordinance as presented. Hearing no other speakers, the public hearing was closed. Council Member Gardy, on a motion seconded by Council Member Parr, moved to approve the ordinance, as presented, by the following roll vote: AYES: Council Members Barclay, Barlow, Bennett, Brown, Gardy, Parr, Milteer and Johnson 8 NAYS: None 0 AN ORDINANCE TO REZONE AND AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SUFFOLK, FOR PROPERTY LOCATED AT HILLPOINT FARMS PLANNED DEVELOPMENT, FAIRWAY CROSSING SUBDIVISION (PARCEL S-3), TAX MAP 26F PARCELS FC*39, 41, AND 43 THROUGH 53, RZ21A-94 (CONDITIONAL) Public Hearing - An ordinance granting a Rezoning Request RZ9A-06 (Conditional), Nansemond River Estates, Phase 9, submitted by Vincent A. Napolitano of Broad Bay Associates, LLC, and Star Creek, LLC, property owners, to amend the approved proffers allowing development of 34 single family lots with a cash proffer for high school construction and the installation of traffic improvements within 180 days of subdivision plat recordation 7 City Council Regular Meeting August 19, 2009 Utilizing a PowerPoint presentation, Planning and Community Development Director Mills outlined the background information as printed in the official agenda. George Phelps, 1492 South Independence Boulevard, Virginia Beach, representing Vincent A. Napolitano of Broad Bay Associates, LLC, and Star Creek, LLC, property owners, spoke in support of the ordinance as presented. Referring to the presentation, Council Member Gardy asked about the revised condition submitted by the applicants in which the applicants are agreeing to pay for and install a traffic signal and right turn lane at the intersection of Sleepy Hole Road and Nansemond Parkway within 180 days of the recordation of the final subdivision plat. Planning and Community Development Director Mills indicated that the revised condition did not cause any concerns from the view of City staff. Hearing no additional speakers, the public hearing was closed. Referring to the presentation, Council Member Bennett opined about a housing development on Sleepy Hole Road and Nansemond Parkway and any requirements for the developer of this project to pay for and install a traffic signal. Planning and Community Development Director Mills explained that parcel was being developed by right, unlike the property under consideration in the proposed ordinance. He added that in that instance, no conditions can be enforced such as requiring the developer to pay for and install a traffic signal. Council Member Bennett, on a motion seconded by Council Member Gardy, moved to approve the ordinance, as presented, by the following roll vote: AYES: Council Members Barclay, Barlow, Bennett, Brown, Gardy, Parr, Milteer and Johnson 8 NAYS: None 0 AN ORDINANCE TO REZONE AND AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SUFFOLK, FOR PROPERTY LOCATED ON SLEEPY HOLE ROAD, TAX MAP 19, PARCELS 78A AND A PORTION OF PARCELS 80, 83*82 AND 84 AND TAX MAP 19L, A PORTION OF PARCEL OS*2, RZ9A-06(CONDITIONAL) ORDINANCES Ordinance - An ordinance granting an Ordinance Text Amendment OA2-09, for additions and amendments to Chapter 31, Article 7, Supplemental Use Regulations, Section 31-714, Sign Regulations; Article 4, Zoning, Section 31-412(h)(2)(D), Special Corridor Overlay District, Limitation of Signs; and Appendix ‘A’, Definitions of the Unified Development Ordinance (This item was continued from the June 17, 2009, City Council meeting.) Utilizing a PowerPoint presentation, Planning and Community Development Director Mills provided a summary of the background information as printed in the official agenda. 8 City Council Regular Meeting August 19, 2009 Referring to the presentation, Mayor Johnson opined about the feasibility of updating the existing billboard in the City. Planning and Community Development Director Mills advised that it is his interpretation under the City’s Unified Development Ordinance, any existing billboards are grandfathered since no new billboards can be erected. He added that if an existing billboard deteriorated beyond 50% of its current size, then it cannot be replaced. Council Member Gardy, on a motion seconded by Council Member Parr, moved to approve the ordinance, as presented, by the following roll call vote: AYES: Council Members Barclay, Barlow, Bennett, Brown, Gardy, Parr, Milteer and Johnson 8 NAYS: None 0 AN ORDINANCE TO AMEND CHAPTER 31, ARTICLE 7, SUPPLEMENTAL USE REGULATIONS, SECTION 31-714, SIGN REGULATIONS; ARTICLE 4, ZONING, SECTION 31-412(H)(2)(D), SPECIAL CORRIDOR OVERLAY DISTRICT, LIMITATION OF SIGNS; AND APPENDIX ‘A’, DEFINITIONS OF THE UNIFIED DEVELOPMENT ORDINANCE RESOLUTIONS Resolution - A resolution approving the City of Suffolk application for a TIGER Discretionary Grant Utilizing a PowerPoint presentation, Public Works Director Nielsen offered an overview of the background information as printed in the official agenda. Council Member Parr, on a motion seconded by Council Member Barclay, moved to approve the resolution as presented. Referring to the presentation, Council Member Brown queried about the number of jobs that are anticipated from the proposed development projects and current businesses on the Route 58 corridor. Interim Economic Development Director Kevin Hughes advised that currently, the Target Distribution Center employs 324 persons, it is anticipated that the CenterPoint project will result in 2,000 positions, and the Westport project will create 1,000 jobs. Council Member Parr, on a motion seconded by Council Member Barclay, moved to approve the resolution as presented, by the following roll call vote: AYES: Council Members Barclay, Barlow, Bennett, Brown, Gardy, Parr, Milteer and Johnson 8 NAYS: None 0 A RESOLUTION APPROVING THE CITY OF SUFFOLK APPLICATION FOR A TIGER DISCRETIONARY GRANT Resolution - A resolution requesting that the Virginia Department of Transportation establish the Citywide Repaving Project as an Urban Highway Project Utilizing a PowerPoint presentation, Public Works Director Nielsen gave a report of the background information as printed in the official agenda. 9 City Council Regular Meeting August 19, 2009 Council Member Parr, on a motion seconded by Council Member Barclay, moved to approve the resolution, as presented, by the following roll call vote: AYES: Council Members Barclay, Barlow, Bennett, Brown, Gardy, Parr, Milteer and Johnson 8 NAYS: None 0 A RESOLUTION REQUESTING THAT THE VIRGINIA DEPARTMENT OF TRANSPORTATION ESTABLISH THE CITYWIDE REPAVING PROJECT AS AN URBAN HIGHWAY PROJECT Resolution - A resolution authorizing the City Manager to execute the Norfolk-Western Tidewater Water Authority Raw Water Sales Agreement Utilizing a PowerPoint presentation, Public Utilities Director Albert Moor reviewed the background information as printed in the official agenda. Referring to the presentation, Council Member Gardy queried about the feasibility of garnering approval from the Virginia Department of Environmental Quality for a deep well water source. Public Utilities Director Moor explained that it is highly unlikely that any locality could obtain the required approval from the Virginia Department of Environmental for a deep well water source. Council Member Gardy, on a motion seconded by Council Member Parr, moved to approve the resolution as presented. Mayor Johnson called for clarification of the motion specifically whether the motion is to approve the aforementioned resolution as well as the companion resolution, which is next on tonight’s agenda, a resolution authorizing the City Manager to execute the Western Tidewater Regional Water Agreement. Council Member Gardy, on a motion seconded by Council Member Parr, moved to approve the following resolutions: a resolution authorizing the City Manager to execute the Norfolk-Western Tidewater Water Authority Raw Water Sales Agreement and a resolution authorizing the City Manager to execute the Western Tidewater Regional Water Agreement. Referring to the presentation, Council Member Parr called for information on the amount of water provided from Lone Star Lakes and Crumps Mill Pond. Public Utilities Director Moor stated that those two bodies can safely yield about 1.2 million gallons per day. Referring to the presentation, Council Member Barlow opined about the upcoming water rate increases. Public Utilities Director Moor advised that there will be payments until 2014 or until the pipeline is built and can be considered a development charge. 10 City Council Regular Meeting August 19, 2009 Council Member Gardy, on a motion seconded by Council Member Parr, moved to approve the following resolutions: a resolution authorizing the City Manager to execute the Norfolk-Western Tidewater Water Authority Raw Water Sales Agreement and a resolution authorizing the City Manager to execute the Western Tidewater Regional Water Agreement, by the following roll call vote: AYES: Council Members Barclay, Barlow, Bennett, Brown, Gardy, Parr, Milteer and Johnson 8 NAYS: None 0 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE NORFOLK-WESTERN TIDEWATER WATER AUTHORITY RAW WATER SALES AGREEMENT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE WESTERN TIDEWATER REGIONAL WATER AGREEMENT Resolution - A resolution authorizing the City Manager to execute the Western Tidewater Regional Water Agreement This item was addressed concurrently with the previous item. STAFF REPORTS There were no items under this portion of the agenda. MOTIONS Motion – A motion to schedule a Work Session for September 2, 2009, at 4:00 p.m., unless canceled or called earlier by the Mayor Council Member Parr, on motion seconded by Council Member Gardy, moved to schedule a Work Session on September 2, 2009, at 4:00 p.m., unless canceled or called earlier by the Mayor, by the following roll call vote: AYES: Council Members Barclay, Barlow, Bennett, Brown, Gardy, Parr, Milteer and Johnson 8 NAYS: None 0 NON-AGENDA SPEAKERS There were no individuals registered to speak under this portion of the agenda. 11 City Council Regular Meeting August 19, 2009 NEW BUSINESS Mayor Johnson asked City Clerk Dawley if there were any New Business items for consideration. City Clerk Dawley advised that the following names have been submitted for consideration for boards and commissions appointments: Advisory Commission for Persons with Disabilities – Annette Etheridge; Airport Commission – James Metzger; Historic Landmarks Commission – Susan Coley; Library Board – Sandra Nee and Judith Stone; Parks and Recreation Advisory Board – Wayne Q. White; Suffolk Clean Community Commission – Evelyn Ledbetter; Suffolk Clean Community Commission, Keep Suffolk Beautiful Executive Board – Margaret Jones; Suffolk Redevelopment and Housing Authority Board of Commissioners – Theresa Provost; Welfare Advisory Board – Barbara Artis and Lula Holland; and Wetlands Board – Geoffrey Hinshelwood and C. Robert Johnson. Vice Mayor Milteer, on a motion seconded by Council Member Parr, moved to nominate and appoint the aforementioned individuals to the boards and commissions as outlined above, by the following roll call vote: AYES: Council Members Barclay, Barlow, Bennett, Brown, Gardy, Parr, Milteer and Johnson 8 NAYS: None 0 Mayor Johnson announced the following dates have been proposed for the Annual City Council retreat: Wednesday, September 23rd - 12 noon to 5:00 p.m.; Thursday, September 24th – 8:30 a.m.-5:00 p.m.; Friday, September 25th – 8:30 a.m. to 12 noon. She advised that a motion would be in order to schedule the retreat on the proposed dates. Council Member Parr, on a motion seconded by Council Member Barclay, moved to schedule the Annual City Council retreat: Wednesday, September 23rd - 12 noon to 5:00 p.m.; Thursday, September 24th – 8:30 a.m.-5:00 p.m.; Friday, September 25th – 8:30 a.m. to 12 noon, by the following roll call vote: AYES: Council Members Barclay, Barlow, Bennett, Brown, Gardy, Parr, Milteer and Johnson 8 NAYS: None 0 Mayor Johnson inquired about the location. City Manager Cuffee-Glenn advised the retreat may be held at the new Health and Human Services building. ANNOUNCEMENTS AND COMMENTS FROM CITY COUNCIL MEMBERS Council Member Brown called for the presentation of a resolution to the family of the late Helen Daughtrey in recognition of her service to the City. Council Member Barclay announced that the Sister Cities Commission will be hosting visitors from Oderzo, Italy. Council Member Barlow reported on a recent Virginia Municipal League Environmental Policy Committee meeting. 12 City Council Regular Meeting August 19, 2009 Council Member Barlow commended the organizers of the recent Historic Hobson Day Reunion. Council Member Barlow reported on a recent Planning Council meeting. Council Member Bennett announced that he recently attending a meeting of the Virginia Municipal League Economic Development Policy Committee meeting. Vice Mayor Milteer advised that he attended the recent Nansemond Indian Pow Wow. Vice Mayor Milteer opined about the need to commemorate the 35th anniversary of the merger of the City of Suffolk with Nansemond County. Mayor Johnson reported on the recent Summer Youth Program Luncheon. Mayor Johnson announced that the Sister Cities Commission will be hosting visitors from Oderzo, Italy. Mayor Johnson opined about an upcoming conference telephone call with Governor Timothy Kaine about hurricane preparedness and encouraged residents to ready themselves in the event of a hurricane. ANNOUNCEMENTS BY THE COMMUNICATIONS DIRECTOR There were no items under this portion of the agenda. Council Member Parr queried about the feasibility of incorporating the City’s 35th anniversary into the upcoming Taste of Suffolk Festival. City Manager Cuffee-Glenn stated that can be arranged. ADJOURNMENT Council Member Parr, on a motion seconded by Council Member Gardy, moved to adjourn, by the following roll call vote: AYES: Council Members Barclay, Barlow, Bennett, Brown, Gardy, Parr, Milteer and Johnson 8 NAYS: None 0 There being no further business to come before City Council, the regular meeting was adjourned at 8:40 p.m. Teste: ________________________________________________ Erika S. Dawley, CMC, City Clerk Approved: ____________________________________________ Linda T. Johnson, Mayor APPROVED: SEPTEMBER 16, 2009 13

Agenda

SUFFOLK CITY COUNCIL AGENDA August 19, 2009 7:00 p.m. City Council Chamber 1. Call to Order 2. Nonsectarian Invocation No City Council action required. 3. Approval of the Minutes Approved 8-0 4. Special Presentations No City Council action required. 5. Removal of Items from the Consent Agenda and Adoption of the Agenda Approved 8-0 6. Agenda Speakers No City Council action required. 7. Consent Agenda - A resolution of support for the designation of the Blackwater River as a State Scenic River Approved 8-0 8. Consent Agenda - A resolution requesting the Suffolk Redevelopment and Housing Authority to partner with the City in the Administration of the City’s Affordable Dwelling Unit Ordinance Approved 8-0 9. Consent Agenda - A resolution to initiate amendments to the Unified Development Ordinance regarding the Affordable Dwelling Unit Ordinance Approved 8-0 10. Consent Agenda - A resolution requesting the Suffolk Redevelopment and Housing Authority to partner with the City of Suffolk and enter into a Cooperation Agreement to participate in the Foreclosure Mitigation and Neighborhood Stabilization Grant Program for the conservation and revitalization of the City’s neighborhoods and communities Approved 8-0 11. Consent Agenda - A resolution to accept and appropriate funds from the Virginia Office of Emergency Medical Services’ Rescue Squad Assistance Fund (RSAF) for the Suffolk Department of Fire and Rescue Approved 8-0 12. Consent Agenda - A resolution to accept and appropriate funds from the Department of Homeland Security, State Homeland Security Program (SHSP), for the Suffolk Department of Fire and Rescue Approved 8-0 13. Consent Agenda - A resolution to accept and appropriate School Resource Officer (SRO) grant funds from the Virginia Department of Criminal Justice Services Approved 8-0 14. Consent Agenda - A resolution to accept and appropriate Fiscal Year 2009 American Recovery and Reinvestment Act Edward Byrne Memorial Justice Assistance Grant (JAG) funds from the United States Department of Justice Approved 8-0 15. Consent Agenda - A resolution to accept and appropriate a Local Government Challenge Grant award from the Virginia Commission for the Arts Approved 8-0 16. Consent Agenda - A resolution to accept and appropriate funds from the Commonwealth of Virginia Department of Aviation for the Suffolk Executive Airport Stormwater Pollution Prevention Plan Update Approved 8-0 17. Consent Agenda - A resolution to accept and appropriate funds from the Commonwealth of Virginia Department of Aviation for quarterly inspections and minor repairs of the Automated Weather Observation System (AWOS) at the Suffolk Executive Airport Approved 8-0 18. Consent Agenda - A resolution to accept and appropriate funds from the Commonwealth of Virginia Department of Aviation for maintenance activities at the Suffolk Executive Airport Approved 8-0 19. Consent Agenda - A resolution expressing concern with the proposed stormwater management regulations 4VAC50-60 Approved 8-0 20. Consent Agenda - An ordinance amending City Code Section 2-558 Freedom of Information Act Officer, to reflect the creation of the Department of Media and Community Relations Approved 8-0 2 21. Consent Agenda - An ordinance amending City Code Section 2-95 of the Code of the City of Suffolk to provide for general announcements and comments at the Council meetings Approved 8-0 22. Public Hearing - An ordinance amending Chapter 26, entitled Elections, of the Code of the City of Suffolk, so as to provide a new central absentee precinct Approved 8-0 23. Public Hearing - A resolution authorizing the acquisition of a permanent drainage easement by condemnation or other means for the construction of drainage improvements to Division Street and Lloyd Street and to authorize the filing of a Certificate of Take Approved 8-0 24. Public Hearing - An ordinance granting a Conditional Use Permit Request C05-09, submitted by Tami Harrison of World Class Gymnastics, applicant, on behalf of Northgate Commons LLC, property owner, for an indoor amusement center in accordance with Section 31-306 and 31-406 of the Unified Development Ordinance Approved 8-0 25. Public Hearing - An ordinance granting a Rezoning Request RZ-14B-03 (Conditional) Amendment, submitted by C. J. Bodnar of Hoggard-Eure Associates, P.C. on behalf of Bennett’s Creek Square, Inc., property owner, to amend the approved proffers for the multi-family portion of the project (The Vineyards), removing the age restriction and adding a cash proffer for middle school and high school capacity Approved 8-0 26. Public Hearing - An ordinance granting a Rezoning Request RZ21A-94 (Conditional), Hillpoint Farms Parcel S-3, submitted by Scott Overton, of Fairways Crossing, LLC, property owner, to amend the Hillpoint Farms Master Land Use Plan to change the foundation requirement to allow 18-inch raised slabs or a crawl space for all new dwelling units Approved 8-0 27. Public Hearing - An ordinance granting a Rezoning Request RZ9A-06 (Conditional), Nansemond River Estates, Phase 9, submitted by Vincent A. Napolitano of Broad Bay Associates, LLC, and Star Creek, LLC, property owners, to amend the approved proffers allowing development of 34 single family lots with a cash proffer for high school construction and the installation of traffic improvements within 180 days of subdivision plat recordation Approved 8-0 3 28. Ordinance - An ordinance granting an Ordinance Text Amendment OA2-09, for additions and amendments to Chapter 31, Article 7, Supplemental Use Regulations, Section 31-714, Sign Regulations; Article 4, Zoning, Section 31-412(h)(2)(D), Special Corridor Overlay District, Limitation of Signs; and Appendix ‘A’, Definitions of the Unified Development Ordinance (This item was continued from the June 17, 2009, City Council meeting.) Approved 8-0 29. Resolution - A resolution approving the City of Suffolk application for a TIGER Discretionary Grant Approved 8-0 30. Resolution - A resolution requesting that the Virginia Department of Transportation establish the Citywide Repaving Project as an Urban Highway Project Approved 8-0 31. Resolution - A resolution authorizing the City Manager to execute the Norfolk-Western Tidewater Water Authority Raw Water Sales Agreement Approved 8-0 32. Resolution - A resolution authorizing the City Manager to execute the Western Tidewater Regional Water Agreement Approved 8-0 33. Staff Reports No City Council action required. 34. Motion - A motion to schedule a Work Session for September 2, 2009, at 4:00 p.m., unless canceled or called earlier by the Mayor Approved 8-0 35. Non-Agenda Speakers No City Council action required. 36. New Business A motion to nominate and appoint the following individuals to the respective boards and commissions was approved 8-0: Advisory Commission for Persons with Disabilities – Annette Etheridge Airport Commission – James Metzger 4 Historic Landmarks Commission – Susan Coley Library Board – Sandra Nee and Judith Stone Parks and Recreation Advisory Board – Wayne Q. White Suffolk Clean Community Commission – Evelyn Ledbetter Suffolk Clean Community Commission, Keep Suffolk Beautiful Executive Board – Margaret Jones Suffolk Redevelopment and Housing Authority – Theresa Provost Welfare Advisory Board – Barbara Artis and Lula Holland Wetlands Board – Geoffrey Hinshelwood and C. Robert Johnson A motion to schedule the Annual City Council retreat for September 23-25, 2009 was approved 8-0. 37. Announcements and Comments from City Council Members No City Council action required. 38. Announcements by the Communications Director No City Council action required. 39. Adjournment Approved 8-0 5

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