City Council Meeting Agendas

City Council Regular Meeting January 20, 2010 Regular Meeting of the Suffolk City Council was held in the City Council Chamber on Wednesday, January 20, 2010, 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 January 20, 2010, pursuant to Section 2.2-3712 of the Code of Virginia (1950), as amended. Vice Mayor Milteer, 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 JANUARY 20, 2010, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting January 20, 2010 APPROVAL OF THE MINUTES Council Member Parr, on a motion seconded by Council Member Gardy, moved to approve the minutes from the December 16, 2009, Work Session and Regular Meeting, 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 Special Presentation - Presentation by the Colonial Coast Girl Scout Council Heather Kinsey, Troop Leader 540 and Aimee Downie, co-leader, and members of Troop 540 gave a report on its annual cookie sale and various troop activities. 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. Hearing none, she advised City Council that there was a request to amend the agenda to receive the Staff Report - Update regarding unsolicited proposals for the Obici House - prior to the Consent Agenda. She added that a motion would be appropriate at this time to address this matter and to adopt the remainder of the agenda in its entirety was approved. Council Member Gardy, on a motion seconded by Vice Mayor Milteer, moved to amend the request to amend the agenda to receive the Staff Report - Update regarding unsolicited proposals for the Obici House - prior to the Consent Agenda and to approve the remainder of 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 The following individuals spoke on Item #19 - Staff Report – Update regarding unsolicited proposals for the Obici House. Sonja Ingram, 767 Main Street, Danville, Virginia, representing Preservation Virginia. Jolene Dalzell, 500 Washington Avenue, Haddonfield, New Jersey, representing self. Randolph Hicks, 512 Butler Avenue, representing the Historic Landmarks Commission. Mary Jane Naismith, 4949 Exeter Drive, representing self. 2 City Council Regular Meeting January 20, 2010 STAFF REPORT Staff Report - Update regarding unsolicited proposals for the Obici House (The agenda was amended to receive this item prior to the Consent Agenda.) Utilizing a PowerPoint presentation, Deputy City Manager Patrick Roberts submitted an update on the above referenced item. Referring to the presentation, Council Member Barclay sought additional information about Mr. Rountree’s ability to finance the renovation of the Obici House. Deputy City Manager Roberts explained that during the procurement process for the leasing of the Sleepy Hole Golf Course, Mr. Rountree demonstrated that his financial situation is stable; therefore, it is the estimation of City Administration that he will be able to meet the financial requirements to fund the renovation of the Obici House. Referring to the presentation, Mayor Johnson called for clarification about the location of the Obici House as it relates to its proposed renovation as submitted by James Rountree, LLC. Deputy City Manager Roberts indicated that Mr. Rountree has proposed to renovate the Obici House in its current location. Council Member Gardy, on a motion seconded by Council Member Parr, moved to incorporate the Obici House into the City’s lease with James Rountree, LLC for the Sleepy Hole Golf Course. Referring to the presentation, Mayor Johnson queried about the next steps as it relates to accepting the new proposal from James Rountree, LLC for the renovation of the Obici House. City Attorney Roettger replied that he could prepare an ordinance for City Council’s consideration under the New Business portion of tonight’s proceedings that would amend the ordinance awarding the lease of the Sleepy Hole Golf Course so as to include the disposition of the Obici House and the Carriage House in the lessee’s project. Council Member Gardy, on a motion seconded by Council Member Parr, moved to incorporate the Obici House into the City’s lease with James Rountree, LLC for the Sleepy Hole Golf Course, by the following roll call vote: AYES: Council Members Barclay, Barlow, Bennett, Brown, Gardy, Parr, Milteer and Johnson 8 NAYS: None 0 CONSENT AGENDA Consent Agenda Item #7 - A RESOLUTION TO ACCEPT AND APPROPRIATE FUNDS FROM THE MILK BONE CANINE HEROES PROGRAM AND FARM FRESH SUPERMARKETS TOWARD THE PURCHASE OF A K-9 DOG FOR THE SUFFOLK POLICE DEPARTMENT Consent Agenda Item #8 - A RESOLUTION TO ACCEPT AND APPROPRIATE AMERICAN RECOVERY AND REINVESTMENT ACT FUNDS FROM OPPORTUNITY INCORPORATED OF HAMPTON ROADS FOR THE EXTENSION OF THE CITY OF SUFFOLK’S 2009 SUMMER YOUTH WORK EXPERIENCE PROGRAM 3 City Council Regular Meeting January 20, 2010 Consent Agenda Item #9 - A RESOLUTION AUTHORIZING THE CITY MANAGER OF THE CITY OF SUFFOLK TO MAKE A REQUEST TO THE VIRGINIA DEPARTMENT OF TRANSPORTATION FOR ADDITIONS TO THE URBAN HIGHWAY SYSTEM IN SUFFOLK AS AUTHORIZED BY THE CITY OF SUFFOLK RESOLUTION NUMBER 07-R-009 Council Member Brown asked for a summary of Consent Agenda Item #8 - a resolution to accept and appropriate American Recovery and Reinvestment Act funds from Opportunity Incorporated of Hampton Roads for the extension of the City of Suffolk’s 2009 Summer Youth Work Experience Program. Referring to Consent Agenda Item #8, Parks and Recreation Director Lakita Frazier submitted a review of the background information as printed in the official agenda. Referring to Consent Agenda Item #8, Council Member Brown called for an update about the types of positions that were funded through this program. Parks and Recreation Director Frazier replied that positions have been funded in the Office of the City Manager, Parks and Recreation Department, Public Utilities Department, and Social Services Department. She added that the students participating in the program have been learning interview techniques as well as other skill sets. Council Member Parr, on a motion seconded by Vice Mayor Milteer, 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 to consider proposed street name and address changes for Townpoint Road and College Drive Planning and Community Development Director D. Scott Mills provided an overview of the background information as printed in the official agenda. Tuck Bowie, 525 South Independence Boulevard, Virginia Beach, Virginia, representing Terry Peterson Investment, spoke in support of the ordinance as presented. Eric Porter, 6261 Townpoint Road, representing self, asked about the responsibility of ditch cleaning in his area. Mayor Johnson explained that the public hearing was being held for the purpose of receiving public comment on the proposed street name and address changes for Townpoint Road. She added that City Administration would be glad to assist him with his inquiry. Hearing no other speakers, the public hearing was closed. 4 City Council Regular Meeting January 20, 2010 Vice Mayor Milteer, on a motion seconded by Council Member Parr, moved to approve 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 THE STREET IDENTIFICATION SYSTEM FOR PORTIONS OF STREETS IDENTIFIED AS TOWNPOINT ROAD AND COLLEGE DRIVE Public Hearing - An ordinance granting a Rezoning Request RZ14C-03 (Conditional) Amendment, submitted by C. J. Bodnar of Hoggard-Eure Associates, P.C. on behalf of Bennett’s Creek Square, Incorporated, and Shoulder Hill Road Associates, LLC, property owners, to modify residential lot 1, Phase 2 and transfer a portion of the property to Parcel C in the commercial portion of the project Utilizing a PowerPoint presentation, Planning and Community Development Director Mills outlined the background information as printed in the official agenda. Charles Bodnar, 901 Port Center Parkway, Portsmouth, Virginia, Hoggard-Eure Associates, representing Bennett’s Creek Square, Incorporated, and Shoulders Hill Road Associates, LLC, property owners, 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 that the ordinance be approved, 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 REZONE AND AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SUFFOLK AS TO THOSE PROPERTIES DESIGNATED AS TAX MAP NUMBER 12, PARCEL 57, AND TAX MAP NUMBER 12V, PARCEL C, RZ14C-03 (CONDITIONAL) Public Hearing - An ordinance granting an amendment to Rezoning Request RZ04A-06, to permit TowneBank to amend the Mixed Use Development – Design Guidelines for signage and to replace such sign requirements with the B2, General Commercial District sign requirements Council Member Barclay stated that he would disqualify himself from participating in any transactions regarding Rezoning Request RZ04A-06 due to his firm’s representation of a business that may realize a reasonably foreseeable benefit as a result of the above referenced transaction. Utilizing a PowerPoint presentation, Planning and Community Development Director Mills gave a report on the background information as printed in the official agenda. W. David France, 501 Independence Parkway, Chesapeake, Virginia, Kimley-Horn and Associates, representing TowneBank, spoke in support of the ordinance as presented. 5 City Council Regular Meeting January 20, 2010 Keith Horton, 5064 Bay Circle, representing TowneBank, spoke in support of the ordinance as presented. Hearing no other speakers, the public hearing was closed. Council Member Parr, on a motion seconded by Council Member Gardy, moved to approve the ordinance, with conditions, as presented, by the following roll call vote: AYES: Council Members Barlow, Bennett, Brown, Gardy, Parr, Milteer and Johnson 7 NAYS: None 0 ABSTAIN: Council Member Barclay 1 AN ORDINANCE TO REZONE AND AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SUFFOLK, TO AMEND THE MUD, MIXED USE DEVELOPMENT OVERLAY DISTRICT (MUD) DESIGN GUIDELINES – SIGNAGE AS TO TAX MAP NUMBER 6, PARCELS 3C-1, AND 3C-2, HARBOUR VIEW BUSINESS PARK SOUTH, RZ04A-06 (CONDITIONAL) Public Hearing - An ordinance granting a Rezoning Request RZ05-09 (Conditional), submitted by Charles R. Birdsong, Board of Trustees, applicant, on behalf of Nansemond-Suffolk Academy, property owner, for a change in zoning from A, Agricultural Zoning District to O/I, Office-Institutional Zoning District (Conditional) Council Member Barclay stated that he would disqualify himself from participating in any transactions regarding Rezoning Request RZ05-09 due to his firm’s representation of a business that may realize a reasonably foreseeable benefit as a result of the above referenced transaction. Utilizing a PowerPoint presentation, Planning and Community Development Director Mills offered a summation of the background information as printed in the official agenda. Whitney Saunders, 705 West Washington Street, Saunders and Ojeda, P.C., representing Charles R. Birdsong, Board of Trustees, applicant, on behalf of Nansemond-Suffolk Academy, property owner, spoke in support of the ordinance as presented. Dean Vincent, no address given, representing Nansemond-Suffolk Academy, spoke in support of the ordinance as presented. Hearing no other speakers, the public hearing was closed. Council Member Parr, on a motion seconded by Council Member Gardy, moved to approve the ordinance, with conditions, as presented, by the following roll call vote: AYES: Council Members Barlow, Bennett, Brown, Gardy, Parr, Milteer and Johnson 7 NAYS: None 0 ABSTAIN: Council Member Barclay 1 6 City Council Regular Meeting January 20, 2010 AN ORDINANCE TO REZONE AND AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SUFFOLK AS TO PROPERTY DESIGNATED AS TAX MAP NUMBER 25, PARCEL 58E, RZ05-09 (CONDITIONAL), NANSEMOND-SUFFOLK ACADEMY Public Hearing - An ordinance granting a Conditional Use Permit Request C12-09, submitted by Claude F. Lym, P.E., of Site Improvement Associates, Incorporated, applicant, on behalf of Southside Baptist Church, property owner, to permit the expansion of a large religious assembly in accordance with Sections 31-306 and 31-406 of the Unified Development Ordinance Utilizing a PowerPoint presentation, Planning and Community Development Director Mills provided a synopsis of the background information as printed in the official agenda. Mark Ricketts, 800 Juniper Crescent, Suite A, representing Southside Baptist Church, 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 Barclay, moved to approve the ordinance, with conditions, 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 GRANTING A CONDITIONAL USE PERMIT TO PERMIT THE EXPANSION OF AN EXISTING LARGE RELIGIOUS ASSEMBLY LOCATED AT 917 CAROLINA ROAD, TAX MAP NUMBER 44, PARCEL 8A, C12-09 Public Hearing - An ordinance granting a Conditional Use Permit Request C14-09, submitted by Sheila Slocum, of Hands On Massage LLC, applicant, to permit the operation of personal services-massage therapy, in accordance with Section 31-306 and 31-406 of the Unified Development Ordinance Utilizing a PowerPoint presentation, Planning and Community Development Director Mills outlined the background information as printed in the official agenda. Josh Pretlow, 200 North Main Street, representing applicant, spoke in support of the ordinance. 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, with conditions, as presented, by the following roll call vote: AYES: Council Members Barclay, Barlow, Bennett, Brown, Gardy, Parr, and Johnson 7 NAYS: None 0 (Vice Mayor Milteer was out of the chamber at the time of the vote.) 7 City Council Regular Meeting January 20, 2010 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR A PERSONAL SERVICES - MASSAGE THERAPY - AS TO PROPERTY DESIGNED AS TAX MAP NUMBER 12, PARCEL 34B, C14-09 Public Hearing - An ordinance approving an Ordinance Text Amendment OA03-09, initiated by the Suffolk Planning Commission for an amendment to the Code of the City of Suffolk, Chapter 31, Unified Development Ordinance, Article 4, Section 31-417, Affordable Dwelling Unit Ordinance Planning and Community Development Director Mills submitted a summary of the background information as printed in the official agenda. Hearing no speakers, the public was closed. Referring to the presentation, Council Member Barlow called for an explanation about the use of the area median household income versus area average household income in the proposed ordinance. Planning Director Mills reported that the area median household income is used in the proposed ordinance in order to be consistent with the State Code. Vice Mayor Milteer, on a motion seconded by Council Member Gardy, 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 31, ARTICLE 4, SECTION 31-417 OF THE UNIFIED DEVELOPMENT ORDINANCE OF THE CODE OF THE CITY OF SUFFOLK, AFFORDABLE DWELLING UNIT ORDINANCE, OA03-09 ORDINANCE Ordinance - An ordinance granting a Conditional Use Permit Request C06-09, submitted by Dr. Lawrence Michael Peck and Melina Winterton, property owners, to permit an outdoor recreation (generally) facility in accordance with Section 31-306 and 31-406 of the Unified Development Ordinance. The affected property is located at 2207 White Marsh Road and is further identified as Tax Map 45, Parcel 23*1, Cypress Voting Borough, zoned A, Agricultural Zoning District (This item was continued from the November 18, 2009, City Council meeting.) Council Member Brown, on a motion seconded by Council Member Parr, moved to approve the ordinance, with conditions, 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 GRANTING A CONDITIONAL USE PERMIT FOR AN OUTDOOR RECREATION (GENERALLY) FACILITY FOR PROPERTY LOCAED AT 2207 WHITE MARSH ROAD, TAX MAP NUMBER 45, PARCEL 23*1, C06-09 8 City Council Regular Meeting January 20, 2010 RESOLUTIONS There were no items under this portion of the agenda. STAFF REPORTS This item was presented prior to the consideration of the Consent Agenda. MOTIONS Motion - A motion to schedule a public hearing for the February 3, 2010, City Council meeting, to receive public comment on a possible lease between the City of Suffolk and the Holland Athletic Association Council Member Gardy, on motion seconded by Council Member Parr, moved to schedule a public hearing for the February 3, 2010, City Council meeting, to receive public comment on a possible lease between the City of Suffolk and the Holland Athletic Association, by the following roll call vote: AYES: Council Members Barclay, Barlow, Bennett, Brown, Gardy, Parr, Milteer and Johnson 8 NAYS: None 0 Motion - A motion to schedule a Work Session for February 3, 2010, at 4:00 p.m., unless canceled or called earlier by the Mayor Council Member Gardy, on motion seconded by Council Member Parr, moved to schedule a Work Session on February 3, 2010, 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 Wallace Cotten, 2008 Regency Drive, representing self, opined about a Haitian relief project to help the victims of the recent earthquake. Jerry Butler, 2430 Cherry Blossom Drive, representing self, expressed concerns about the odor at the Southeastern Public Service Authority Regional Landfill. Public Works Director Eric Nielsen offered information about discussions between representatives from the City, the Southeastern Public Service Authority, and the Department of Environmental Quality. 9 City Council Regular Meeting January 20, 2010 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: Economic Development Authority – James Harrell Faulk and Wetlands Board – David Thacker Joyner and John Ellison. 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 Council Member Gardy, on a motion seconded by Council Member Parr, moved to approve an ordinance amending ordinance number 09-O-029 awarding a lease of City property known as the Sleepy Hole Golf Course, so as to include the disposition of the Obici House and the Carriage House in the lessee’s project. Council Member Bennett called for a presentation of the proposed ordinance. Referring to the distributed handout, City Attorney Roettger presented the aforementioned item. Council Member Gardy, on a motion seconded by Council Member Parr, moved to approve an ordinance amending ordinance number 09-O-029 awarding a lease of City property known as the Sleepy Hole Golf Course, so as to include the disposition of the Obici House and the Carriage House in the lessee’s project, 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 ORDINANCE NUMBER 09-O-029 AWARDING A LEASE OF CITY PROPERTY KNOWN AS THE SLEEPY HOLE GOLF COURSE, SO AS TO INCLUDE THE DISPOSITION OF THE OBICI HOUSE AND THE CARRIAGE HOUSE IN THE LESSEE’S PROJECT ANNOUNCEMENTS AND COMMENTS Media and Community Relations Director Deborah George announced the following events: the upcoming the 2nd Annual Youth Symposium; the upcoming Suffolk Youth Public Safety Academy; and the ongoing curbside recycling sign-ups. Council Member Barclay announced the upcoming Public Safety Forum. Council Member Bennett called for City Administration to follow up with Mr. Cotten about his desire to assist with a Haitian relief project to help the victims of the recent earthquake. 10 City Council Regular Meeting January 20, 2010 Council Member Bennett advised that the South Hampton Roads Habitat for Humanity is accepting applications for families in need of a home. Council Member Bennett commended the Suffolk Youth Advisory Council for its recent Martin Luther King, Jr. Day Celerbation. Council Member Parr opiend about an upcoming fish fry to raise funds for public safety employees. Council Member Parr asked City Manager Cuffee-Glenn to prepare a resolution that would authorize work by the Western Tidewater Regional Jail Authority work force on City owned property. Council Member Gardy advised that the Health Department is offering H1N1 vaccations. Mayor Johnson commended the Suffolk Youth Advisory Council for their recent Martin Luther King, Jr. Day Celebration. Mayor Johnson announced the upcoming 2nd Annual Youth Symposium. Vice Mayor Milteer queried about the replacement of a stoplight at the intersection of County Street and Mason Avenue. ADJOURNMENT Council Member Gardy, on a motion seconded by Council Member Parr, 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 9:25 p.m. Teste: ________________________________________________ Erika S. Dawley, CMC, City Clerk Approved: ____________________________________________ Linda T. Johnson, Mayor APPROVED: FEBRUARY 17, 2010 11