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City Council Meeting Agendas

Regular Meeting

Suffolk, VA · February 17, 2010

AgendaMinutes

Minutes

City Council Regular Meeting February 17, 2010 Regular Meeting of the Suffolk City Council was held in the City Council Chamber on Wednesday, February 17, 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 February 17, 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 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 A RESOLUTION OF CERTIFICATION OF THE CLOSED MEETING OF FEBRUARY 17, 2010, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting February 17, 2010 APPROVAL OF THE MINUTES Council Member Parr, on a motion seconded by Council Member Gardy, moved to approve the minutes from the January 20, 2010, 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 - United Way Community Impact Award Media and Community Relations Director Deborah George introduced Nicole Krieger, Director of Resource Development, United Way of South Hampton Roads. Ms. Krieger made the aforementioned presentation to Mayor Johnson. 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 that a motion was in order at this time to adopt the agenda in its entirety. Councill Member Parr, on a motion seconded by Council Member Bennett, moved to adopt the agenda, as presented, by the following roll call: AYES: Council Members Barclay, Barlow, Bennett, Brown, Gardy, Parr, Milteer and Johnson 8 NAYS: None 0 AGENDA SPEAKERS There were no speakers registered to speak under this portion of the agenda. CONSENT AGENDA Mayor Johnson asked City Clerk Dawley to present the Consent Agenda. City Clerk Dawley presented the following items: Consent Agenda Item #7 - A RESOLUTION TO ACCEPT AND APPROPRIATE FUNDS FROM THE UNITED STATES DEPARTMENT OF AGRICULTURE FOR THE SUMMER FEEDING PROGRAM. Consent Agenda Item #8 - A RESOLUTION TO ACCEPT AND APPROPRIATE PROCEEDS FROM THE SALE OF LAND FOR THE COMMERCE STREET PARKING LOT PROJECT. 2 City Council Regular Meeting February 17, 2010 Consent Agenda Item #9 - A RESOLUTION TO ACCEPT AND APPROPRIATE PROCEEDS FROM THE COMMONWEALTH OF VIRGINIA GOVERNOR’S OPPORTUNITY FUND. Vice Mayor Milteer called for a summary of Consent Agenda Item #7 - a resolution to accept and appropriate funds from the United States Department of Agriculture for the Summer Feeding Program. Referring to Consent Agenda Item #7, City Manager Cuffee-Glenn supplied an overview of the background information as printed in the official agenda. Vice Mayor Milteer, on a motion seconded by Council Member Parr, moved to approve the Consent Agenda, 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 - A resolution to adopt the Capital Improvement Plan for Fiscal Years 2010-2011 through 2019-2020 Utilizing a PowerPoint presentation, Budget Officer Anne Seward provided an overview of the background information as printed in the official agenda. Leroy Schmidt 5140 North Harbor Road, representing self, opined about the possible impacts of State funding reductions on the City’s finances. Hearing no other speakers, the public hearing was closed. Utilizing a PowerPoint presentation, Budget Officer Seward gave a report on the Qualified School Construction Bonds program. Referring to the second presentation, Mayor Johnson asked if these bonds were mentioned at City Council’s last retreat. Budget Officer Seward stated that these bonds were referenced briefly during the retreat, and more details became available about the program in January, 2010. Council Member Gardy, on a motion seconded by Council Member Brown, moved to direct City Administration to apply for the Qualified School Construction Bonds. Referring to the second presentation, Council Member Brown queried about the maximum amount that could be borrowed. Budget Officer Seward reported that the City could borrow a maximum of $16,000,000. Referring to the second presentation, Council Member Barclay asked about the potential savings if the City applied for the proposed bonds and deferred the construction of a new elementary school in the southern part of the City for one fiscal year. Budget Officer Seward stated that the City could save $2,000,000 in debt service by utilizing the proposed bonds and deferring the construction of the new elementary school to Fiscal Year 2011-2012. 3 City Council Regular Meeting February 17, 2010 Referring to the second presentation, Council Member Parr called for an explanation of the probable impact on the new joint use recreational facility, should the City defer construction of the new elementary school in the southern part of the City to Fiscal Year 2011-2012. Budget Officer Seward advised that the City would need to find another funding mechanism for the joint use facility, but the building could not be built until the school was in place. Referring to the second presentation, Council Member Bennett inquired about the time requirements to use the funding for the proposed bonds. Budget Office Seward said that the funding must be spent within 36 months after receipt. Council Member Gardy, on a motion seconded by Council Member Brown, moved to direct City Administration to apply for the Qualified School Construction Bonds, by the following roll call vote: AYES: Council Members Barclay, Barlow, Bennett, Brown, Gardy, Parr, Milteer and Johnson 8 NAYS: None 0 Referring to the second presentation, Council Member Parr opined about any other projects that could be deferred, should the City forgo the bond market this year. Budget Officer Seward replied the other projects in the CIP would require alternate funding mechanisms or be deferred. Council Member Gardy, on a motion seconded by Council Member Parr, moved to approve to approve the resolution with the following amendment: deferral of the $16,000,000 for the new elementary school in the southern part of the City and the $1,500,000 for the related joint use recreational facility to Fiscal Year 2011-2012, by the following roll call vote: AYES: Council Members Barclay, Barlow, Bennett, Brown, Gardy, Parr, Milteer and Johnson 8 NAYS: None 0 A RESOLUTION TO ADOPT THE CAPITAL IMPROVEMENT PLAN FOR FISCAL YEAR 2010-2011 THROUGH 2019-2020 AS AMENDED Public Hearing - An ordinance granting a Rezoning Request RZ07-09, submitted by Brian Layne of Art-Ray Corporation, on behalf of The Salvation Army, property owner, for a change in zoning from M-2, Heavy Industrial Zoning District to RM, Residential Medium Zoning District Utilizing a PowerPoint presentation, Planning and Community Development Director D. Scott Mills gave a summary of the background information as printed in the official agenda. The following individuals spoke in support of the proposed ordinance: Brian Layne, no address given, Art-Ray Corporation, on behalf of the Salvation Army, property owner. Joe Webb, 140 Holly Hill Lane, representing Salvation Army Advisory Board. Major Cal Clatterbuck, no address given, on behalf of the Salvation Army. 4 City Council Regular Meeting February 17, 2010 J.D. Matthews, 105 Lakefront Drive, representing the Salvation Army. 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, by the following roll call: 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 400 BANK STREET, RZ07-09 (CONDITIONAL), TAX MAP NUMBER 34G19 (A), PARCEL 63 Public Hearing - An ordinance granting a Conditional Use Permit Request C13-09, submitted by Reverend Michael Ola, applicant, on behalf of M. E. Associates, LLC, property owner, to permit a small religious assembly in accordance with Section 31-306 and 31-406 of the Unified Development Ordinance Utilizing a PowerPoint presentation, Planning and Community Development Director Mills offered a synopsis of the background information as printed in the official agenda. Planning and Community Development Director Mills added that the Planning and Community Development Department received a letter from the Suffolk Health Department advising that the applicant has received approval for on-site food service or preparation. He explained that staff had included a condition that prohibited on-site food service or preparation unless approved by the Suffolk Health Department. He further stated that as the required approval has been received, the applicant would be permitted to conduct on-site food service and preparation. Rev. Michael Ola, 540 East Constance Road, applicant, on behalf of M. E. Associates, LLC, property owner, spoke in support of the proposed ordinance. He asked for the removal of conditions one and three from the proposed ordinance. Hearing no other speakers, the public hearing was closed. Referring to the presentation, Council Member Barclay asked if the parcel under consideration would be leased by the applicant. Planning and Community Development Director Mills replied in the affirmative. Referring to the presentation, Council Member Barclay called for clarification about the property’s tax status, should the proposed ordinance be approved. Planning and Community Development Director Mills reported that the property would remain taxable. Referring to the presentation, Council Member Barclay called for an overview of the conditions one and three as included in the proposed ordinance. Planning and Community Development Director Mills explained that the first condition is no longer applicable since the Suffolk Health Department has sent a letter advising that the applicant has received approval for on-site food service or preparation. He further explained that the other condition prohibits on-site repair and vehicle storage for the purpose of repair and/or restoration as the site is not suitable for auto repairs. 5 City Council Regular Meeting February 17, 2010 Referring to the presentation, Council Member Barclay sought information about any wetlands requirements for the site. Planning and Community Development Director Mills stated that the site is in State designated Chesapeake Bay Resource Management Area, therefore, subject to all of its wetland regulations. Referring to the presentation, Council Member Barclay queried about the feasibility of proper disposal of auto fluids at the site. Planning and Community Development Director Mills replied that the site does not have a place to properly dispose of auto fluids. Council Member Brown, on a motion seconded by Council Member Barclay, moved to approve the ordinance, with conditions, as presented. Referring to the presentation, Council Member Bennett opined about a garage that was on the site at one point when the facility was used for another purpose. Rev. Ola reported that the garage is still located on the backside of the property. Referring to the presentation, Council Member Bennett inquired about the feasibility of using the existing garage that is on the site for auto repairs. Planning and Community Development Director Mills said that auto repairs are permitted in the B-2, General Commercial Zoning District. He concluded that staff is not aware if the existing garage meets the requirements for auto repair, and the small religious assembly use is incompatible with auto repair. Council Member Brown, on a motion seconded by Council Member Barclay, moved to approve the ordinance, 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 A SMALL RELIGIOUS ASSEMBLY FOR PROPERTY LOCATED AT 138 EAST CONSTANCE ROAD TAX MAP NUMBER 35D, PARCEL KKA-C13-09 Public Hearing - An ordinance granting an Ordinance Text Amendment, A05-09, to amend Chapter 31, of the City Code, Unified Development Ordinance by amending Section 31-305, Conditional Rezoning Utilizing a PowerPoint presentation, Planning and Community Development Director Mills gave a summary of the background information as printed in the official agenda. Hearing no speakers, the public hearing was closed. Council Member Gardy, on a motion seconded by Council Member Barclay, moved to approve the ordinance, as presented. Referring to the presentation, Vice Mayor Milteer called for an explanation of the transferability of conditions, in the event that a parcel is sold. Planning and Community Development Director Mills explained the conditions attached to a property’s conditional use permit still remain in effect if it is sold. 6 City Council Regular Meeting February 17, 2010 Council Member Gardy, on a motion seconded by Council Member Barclay, 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, UNIFIED DEVELOPMENT ORDINANCE OF THE CODE OF THE CITY OF SUFFOLK BY AMENDING ARTICLE 3, SECTION 31-305, CONDITIONAL REZONING – OA5-09 Public Hearing - An ordinance granting Subdivision Variance Request V1-10, submitted by Douglas Mitchell Daniels, Jr. and Ann T. Daniels, property owners, requesting a variance from Section 31-514(b)(3) of the Unified Development Ordinance Utilizing a PowerPoint presentation, Planning and Community Development Director Mills provided a summation of the background information as printed in the official agenda. Douglas Mitchell Daniels, Jr., 1570 White Dogwood Trail, property owner, spoke in support of the proposed ordinance. 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, as presented. Referring to the presentation, Vice Mayor Milteer sought clarification about the nature of the requested variance as it relates to the hardship requirements. Planning and Community Development Director Mills advised that the applicant’s change in circumstance was unforeseen, therefore, the requested variance meets the hardship requirements. Referring to the presentation, Vice Mayor Milteer asked how long the applicant has lived on the parcel. Planning and Community Development Director Mills said that the applicant has lived on the parcel for eight years. Council Member Parr, 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 GRANTING A VARIANCE FROM REQUIREMENTS OF THE UNIFIED DEVELOPMENT ORDINANCE FOR PROPERTY LOCATED AT THE 1570 WHITE DOGWOOD TRAIL, FURTHER IDENTIFIED AS TAX MAP NUMBER, PARCEL 2J, V1-10 7 City Council Regular Meeting February 17, 2010 Public Hearing - An ordinance granting Subdivision Variance Request V2-10, submitted by Kathrien Kalwite on behalf of Louis H. Kalwite, III and Michelle R. Kalwite, property owners, requesting a variance from Section 31-514(b)(3) of the Unified Development Ordinance Utilizing a PowerPoint presentation, Planning and Community Development Director Mills provided an overview of the background information as printed in the official agenda. Kathrien Kalwite, 8400 Arthur Drive, representing self, spoke in support of the proposed ordinance. Hearing no other speakers, the public hearing was closed. Council Member Gardy, on a motion seconded by Council Member Brown, 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 GRANTING A VARIANCE FROM AN ORDINANCE GRANTING A VARIANCE FROM REQUIREMENTS OF THE UNIFIED DEVELOPMENT ORDINANCE FOR PROPERTY LOCATED AT 3500 PITTMANTOWN ROAD, FURTHER IDENTIFIED AS TAX MAP NUMBER 73, PARCEL 8B, V2-10 ORDINANCE Ordinance - An ordinance to amend the Code of the City of Suffolk by adding Chapter 86 to govern the use of golf carts within the City of Suffolk Utilizing a PowerPoint presentation, Police Chief Thomas Bennett supplied a review of the background information as printed in the official agenda. Referring to the presentation, Council Member Barlow sought clarification about the engineering services fees associated with the permitting process when seeking the authority to operate a golf cart on a City street. Traffic Engineer Robert Lewis advised that each applicant will be required to pay $270 for the four hours that will be needed by the City’s Traffic Engineering Division to evaluate each application. Referring to the presentation, Council Member Parr called for more information on the signage requirements when seeking the authority to operate a golf cart on a City street. Traffic Engineer Lewis replied that the number of signs will depend on the area seeking the authority to operate a golf cart on a City street. He added that some neighborhoods have one entrance therefore will only require one sign. He concluded that other neighborhoods have multiple entrances and will need multiple signs. Referring to the presentation, Council Member Parr opined about any requirements to replace the golf cart signs in the event they are damaged as a result of a vehicle accident. Traffic Engineer Lewis advised that as in any case when public property is damaged, the City will seek reimbursement from the responsible party. He added that in cases of hit and run, the City will seek reimbursement from the applicant for the replacement sign. 8 City Council Regular Meeting February 17, 2010 Referring to the presentation, Council Member Parr asked about the inclusion of an explanation about the long term maintenance of the signage on the application for the operation of a golf cart on City streets. Traffic Engineer Lewis stated that the application would outline all of the responsibilities including long term maintenance of the signage. Referring to the presentation, Council Member Bennett queried about any possible adverse impact on the Police Department’s operations as a result of the proposed ordinance. Police Chief Bennett indicated that the Police Department does not anticipate the proposed ordinance will have any adverse impacts on their departmental operations. Referring to the presentation, Council Member Bennett called for explanation about the liability of replacing a sign if needed. Traffic Engineer Lewis said it is something that will need to be worked out with the applicant since whoever submits the application seeking authority to operate a golf cart on a City street would be responsible for all associated fees. Council Member Barlow, 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 THE CODE OF THE CITY OF SUFFOLK BY ADDING CHAPTER 86 TO GOVERN THE USE OF GOLF CARTS WITHIN THE CITY OF SUFFOLK Ordinance - An ordinance to amend the Code of the City of Suffolk enacting a leash law to be in effect throughout the City of Suffolk Utilizing a PowerPoint presentation, Police Chief Bennett gave a summary of the background information as printed in the official agenda. Referring to the presentation, Council Member Gardy asked about the intent of the proposed ordinance. Police Chief Bennett stated that the purpose of the proposed ordinance is to address nuisance and stray dogs. Referring to the presentation, Council Member Gardy inquired about an exemption for hunting dogs as it relates to the proposed ordinance. Police Chief Bennett said that State Code provides for an exemption for hunting dogs and the proposed ordinance includes this exemption. 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 THE CODE OF THE CITY OF SUFFOLK ENACTING A LEASH LAW TO BE IN EFFECT THROUGHOUT THE CITY OF SUFFOLK 9 City Council Regular Meeting February 17, 2010 City Council recessed at 9:00 p.m. and reconvened at 9:08 p.m. RESOLUTIONS Resolution - A resolution to authorize the transfer of capital funds to various capital projects Utilizing a PowerPoint presentation, Public Works Director Eric Nielsen, Parks and Recreation Director Lakita Frazier, Fire Chief Mark Outlaw, and Capital Programs and Buildings Director Gerry Jones offered a summary of the background information as printed in the official agenda. Referring to the presentation, Council Member Barlow requested information on the amount of parking at the East Suffolk Administration Complex. Parks and Recreation Director Frazier advised that there will be ample parking at the new facility to meet her department’s needs. Council Member Parr, on a motion seconded by Council Member Brown, 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 TO AUTHORIZE THE TRANSFER OF CAPITAL FUNDS TO VARIOUS CAPITAL PROJECTS STAFF REPORT There were no items under this portion of the agenda. MOTIONS Motion - A motion to schedule a public hearing for March 3, 2010, at 7:00 p.m. regarding the relocation of the polling place for the White Marsh voting precinct, currently located at the East Suffolk Community Center, 134 South 6th Street, to the adjacent East Suffolk Recreation Center, 138 South 6th Street, Suffolk, Virginia Vice Mayor Milteer, on motion seconded by Council Member Brown, moved to schedule the above referenced public hearing for the March 3, 2010, City Council meeting, by the following roll call vote: AYES: Council Members Barclay, Barlow, Bennett, Brown, Gardy, Parr, Milteer and Johnson 8 NAYS: None 0 10 City Council Regular Meeting February 17, 2010 Motion - A motion to schedule a Work Session for March 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 March 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 Ricky Fletcher, Post Office Box 3464, representing self, opined about various legal and public safety issues. Mary Hill, 8289 Crittenden Road, representing self, was not present when called. Marie Hill, 8289 Crittenden Road, representing self, was not present when called. NEW BUSINESS Mayor Johnson asked City Manager Cuffee-Glenn if there were any New Business Items for consideration. City Manager Cuffee-Glenn announced that the following item is presented for City Council’s consideration: a motion to schedule a public hearing for the March 17, 2010, City Council meeting, regarding the several guaranty by the City of Suffolk, Virginia (the “City”), of the timely payment of the estimated maximum amount of $6,435,000 of guaranteed subordinated revenue bonds and senior subordinated revenue bonds previously issued by the Southeastern Public Service Authority of Virginia (“SPSA”) currently held by the Virginia Resources Authority. The guaranty will constitute a general obligation of the City to which the full faith and credit and taxing power of the City will be pledged. Council Member Parr, on a motion seconded by Council Member Gardy, moved to schedule the above referenced public hearing for the March 17, 2010, City Council 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 Council Member Brown opined about the need for a community meeting in the Cypress Borough regarding quality of life issues. Council Member Gardy called for a similar meeting in the Holy Neck Borough. City Manager Cuffee-Glenn stated she would explore these requests. ANNOUNCEMENTS AND COMMENTS Vice Mayor Milteer reported a drainage issue on Babbtown Road. 11 City Council Regular Meeting February 17, 2010 Vice Mayor Milteer asked City Administration to address pothole repairs on Mineral Spring Road, near Mineral Springs Baptist Church. Council Member Bennett announced an upcoming community meeting on the odor issues in the Route 58 area. Council Member Bennett advised that he was planning on attending a meeting of Western Tidewater Regional Jail Board. Council Member Barlow reported on a recent meeting of the Suffolk Leadership Academy. Council Member Barclay expressed his appreciation to City Administration for the recent Public Safety Forum and the installation of a traffic signal on Harborview Boulevard. Council Member Barclay provided a report of the recent Virginia Municipal League Legislative Day. Council Member Brown advised that the lights at the football fields at John F. Kennedy Middle School are in need of repair. Council Member Brown called for City Administration to investigate the source of an odor at Forest Glenn Middle School. Council Member Gardy congratulated Kevin Hughes on being named Economic Development Director. Council Member Gardy expressed his appreciation to the Public Works Department for repairing potholes. Council Member Parr called for a status report about Conditional Use Permit Request C35-07, submitted by Anthony Hooper of 7 Cities Outreach, Incorporated to permit a commercial stable on Lake Point Road as it relates to compliance with conditions regarding road maintenance. Council Member Parr commended Kevin Hughes on being named Economic Development Director. Media and Community Relations Director Deborah George announced the following items: the upcoming community meeting about the odor in the Route 58 area and the selection of Kevin Hughes as Economic Development Director. Mayor Johnson expressed to her congratulations to Kevin Hughes for his selection as Economic Development Director. Mayor Johnson commended the Public Works Department for the repair of potholes. Mayor Johnson announced the upcoming Discover Suffolk Magazine Kick-off. Mayor Johnson reported on a recent meeting of the Suffolk Leadership Academy. 12 City Council Regular Meeting February 17, 2010 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 10:03 p.m. Teste: ________________________________________________ Erika S. Dawley, CMC, City Clerk Approved: ____________________________________________ Linda T. Johnson, Mayor APPROVED: MARCH 17, 2010 13

Agenda

SUFFOLK CITY COUNCIL AGENDA February 17, 2010 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 Presentation - United Way Community Impact Award 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 to accept and appropriate funds from the United States Department of Agriculture for the Summer Feeding Program Approved 8-0 8. Consent Agenda - A resolution to accept and appropriate proceeds from the sale of land for the Commerce Street Parking Lot Project Approved 8-0 9. Consent Agenda - A resolution to accept and appropriate proceeds from the Commonwealth of Virginia Governor’s Opportunity Fund Approved 8-0 10. Public Hearing - A resolution to adopt the Capital Improvement Plan for Fiscal Years 2010-2011 through 2019-2020 Approved 8-0 with amendments 11. Public Hearing - An ordinance granting a Rezoning Request RZ07-09, submitted by Brian Layne of Art-Ray Corporation, on behalf of The Salvation Army, property owner, for a change in zoning from M-2, Heavy Industrial Zoning District to RM, Residential Medium Zoning District Approved 8-0 12. Public Hearing - An ordinance granting a Conditional Use Permit Request C13-09, submitted by Rev. Michael Ola, applicant, on behalf of M. E. Associates, LLC, property owner, to permit a small religious assembly in accordance with Section 31-306 and 31-406 of the Unified Development Ordinance Approved 8-0 13. Public Hearing - An ordinance granting an Ordinance Text Amendment, A05-09, to amend Chapter 31, of the City Code, Unified Development Ordinance by amending Section 31-305, Conditional Rezoning Approved 8-0 14. Public Hearing - An ordinance granting Subdivision Variance Request V1-10, submitted by Douglas Mitchell Daniels, Jr. and Ann T. Daniels, property owners, requesting a variance from Section 31-514(b)(3) of the Unified Development Ordinance Approved 8-0 15. Public Hearing - An ordinance granting Subdivision Variance Request V2-10, submitted by Kathrien Kalwite on behalf of Louis H. Kalwite, III and Michelle R. Kalwite, property owners, requesting a variance from Section 31-514(b)(3) of the Unified Development Ordinance Approved 8-0 16. Ordinance - An ordinance to amend the Code of the City of Suffolk by adding Chapter 86 to govern the use of golf carts within the City of Suffolk Approved 8-0 17. Ordinance - An ordinance to amend the Code of the City of Suffolk enacting a leash law to be in effect throughout the City of Suffolk Approved 8-0 18. Resolution - A resolution to authorize the transfer of capital funds to various capital projects Approved 8-0 19. Staff Reports No City Council action required. 20. Motion - A motion to schedule a public hearing for March 3, 2010, at 7:00 p.m. regarding the relocation of the polling place for the White Marsh voting precinct, currently located at the East Suffolk Community Center, 134 S. 6th Street, to the adjacent East Suffolk Recreation Center, 138 S. 6th Street, Suffolk, Virginia Approved 8-0 2 21. Motion - A motion to schedule a Work Session for March 3, 2010, at 4:00 p.m., unless canceled or called earlier by the Mayor Approved 8-0 22. Non-Agenda Speakers No City Council action required. 23. New Business A motion to schedule a public hearing for the March 17, 2010, City Council meeting, regarding the several guaranty by the City of Suffolk, Virginia of the timely payment of the estimated maximum amount of $6,435,000 of guaranteed subordinated revenue bonds and senior subordinated revenue bonds previously issued by the Southeastern Public Service Authority of Virginia currently held by the Virginia Resources Authority was approved by a vote of 8-0. 24. Announcements and Comments No City Council action required. 25. Adjournment Approved 8-0 3

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