City Council Meeting Agendas

City Council Regular Meeting May 19, 2010 Regular Meeting of the Suffolk City Council was held in the City Council Chamber on Wednesday, May 19, 2010, at 7:00 p.m. PRESENT Council Members – Linda T. Johnson, Mayor, presiding Curtis R. Milteer, Sr., Vice Mayor Robert C. Barclay IV 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 Council Member Joseph H. Barlow (excused) CALL TO ORDER/INVOCATION/PLEDGE OF ALLEGIANCE Mayor Johnson called the meeting to order, and Vice Mayor Milteer provided the Invocation and Pledge of Allegiance to the Flag. FREEDOM OF INFORMATION ACT CERTIFICATION City Clerk Dawley presented a resolution certifying the Closed Meeting of May 19, 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 Parr, moved that the resolution be adopted, as presented, by the following roll call vote: AYES: Council Members Barclay, Bennett, Brown, Gardy, Parr, Milteer and Johnson 7 NAYS: None (Council Member Barlow was excused.) 0 A RESOLUTION OF CERTIFICATION OF THE CLOSED MEETING OF MAY 19, 2010, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting May 19, 2010 APPROVAL OF THE MINUTES Council Member Gardy, on a motion seconded by Council Member Parr, moved to approve the minutes from the April 21, 2010, Work Session and Regular Meeting, as presented, by the following roll call vote: AYES: Council Members Barclay, Bennett, Brown, Gardy, Parr, Milteer and Johnson 7 NAYS: None (Council Member Barlow was excused.) 0 SPECIAL PRESENTATIONS Special Presentation - Proclamation in recognition of “Business Appreciation Week” Mayor Johnson presented the aforementioned proclamation to Economic Development Director Kevin Hughes. 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, Mayor Johnson advised City Council that a motion to approve the agenda in its entirety would be appropriate at this time. Council Member Barclay, on a motion seconded by Council Member Parr, moved to adopt the agenda in its entirety, by the following roll call vote: AYES: Council Members Barclay, Bennett, Brown, Gardy, Parr, Milteer and Johnson 7 NAYS: None (Council Member Barlow was excused.) 0 AGENDA SPEAKERS There was no one 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 SUPPORTING AN APPLICATION FROM COMMONWEALTH RAILWAY TO THE VIRGINIA DEPARTMENT OF RAIL AND PUBLIC TRANSPORTATION Consent Agenda Item #8 - A RESOLUTION TO ACCEPT AND APPROPRIATE FUNDS FOR THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (ARRA) CITY-WIDE REPAVING PROJECT 2 City Council Regular Meeting May 19, 2010 Consent Agenda Item #9 - A RESOLUTION TO AUTHORIZE THE TRANSFER OF CAPITAL FUNDS FROM THE WELLONS STREET PARKING LOT PROJECT TO THE MUNICIPAL BUILDING STABILIZATION/MUNICIPAL MASTER PLAN PROJECT AND TO CHANGE THE NAME OF THE HOLLAND AND KENYON ROAD INTERSECTION IMPROVEMENT PROJECT Referring to Consent Agenda Item #7, Council Member Bennett asked for a summary. Public Works Director Eric Nielsen provided a report on the project as printed in the official agenda. Referring to the presentation, Council Member Bennett inquired about the projects Commonwealth Railway will complete with the funding. Public Works Director Nielsen advised the Commonwealth Railway will use the funding for track maintenance for safety improvements. He concluded that in 2012 Commonwealth Railway intends to apply for funding for a quiet zone for Olde Mill Creek. Referring to Consent Agenda Item #8, Council Member Gardy solicited a synopsis. Public Works Director Nielsen gave a summary of background information as printed in the official agenda. Council Member Gardy, 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, Bennett, Brown, Gardy, Parr, Milteer and Johnson 7 NAYS: None (Council Member Barlow was excused.) 0 PUBLIC HEARINGS Public Hearing - An ordinance granting a Conditional Use Permit Request C01-10, submitted by Randolph D. Holland, Sr. and Randolph D. Holland, Jr., property owners, to permit the operation of a major automobile repair and body shop, in accordance with Section 31-306 and 31-406 of the Unified Development Ordinance Planning and Community Development Director D. Scott Mills gave a summation of the background information as printed in the official agenda. Randolph Holland, applicant, no address given, 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 Bennett, moved to approve the ordinance, with conditions. Referring to the presentation, Council Member Bennett asked the applicant whether he understood and agreed to all the conditions contained in the proposed ordinance. Mr. Holland replied he understood and agreed. 3 City Council Regular Meeting May 19, 2010 Vice Mayor Milteer, on a motion seconded by Council Member Bennett, moved to approve the ordinance, with conditions, by the following roll call: AYES: Council Members Barclay, Bennett, Brown, Gardy, Parr, Milteer and Johnson 7 NAYS: None (Council Member Barlow was excused.) 0 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR A MAJOR AUTOMOBILE REPAIR AND BODY SHOP FOR PROPERTY LOCATED AT 3460 FACTORY STREET, TAX MAP NUMBER 35H, BLOCK (3), PARCEL O, C01-10 Public Hearing - Street Vacation Request SV01-10, for the vacation of an improved right of way on a portion of Morgan Street, said portion of Morgan Street being further described as being that section beginning at the intersection of Morgan Street and Hall Avenue and extending in a southerly direction approximately 430 linear feet to a point located approximately 135 linear feet north of the intersection of Morgan Street and Johnson Avenue Planning and Community Development Director Mills offered a review of the background information as printed in the official agenda. Gary Haste, Associated Contracting Services, 3303 Airline Boulevard, Suite 1F, Portsmouth, Virginia, spoke in support of the ordinance as presented. Hearing no additional speakers, the public hearing was closed. Council Member Parr, on a motion seconded by Council Member Gardy, moved to approve the ordinance. Referring to the presentation, Vice Mayor Milteer asked about the accessibility of Morgan Street to Hall Avenue. Planning Director Mills advised access to Hall Avenue would not be available directly from Morgan Street. He concluded that Morgan Street would need to be entered via Johnson Avenue through Cedar Street. Referring to the presentation, Vice Mayor Milteer further inquired about the location of the proposed houses in relation to the Human Services Building. Planning Director Mills said the houses would be located to the west of the Human Services Building. Council Member Parr, on a motion seconded by Council Member Gardy, moved to approve the ordinance, by the following roll call: AYES: Council Members Barclay, Bennett, Brown, Gardy, Parr, Milteer and Johnson 7 NAYS: None (Council Member Barlow was excused.) 0 AN ORDINANCE VACATING AND ABANDONING A CERTAIN PORTION OF RIGHT-OF- WAY IDENTIFIED AS MORGAN STREET, STREET VACATION REQUEST SV01-10 4 City Council Regular Meeting May 19, 2010 Public Hearing - An ordinance granting Subdivision Variance Request V03-10, submitted by Gail K. Jones, property owner, requesting a variance from Section 31-514(b)(3) of the Unified Development Ordinance Planning and Community Development Director Mills announced that the applicants have withdrawn the request for V03-10. Public Hearing - An ordinance granting an Ordinance Text Amendment, OA01-10, to amend Chapter 31, Unified Development Ordinance, Section 31-504, Scope of Jurisdiction Planning and Community Development Director Mills offered an overview of the background information as printed in the official agenda. Hearing no speakers, the public hearing was closed. Council Member Parr, on a motion seconded by Council Member Barclay, moved to approve the ordinance, by the following roll call: AYES: Council Members Barclay, Bennett, Brown, Gardy, Parr, Milteer and Johnson 7 NAYS: None (Council Member Barlow was excused.) 0 AN ORDINANCE TO AMEND CHAPTER 31, UNIFIED DEVELOPMENT ORDINANCE OF THE CODE OF CITY OF SUFFOLK BY AMENDING ARTICLE 5, SECTION 31-504, SCOPE AND JURISDICTION TO ELIMINATE THE CITY OF SUFFOLK AS A PARTY DEFENDANT TO ANY COURT ORDERED PARTITION – OA01-10 Public Hearing - An ordinance granting an Ordinance Text Amendment, OA02-10, to amend the Code of the City of Suffolk, Chapter 31, Unified Development Ordinance, Appendix B, Submission Requirements, B-9, Final Subdivision Plat or Final Site Plan Planning and Community Development Mills provided 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, by the following roll call: AYES: Council Members Barclay, Bennett, Brown, Gardy, Parr, Milteer and Johnson 7 NAYS: None (Council Member Barlow was excused.) 0 AN ORDINANCE TO AMEND CHAPTER 31, UNIFIED DEVELOPMENT ORDINANCE OF THE CODE OF THE CITY OF SUFFOLK BY AMENDING APPENDIX B, SECTION B-9, FINAL SUBDIVISION PLAT OR FINAL SITE PLAN FOR COMPLIANCE WITH THE VIRGINIA ADMINISTRATIVE CODE (17 VAC 15-6-10) - OA2-10 5 City Council Regular Meeting May 19, 2010 ORDINANCES There were no items under this portion of the agenda. RESOLUTIONS There were no items under this portion of the agenda. STAFF REPORT There were no items under this portion of the agenda. MOTIONS Motion - A motion to schedule a public hearing on June 16, 2010, at 7:00 p.m. for the sale of City owned property located at 208 Pinner Street Council Member Parr, on motion seconded by Council Member Barclay, moved to schedule a public hearing on June 16, 2010, at 7:00 p.m. for the sale of City owned property located at 208 Pinner Street, by the following roll call vote: AYES: Council Members Barclay, Bennett, Brown, Gardy, Parr, Milteer and Johnson 7 NAYS: None (Council Member Barlow was excused.) 0 Motion - A motion to schedule a Work Session for June 2, 2010, 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 June 2, 2010, at 4:00 p.m., unless canceled or called earlier by the Mayor, by the following roll call vote: AYES: Council Members Barclay, Bennett, Brown, Gardy, Parr, Milteer and Johnson 7 NAYS: None (Council Member Barlow was excused.) 0 NON-AGENDA SPEAKERS Donna Perry, 402 Highland Avenue, representing self, invited City Council and the public to Public Safety Officer Appreciation Day on June 5, 2010, at Colbourn Park. NEW BUSINESS Council Member Barclay announced that he has been offered a position on the Virginia Municipal League’s Legislative Committee and would accept the offer if there were no objections from City Council. There was no objection from City Council. 6 City Council Regular Meeting May 19, 2010 ANNOUNCEMENTS AND COMMENTS Council Member Parr reported on attendance at the recent Shake, Rattle and Roll Car Show and Relay for Life events. Council Member Gardy invited the public the Holland Ruritan Founders Day on May 22. Council Member Brown announced that former Deputy City Attorney Helivi Holland has accepted a position in Governor Bob McDonnell’s administration as the Director of the Department of Juvenile Justice. Council Member Brown reported there is standing water at Roosevelt Drive and 1118 Truman Road. Council Member Brown said there is refuse and debris near the apartment complex on White Marsh Road. Council Member Brown opined on the need for a system in place for constituents to report their concerns directly to the City. Council Member Barclay reported the recent ribbon cutting at AAA Tidewater. Council Member Bennett requested a study of traffic patterns at the Pruden Center to improve safety. Council Member Bennett thanked Public Works Department for helping the residents of Huntersville in their recent community clean-up. Council Member Bennett opined regarding complaints he received from Mr. and Mrs. Dailey about noise on Wilroy Road. Council Member Bennett commented on the Suffolk Police Department’s Annual Awards Ceremony and award recipients. Council Member Bennett announced the next meeting of the Southeastern Public Service Authority meeting on May 26 at 9:30 a.m., when the results of a consultant’s study regarding odor problems will be discussed. Vice Mayor Milteer opined about the maintenance of the cemetery behind the former Human Services Building at 440 Market Street. Vice Mayor Milteer reported high grass in the southern part of the City. Media and Community Relations Director Deborah George announced that the Suffolk Executive Airport Fly-In is on March 22-23, and applications for the Summer Youth Work program are available through March 24. Mayor Johnson welcomed new businesses to the City and commented on Business Appreciation Week. Mayor Johnson reported on the 2010 Relay for Life. 7 City Council Regular Meeting May 19, 2010 Mayor Johnson congratulated the honorees at the Suffolk Police Department’s Annual Awards Ceremony. Mayor Johnson expressed her appreciation of the Public Works Department’s refuse collectors. ADJOURNMENT Council Member Parr, on a motion seconded by Council Member Bennett, moved to adjourn, by the following roll call vote: AYES: Council Members Barclay, Bennett, Brown, Gardy, Parr, Milteer and Johnson 7 NAYS: None (Council Member Barlow was excused.) 0 There being no further business to come before City Council, the regular meeting was adjourned at 7:50 p.m. Teste: ________________________________________________ Erika S. Dawley, CMC, City Clerk Approved: ____________________________________________ Linda T. Johnson, Mayor APPROVED: JUNE 16, 2010 8