City Council Meeting Agendas

City Council Regular Meeting June 16, 2010 Regular Meeting of the Suffolk City Council was held in the City Council Chamber on Wednesday, June 16, 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 Pledge of Allegiance to the Flag. FREEDOM OF INFORMATION ACT CERTIFICATION City Clerk Dawley presented a resolution certifying the Closed Meeting of June 16, 2010, 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 JUNE 16, 2010, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting June 16, 2010 APPROVAL OF THE MINUTES Mayor Johnson announced that Council Member Barlow wished to have two motions to approve the minutes as he was excused from the May 19, 2010, Work Session and Regular Meeting and did not attend. Vice Mayor Milteer, on a motion seconded by Council Member Bennett, moved to approve the minutes of the May 19, 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 0 ABSTAIN: Council Member Barlow 1 Council Member Barlow, on a motion seconded by Council Member Bennett, moved to approve the minutes from the June 2, 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 - A proclamation recognizing the month of July as National Recreation and Parks Month Mayor Johnson presented the aforementioned proclamation to Parks and Recreation Director Lakita Frazier. Parks and Recreation Director Frazier gave a PowerPoint presentation of the department’s upcoming events. 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 Gardy, 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 2 City Council Regular Meeting June 16, 2010 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 TO ACCEPT AND APPROPRIATE FUNDS FROM THE COMMONWEALTH OF VIRGINIA DEPARTMENT OF AVIATION FOR VARIOUS MAINTENANCE PROJECTS AT THE SUFFOLK EXECUTIVE AIRPORT Consent Agenda Item #8 - A RESOLUTION AUTHORIZING THE CITY OF SUFFOLK’S MEMBERSHIP IN THE VIRGINIA MUNICIPAL LEAGUE INSURANCE PROGRAMS Consent Agenda Item #9 - A RESOLUTION AUTHORIZING CONTINUATION OF THE PAYMENT OF EMPLOYEE’S CONTRIBUTION TO VIRGINIA RETIREMENT SYSTEM UNDER §414(H) OF THE INTERNAL REVENUE CODE FOR PLAN 2 EMPLOYEES Consent Agenda Item #10 - A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A COST PARTICIPATION AGREEMENT WITH CENTERPOINT PROPERTIES TRUST AND MCDONALD VENTURES XXVII, LLC Consent Agenda Item #11 - A RESOLUTION TO ACCEPT AND APPROPRIATE FUNDS FROM OPPORTUNITY INCORPORATED OF HAMPTON ROADS FOR THE CITY OF SUFFOLK’S 2010 SUMMER YOUTH WORK EXPERIENCE PROGRAM Council Member Bennett called for a report on Consent Agenda Item #11 - a resolution to accept and appropriate funds from Opportunity Incorporated of Hampton Roads for the City of Suffolk’s 2010 Summer Youth Work Experience Program. Council Member Brown requested an overview on Consent Agenda Item #10 - a resolution authorizing the City Manager to execute a cost participation agreement with CenterPoint Properties Trust and McDonald Ventures XXVII, LLC Referring to Consent Agenda Item #10, Public Utilities Director Albert Moor used a PowerPoint presentation to explain the background information as printed in the official agenda. Referring to Consent Agenda Item #11, Parks and Recreation Director Frazier summarized the background information as printed in the official agenda. Council Member Parr, on a motion seconded by Council Member Brown, 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 3 City Council Regular Meeting June 16, 2010 PUBLIC HEARINGS Public Hearing - An ordinance to sell public property located at 208 Pinner Street in the City of Suffolk Utilizing a PowerPoint presentation, Capital Programs and Buildings Director Gerry Jones provided a summary of the background as printed in the official agenda. He advised the initial offeror has withdrawn the bid to purchase the property. Hearing no speakers, the public hearing was closed. Referring to the presentation, Mayor Johnson queried about the feasibility of marketing the property for sale. City Manager Cuffee-Glenn replied that is at the discretion of City Council. Mayor Johnson called for City Administration to investigate the possibility of using the property as a park or another form of open space. Referring to the presentation, Council Member Gardy queried about any needed action since the initial offeror has withdrawn their bid to purchase the property. City Attorney Roettger explained that no action is required since there was no offer to consider. Referring to the presentation, Mayor Johnson asked for background the City’s purchase of the property. Capital Programs and Buildings Director Jones stated that the City purchased the property because it was uninhabitable due to a failing underground stormwater structure. Referring to the presentation, Council Member Parr sought an orientation of the property. Capital Programs and Buildings Director Jones reviewed the photo of the property as included in the presentation. Referring to the presentation, Council Member Parr inquired about the amount of property that would be useable. Capital Programs and Buildings Director Jones said that two-thirds of the property is useable. Referring to the presentation, Council Member Parr requested information about any possible wetlands issues on the property. Capital Programs and Buildings Director Jones advised that he could investigate that matter and follow up with a report. Referring to the presentation, Vice Mayor Milteer solicited clarification about the need for another ordinance, should the City wish to sell the property in the future. City Attorney Roettger replied in the affirmative. Referring to the presentation, Council Member Barclay asked about the need to take any action on this matter tonight. City Attorney Roettger indicated that City Council did not need to take any action as the offeror has withdrawn their bid. 4 City Council Regular Meeting June 16, 2010 Public Hearing - An ordinance granting a Conditional Use Permit Request C03-10, Mid Atlantic Recycling Transfer Facility, submitted by Marc McPherson of Mid Atlantic Recycling Solutions LLC, applicant, on behalf of Suffolk Saratoga, LLC, property owner, to permit a recycling center, in accordance with Sections 31-306 and 31-406 of the Unified Development Ordinance Utilizing a PowerPoint presentation, Planning and Community Development Director D. Scott Mills submitted a review of the background information as printed in the official agenda. Steve Romine, 999 Waterside Drive, Norfolk, Virginia, representing Marc McPherson of Mid Atlantic Recycling Solutions, LLC, applicant, announced that the applicant has withdrawn his request. He also offered some background information on the proposed project Wayne Mitchell, 706 Battery Avenue, President, Saratoga Civic League, spoke in opposition to the proposed ordinance. Doris Lynch, 526 Kilby Avenue, representing self, spoke in opposition to the proposed ordinance. Steve Romine, 999 Waterside Drive, representing Marc McPherson of Mid Atlantic Recycling Solutions, LLC, applicant, reiterated his previous statements regarding the applicant’s withdrawal and the proposed project. Hearing no other speakers, the public hearing was closed. Referring to the presentation, Council Member Gardy queried about any needed action as the applicant has withdrawn their request. City Attorney Roettger explained that no action was needed as the applicant has withdrawn their request. Vice Mayor Milteer, on a motion seconded by Council Member Brown, moved to direct City Manager Cuffee-Glenn to study the subject property and the surrounding area and provide a comprehensive plan to City Council, including recommendations of possible future uses. Referring to the motion, Council Member Barclay called for a review of the motion. Vice Mayor Milteer stated the motion directed City Manager Cuffee-Glenn to study the subject property and the surrounding area and provide a comprehensive plan to City Council, including recommendations of possible future uses. Referring to the motion, Council Member Parr sought clarification about which property or properties are included in the motion. Vice Mayor Milteer indicated that the motion referred to subject property. City Attorney Roettger explained that a comprehensive plan by its nature would include an entire area and not just one parcel. Referring to the motion, City Manager Cuffee-Glenn recommended that City Administration to determine the cost of any type of comprehensive review and provide City Council with a recommendation prior to taking any action on the evaluation of the property. 5 City Council Regular Meeting June 16, 2010 Council Member Barclay, on a substitute motion seconded Council Member Parr, moved to direct City Manager Cuffee-Glenn to prepare a cost analysis of a study of the subject property and the surrounding area for City Council, by the following roll vote: AYES: Council Members Barclay, Barlow, Bennett, Brown, Gardy, Parr, Milteer and Johnson 8 NAYS: None 0 Public Hearing - An ordinance granting a Conditional Use Permit Request C04-10, Crosspointe Freewill Baptist Church, submitted by Mitch Wilcox of Commonwealth Engineering Group, applicant, on behalf of David Sexton, of Crosspointe Freewill Baptist Church, contract purchaser, and Sidney F. Harrell Funeral Home, property owner, to permit a large 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 Mitchell Wilcox, 17226 Commerce Lane, Smithfield, Virginia, Commonwealth Engineering Group, applicant, representing David Sexton, of Crosspointe Freewill Baptist Church, spoke in support of the proposed ordinance. He also requested immediate occupancy of the building and additional time to fulfill the conditions as included in the proposed ordinance. David Sexton, 126 Niblick Circle, Pastor, Crosspointe Freewill Baptist Church, contract purchaser, spoke in support of the proposed ordinance. Hearing no other speakers, the public hearing was closed. Referring to the presentation, Council Member Parr queried about the feasibility of providing additional time to fulfill the conditions as included in the proposed ordinance. Planning and Community Development Director Mills advised that conditions #2 and #5 are related to safety; therefore, he would recommend those be completed within the timeframe included in the proposed ordinance. The remaining conditions, #1, #3, #4, #5, and #6 are more flexible, and staff could work with the applicant to establish cost effective options and new timelines for completion. Referring to the presentation, Council Member Parr sought an explanation regarding condition #2, which required a 200’ right turn lane and taper shall be constructed on northbound Pruden Boulevard at the intersection of Lida Avenue. Planning and Community Development Director Mills stated that based on the traffic study prepared by the Public Works Department, the lane would be needed for public safety reasons. Referring to the presentation, Council Member Parr opined about any impact of the day of the week on the need for the turn lane as the proposed use is a church. Planning and Community Development Director Mills indicated that the day of the week does not impact the need for the right turn lane since this improvement has typically been required for other large religious assembly projects. Council Member Parr moved to approve the proposed ordinance with conditions #1, #3, #4, #5, and #6 and the deletion of condition #2. The motion died for lack of a second. 6 City Council Regular Meeting June 16, 2010 Referring to the presentation, Council Member Barclay inquired about staff’s role as it relates to the timelines for compliance with the conditions in the proposed ordinance. City Attorney Roettger stated that staff provided the conditions and timelines; however, City Council has the authority to make amendments as deemed appropriate. Referring to the presentation, Council Member Barclay asked about the source of the recommendation of condition #2. Public Works Director Eric Nielsen advised that the City Engineer met with the applicant’s engineer and made the recommendation based on the traffic study. Referring to the presentation, Mayor Johnson requested information on the proposed facility’s seating capacity. Planning and Community Development Director Mills replied that the seating capacity is 176. Referring to the presentation, Mayor Johnson opined about a similar conditional use permit application for a large religious assembly on Nansemond Parkway approved which did not require a turn lane as condition #2 does in the proposed ordinance. Planning and Community Development Director Mills said that in the previous case, the applicant made a monetary contribution to the needed improvements since the turn lane was included in a future capital improvement project. Referring to the presentation, Council Member Brown called for an explanation for the inclusion of condition #2 requiring a 200’ right turn lane and taper to be constructed on northbound Pruden Boulevard at the intersection of Lida Avenue. Planning and Community Development Director Mills reiterated that the lane would be needed for public safety reasons based on the traffic study prepared by the Public Works Department. Referring to the presentation, Council Member Brown sought data about any major accidents in the subject area of the proposed church. Planning and Community Development Director Mills reported that he was not aware of any information on that matter. Referring to the presentation, Council Member Brown queried about the average cost to install a right turn lane and taper. Public Works Director Nielsen indicated that type of improvement costs between $80,000 and $120,000, depending on whether of utilities upgrades are necessary. Referring to the presentation, Mayor Johnson solicited information about the requirement of a right turn lane and taper should the subject property be used as a funeral home, which was its previous purpose. Planning and Community Development Director Mills said the application would need to be reviewed to under current Unified Development Ordinance guidelines to make determination. Referring to the presentation, Council Member Gardy opined about the feasibility of amending condition #2 to indicate that within one year, staff shall evaluate the need for a right turn lane and report back to City Council. He concluded should the study indicate the need for a turn lane, the applicant would need to install the turn lane. Planning and Community Development Director Mills advised that the suggestion would be feasible. Council Member Barclay, on a motion seconded by Council Member Parr, moved to approve the ordinance as presented with the exception of condition #2 which was amended: within one year, staff shall evaluate the need for a right turn lane and report back to City Council. Should the study indicate the need for a turn lane, the applicant would need to install the turn lane. 7 City Council Regular Meeting June 16, 2010 Referring to the motion, Mayor Johnson asked for clarification about the amended condition #2. Planning and Community Development Director Mills stated that within one year, staff shall evaluate the need for a right turn lane and report back to City Council. He summarized should the study indicate the need for a turn lane, the applicant would need to install one. Referring to motion, Council Member Barlow called for a review of the motion’s primacy. City Clerk Dawley advised that Council Member Parr’s initial motion died for lack of a second, therefore, the motion made by Council Member Barclay and seconded by Council Member Parr, is the sole motion under consideration. Council Member Barclay, on a motion seconded by Council Member Parr, moved to approve the ordinance as presented with the exception of condition #2 which was amended: within one year, staff shall evaluate the need for a right turn lane and report back to City Council. Should the study indicate the need for a turn lane, the applicant would need to install the turn lane, 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 LARGE RELIGIOUS ASSEMBLY LOCATED AT 2460 PRUDEN BOULEVARD, TAX MAP 25A, PARCEL 1*A, C04-10 Public Hearing - An ordinance granting a Rezoning Request RZ-01-10, submitted by Frank Rawls, of Ferguson, Rawls, and Raines, PC, on behalf of Keith and Linda Massengale, property owners, for a change in zoning from VC, Village Center District, to RE, Rural Estate District Utilizing a PowerPoint presentation, Planning and Community Development Director Mills gave an overview of the background information as printed in the official agenda. Frank Rawls, no address given, Ferguson, Rawls, and Raines, PC, representing Keith and Linda Messengale, property owners, spoke in suppose of the ordinance as presented. Hearing no other speakers, the public hearing was closed. Referring to the presentation, Vice Mayor Milteer inquired about the number of units permitted per acre in the Rural Estate District. Planning and Community Development Director Mills said that in this district, there must be a minimum of three acres per lot, so this six-acre parcel could have a maximum of two lots Council Member Brown, on a motion seconded by Council Member Barclay, moved to approve the ordinance, as presented. AYES: Council Members Barclay, Barlow, Bennett, Brown, Gardy, Parr, Milteer and Johnson 8 NAYS: None 0 8 City Council Regular Meeting June 16, 2010 AN ORDINANCE TO REZONE AND AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SUFFOLK FOR PROPERTY LOCATED AT 65 BROWN LANE, TAX MAP 9, PARCEL 49, RZ01-10 Public Hearing - An ordinance granting an Ordinance Text Amendment, OA03-10, to amend the Code of the City of Suffolk, Chapter 31, Unified Development Ordinance, Article 7, Supplemental Use Regulations, Section 31-703 (f), Bed and Breakfast – to permit guest rooms in certain accessory structures – OA3-10 Utilizing a PowerPoint presentation, Planning and Community Development Director Mills provided a summation of the background information as printed in the official agenda. Hearing no speakers, the public hearing was closed. Vice Mayor Milteer, 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 7, SUPPLEMENTAL USE REGULATIONS, SECTION 31-703 (F), BED AND BREAKFAST TO PERMIT GUEST ROOMS IN CERTAIN ACCESSORY STRUCTURES – OA3-10 ORDINANCES There were no items under this portion of the agenda. RESOLUTIONS There were no items under this portion of the agenda. STAFF REPORT Staff Report - Update on the status of workers’ compensation coverage for Suffolk Volunteer Fire Fighters Utilizing a PowerPoint presentation, Human Resources Director Ronnie Charles, Fire Chief Mark Outlaw, and Whaleyville Volunteer Fire Department Chief Charles Brothers offered an update on the aforementioned item. 9 City Council Regular Meeting June 16, 2010 MOTIONS Motion - A motion to encumber $43,500 from the Fiscal Year 2010 City Contingency Fund for the future expenditures related to the Southeastern Public Service Authority and $10,000 for the 2011 Virginia Statewide Neighborhood Conference City Manager Cuffee-Glenn reviewed the background information as printed in the official agenda. Council Member Parr, on motion seconded by Council Member Gardy, moved to encumber $43,500 from the Fiscal Year 2010 City Contingency Fund for the future expenditures related to the Southeastern Public Service Authority and $10,000 for the 2011 Virginia Statewide Neighborhood Conference, 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 request the Planning Commission to examine the current zoning of Zoning Map Number 25*45 and to initiate a rezoning to B-2, General Commercial and provide a recommendation City Manager Cuffee-Glenn submitted a synopsis of the background information as printed in the official agenda. Council Member Parr, on motion seconded by Council Member Gardy, moved to request the Planning Commission to examine the current zoning of Zoning Map Number 25*45 and to initiate a rezoning to B-2, General Commercial and provide a recommendation, 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 July 7, 2010, at 4:00 p.m., unless canceled or called earlier by the Mayor Vice Mayor Milteer, on motion seconded by Council Member Gardy, moved to schedule a Work Session on July 7, 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 There were no individuals registered to speak under this portion of the agenda. 10 City Council Regular Meeting June 16, 2010 NEW BUSINESS Mayor Johnson asked City Clerk Dawley if there were any New Business items for consideration. City Clerk Dawley advised that there were no additions to tonight’s agenda. Council Member Gardy, on a motion seconded by Vice Mayor Milteer, moved to direct City Manager Cuffee-Glenn to prepare a recommendation of site or sites for a new elementary school in the southern part of the City and to explore possibility of funding rehabilitation of Robinson Elementary School. Referring to the presentation, Council Member Barlow asked where the students currently attending Southwestern Elementary School would be during the construction of the new elementary school. Council Member Gardy said that they would still attend Southwestern Elementary School during the construction process. Referring to the motion, Council Member Barlow sought an explanation for the proposed rehabilitation of Robinson Elementary School. Council Member Gardy stated that it would be to address safety issues. Referring to the motion, Council Member Barclay opined that City Manager Cuffee-Glenn would only be preparing a report for City Council’s consideration of all of the options available. Council Member Gardy replied in the affirmative. Referring to the motion, Mayor Johnson called for clarification of the motion. Council Member Gardy stated that the motion directed City Manager Cuffee-Glenn to prepare a recommendation of site or sites for a new elementary school in the southern part of the City and explore possibility of funding rehabilitation of Robinson Elementary School. Council Member Brown, on a substitute motion seconded by Council Member Parr, moved to direct City Manager Cuffee-Glenn to prepare a recommendation of one site for a new elementary school southern part of the City, by the following roll vote: AYES: Council Members Brown, Gardy, Parr, Milteer and Johnson 5 NAYS: Council Member Barclay, Barlow, and Bennett 3 Council Member Brown called for a policy governing the recognizing citizens. Mayor Johnson asked if there was already such a policy. City Manager Cuffee-Glenn advised that there was not a policy in place, and she could present recommendations on this matter. ANNOUNCEMENTS AND COMMENTS Council Member Barclay reported on his participation in the recent Clean the Bay Day event. Council Member Barlow announced that he attended the First Annual Regional Education Summit, sponsored by the Hampton Roads Chamber of Commerce. Council Member Bennett commended the Parks and Recreation Department for the recent Youth Achievement Awards event. Council Member Bennett thanked the Police Department for attending a recent Hollywood/Jericho Civic League Meeting. 11 City Council Regular Meeting June 16, 2010 Council Member Bennett encouraged residents to continue to report the odor problem at the Southeastern Public Service Authority Regional Landfill. Council Member Bennett advised that residents have requested expanded public transportation services in the northern part of the City. Council Member Bennett asked City Manager Cuffee-Glenn for a report on the installation of the new entrance into Hollywood. Vice Mayor Milteer commended the Parks and Recreation Department for the recent Youth Achievement Awards event. Council Member Brown thanked City Manager Cuffee-Glenn for her responsiveness to various constituents’ concerns. Council Member Gardy expressed his appreciation to the Fire Department for the installation of child safety seats in his vehicle. Council Member Gardy reported on a recent emu sighting. Mayor Johnson encouraged all residents to order their recycling bins. Mayor Johnson announced the upcoming Business Appreciation Night event. Mayor Johnson asked for a report on the Village Center District and the Unified Development Ordinance. ADJOURNMENT Council Member Bennett, on a motion seconded by Council Member Brown, 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 8:55 p.m. Teste: ________________________________________________ Erika S. Dawley, CMC, City Clerk Approved: ____________________________________________ Linda T. Johnson, Mayor APPROVED: JULY 7, 2010 12