City Council Meeting Agendas

City Council Regular Meeting October 20, 2010 Regular Meeting of the Suffolk City Council was held in the City Council Chamber on Wednesday, October 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 Pledge of Allegiance to the Flag. FREEDOM OF INFORMATION ACT CERTIFICATION City Clerk Dawley presented a resolution certifying the Closed Meeting of October 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 OCTOBER 20, 2010, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting October 20, 2010 APPROVAL OF THE MINUTES Council Member Gardy, on a motion seconded by Council Member Parr, moved to approve the minutes from the September 22-23, 2010, Special 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 There were no items under this portion of the agenda. REMOVAL OF ITEMS FROM THE CONSENT AGENDA AND ADOPTION OF THE AGENDA Mayor Johnson asked if any members of City Council wished to remove any items from the Consent Agenda for separate action. Council Member Gardy called for a summary of Consent Agenda Item # 8 – a resolution to accept and appropriate funds from the Commonwealth of Virginia Technology Trust Fund. Mayor Johnson advised that explanation would be provided during the presentation of the Consent Agenda. She concluded that a motion was in order at this time to adopt the agenda in its entirety. Council Member Parr, on a motion seconded by Council Member Barclay, 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 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 FUNDS FROM THE COMMONWEALTH OF VIRGINIA TECHNOLOGY TRUST FUND Consent Agenda Item #9 - A RESOLUTION CONFIRMING THE APPOINTMENT OF WILLIAM E. HUTCHINGS, JR. AS DEPUTY CITY ATTORNEY 2 City Council Regular Meeting October 20, 2010 Consent Agenda Item #10 - A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE VIRGINIA DEPARTMENT OF AVIATION MASTER AGREEMENT ON TERMS AND CONDITIONS FOR ACCEPTING STATE AVIATION FUNDING RESOURCES Consent Agenda Item #11 - A RESOLUTION IN SUPPORT OF A MUTUAL AID AGREEMENT FOR FIRE, RESCUE AND EMERGENCY MEDICAL SERVICES Council Member Gardy called for a review of Consent Agenda Item #8 - a resolution to accept and appropriate funds from the Commonwealth of Virginia Technology Trust Fund. Council Member Barlow asked for a summary of Consent Agenda Item #9 - a resolution confirming the appointment of William E. Hutchings, Jr. as Deputy City Attorney. Referring to Consent Agenda Item #8, Clerk of the Circuit Court W. Randolph Carter offered a synopsis of the background information as printed in the official agenda. Referring to Consent Agenda Item #9, City Attorney Roettger gave a review of the background information as printed in the official agenda. Council Member Bennett requested information on Consent Agenda Item #11 - a resolution in support of a mutual aid agreement for Fire, Rescue and Emergency Medical Services. Referring to Consent Agenda Item #11, Deputy Fire Chief L. Edward Taylor supplied a report on the background information as printed in the official agenda. Council Member Bennett asked if police services were included in the agreement. Chief Taylor advised it was for Fire, Rescue and Emergency Medical Services only. Council Member Barclay, on a motion seconded by Council Member Bennett, 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 – An ordinance granting Conditional Use Permit Request C9-10, submitted by Richard A. Daley, P.E., of Double D Engineering, PC, applicant, on behalf of Allen G. and Debra L. Bryant, Jr., property owners, to permit a Bed and Breakfast Inn, in accordance with Sections 31-306, 31-406, and 31-703 of the Unified Development Ordinance Utilizing a PowerPoint presentation, Planning and Community Development Director D. Scott Mills gave a summation of the background information as printed in the official agenda. Allen G. Bryant, Jr., no address given, property owner, spoke in support of the proposed ordinance. Hearing no additional speakers, the public hearing was closed. 3 City Council Regular Meeting October 20, 2010 Vice Mayor Milteer, on a motion seconded by Council Member Gardy, moved to approve the ordinance, with conditions, as presented. Referring to the presentation, Council Member Parr sought clarification about the need to obtain an Alcohol Beverage Control license for each special event held at the proposed bed and breakfast. Planning and Community Development Director Mills advised he would need to defer to the Alcohol Beverage Control Board on this matter. Vice Mayor Milteer, on a motion seconded by Council Member Gardy, 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 BED AND BREAKFAST INN ON PROPERTY LOCATED AT 700 KINGS HIGHWAY, FURTHER INDENTIFIED AS ZONING MAP 10, PARCEL 50A, C9-10 Public Hearing – An ordinance granting a Conditional Use Permit Request C11-10, submitted by Curtis R. and Sarah W. Milteer, property owners, to permit the construction of an accessory dwelling unit in accordance with Section 31-306, 31-406, and 31-701(b) of the Unified Development Ordinance Vice Mayor Milteer announced that as the property owner for the parcel under consideration, he would abstain from deliberating and voting on this item. Utilizing a PowerPoint presentation, Planning and Community Development Director Mills offered an overview of the background information as printed in the official agenda. Elizabeth Milteer, 129 Greenfield Crescent, representing Curtis R. and Sarah W. Milteer, spoke in support of the ordinance as presented. Hearing no additional speakers, the public hearing is closed. Council Member Brown, on a motion seconded by Council Member Parr, moved to approve the ordinance, with conditions, by the following roll call vote: AYES: Council Members Barclay, Barlow, Bennett, Brown, Gardy, Parr, and Johnson 7 NAYS: None 0 ABSTAIN (Vice Mayor Milteer abstained) 1 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR A DETACHED ACCESSORY DWELLING UNIT LOCATED AT 1680 AIRPORT, ZONING MAP 44, PARCEL 114A, C11-10 4 City Council Regular Meeting October 20, 2010 Public Hearing – An ordinance granting an Ordinance Text Amendment, OA4-10, initiated by the Suffolk Planning Commission to amend Chapter 31, Article 4, Zoning, Section 31-406, Table 406-1, Principal Uses Permitted in Zoning Districts; and Appendix ‘A’, Definitions 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. Hearing no 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, Council Member Barlow asked for an overview of the proposed amendments as it relates to the agricultural uses in the Unified Development Ordinance. Planning and Community Development Director Mills stated that the proposed amendments are: the expansion of the definition of farmers markets as outlined in the State Code and the inclusion of breweries and wineries. Assistant Community Development Director Tim Davis provided supplementary information about the definition of mini-farms Referring to the presentation, Council Member Barlow opined about a prohibition of hogs on mini-farms in the proposed amendments to the Unified Development Ordinance. Assistant Community Development Director Davis stated that hogs will be permitted on mini-farms under the proposed amendments. Referring to the presentation, Council Member Barlow called for a summary of the proposed amendments as they relate to the location of schools in the Agricultural District and in the Village Conservation District. Planning and Community Development Director Mills outlined the proposed amendments: in the Agricultural District, an elementary or middle school would change from a permitted use to one requiring a Conditional Use Permit; and in the Village Conservation District, an elementary or middle school would no longer require a Conditional Use Permit and would be classified as a permitted use. Referring to the presentation, Vice Mayor Milteer opined about the proposed amendments as they relate to the location of schools in the Agricultural District and in the Village Conservation District. Planning and Community Development Director Mills provided the following explanation of the proposed amendments: in the Agricultural District, an elementary or middle school would change from a permitted use to requiring a Conditional Use Permit; and in the Village Conservation District, an elementary or middle school would no longer require a Conditional Use Permit and would be classified as a permitted use. Referring to the presentation, Council Member Bennett queried about the proposed amendments as they relate to the location of schools in the Agricultural District and in the Village Conservation District. Planning and Community Development Director Mills offered a summary of the proposed amendments: in the Agricultural District, an elementary or middle school would change from a permitted use to requiring a Conditional Use Permit; and in the Village Conservation District, an elementary or middle school would no longer require a Conditional Use Permit and would be classified as a permitted use. 5 City Council Regular Meeting October 20, 2010 Discussion ensued among members of City Council regarding the proposed amendments to the Unified Development Ordinance as they relate to the location of schools in the Agricultural and Village Conservation Districts. Vice Mayor Milteer sought clarification of the motion. City Attorney Roettger stated that the current motion would approve the proposed ordinance in its entirety; however, a member of City Council could offer a substitute motion to amend the proposed ordinance. 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, Brown, Gardy, Parr, and Johnson 5 NAYS: Council Member Barlow and Bennett 2 ABSTAIN: Vice Mayor Milteer 1 AN ORDINANCE TO AMEND CHAPTER 31, ARTICLE 4, ZONING, SECTION 31-406, TABLE 406-1, PRINCIPAL USES PERMITTED IN ZONING DISTRICTS; AND APPENDIX ‘A’, DEFINITIONS OF THE UNIFIED DEVELOPMENT ORDINANCE – OA4-10 Public Hearing - An ordinance granting Subdivision Variance Request V5-10, submitted by David M. and Catherine Vickers, 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 reviewed the background information as printed in the official agenda. David Vickers, 48 Huffman Avenue, Dayton, Ohio, property owner, spoke in support of the proposed ordinance. Hearing no additional speakers, the public hearing was closed. Referring to the presentation, Council Member Gardy opined about the ability of the applicant to create a minor subdivision on the parcel, prior to obtaining the family transfer two years ago. Planning and Community Development Director Mills advised that prior to the applicant obtaining a family transfer, the parcel could have been a minor subdivision by right. Council Member Parr, 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 GRANTING A VARIANCE FROM REQUIREMENTS OF THE UNIFIED DEVELOPMENT ORDINANCE FOR PROPERTY LOCATED AT 3506 PITTMANTOWN ROAD, FURTHER INDENTIFIED AS ZONING MAP 73 PARCEL 8B*C, V5-10 6 City Council Regular Meeting October 20, 2010 Public Hearing - An ordinance granting Subdivision Plat Vacation SPV1-10, for the vacation of a portion of the Brewer’s Meadow subdivision plat to include lots 57 through 63, a portion of Open Space “1” and the cul-de-sac terminus of Brian’s Lane Utilizing a PowerPoint presentation, Planning and Community Development Director Mills submitted a report regarding the background information as printed in the official agenda. Whitney Saunders, 705 W. Washington Street, Saunders and Ojeda, representing The Galberry Corporation, spoke in support of the proposed ordinance. Hearing no additional speakers, the public hearing was closed. 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 VACATE A PORTION OF THE BREWER’S MEADOW SUBDIVISION PLAT TO INCLUDE LOTS 57 THROUGH 63, A PORTION OF OPEN SPACE “1” AND THE CUL-DE-SAC TERMINUS OF BRIAN’S LANE ORDINANCES Ordinance - An ordinance to accept a “Deed - Open Space Easement”, over the common passive open space within the Brewer’s Meadow Cluster Subdivision Utilizing a PowerPoint presentation, Planning and Community Development Director Mills offered a synopsis of the background information as printed in the official agenda. Council Member Gardy, on a motion seconded by Council Member Parr, move to approve the ordinance as presented, with conditions, by the following roll call vote: AYES: Council Members Barclay, Barlow, Bennett, Brown, Gardy, Parr, Milteer, and Johnson 8 NAYS: None 0 AN ORDINANCE TO ACCEPT A CONSERVATION EASEMENT OVER PASSIVE COMMON OPEN SPACE WITHIN THE BREWER’S MEADOW CLUSTER SUBDIVISION, HOLY NECK BOROUGH RESOLUTIONS There were no items under this portion of the agenda. STAFF REPORT There were no items under this portion of the agenda. 7 City Council Regular Meeting October 20, 2010 MOTIONS Motion - A motion to schedule a Work Session for November 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 November 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 There were no individuals registered to speak under this portion of the agenda. NEW BUSINESS City Clerk Dawley announced the following individuals had been nominated to the Substance Abuse and Youth Council: Vanessa Savage and LeOtis Williams. Council Member Parr, on a motion seconded by Council Member Bennett, moved to nominate and appoint the aforementioned individuals, as presented, by the following roll call vote: AYES: Council Members Barclay, Barlow, Bennett, Brown, Gardy, Parr, Milteer and Johnson 8 NAYS: None 0 ANNOUNCEMENTS AND COMMENTS Council Member Barlow announced that he attended the Hampton Roads Chamber of Commerce Military Citizen of the Year Luncheon and the Hampton Roads Crime Line Top Cops Awards Banquet. Council Member Bennett reported that the attended the Hampton Roads Crime Line Top Cops Awards Banquet. Council Member Bennett recognized the Parks and Recreation Department for hosting the recent East Suffolk Community Day. Council Member Bennett opined about the recent American Veterans Traveling Tribute at Bennett’s Creek Park. Council Member Brown expressed his appreciation to the Parks and Recreation Department for host the recent East Suffolk Community Day. Council Member Gardy expressed his condolences to the family of the late Samuel Callis. Council Member Parr congratulated William Hutchings on his appointment as Deputy City Attorney. 8 City Council Regular Meeting October 20, 2010 Council Member Parr opined about the recent East Suffolk Community Day. Council Member Parr reported he attended the South Hampton Roads Alzheimer’s Association Memory Walk and the Genevieve Shelter Domestic Violence Awareness event. Council Member Bennett opined about the recent American Veterans Traveling Tribute at Bennett’s Creek Park. Mayor Johnson reported on the 2010 Peanut Fest and the South Hampton Roads Alzheimer’s Association Memory Walk. Mayor Johnson opined about the recent East Suffolk Community Day. Mayor Johnson expressed her appreciation to Robert and Blake Baker for sponsoring the recent American Veterans Traveling Tribute at Bennett’s Creek Park. Mayor Johnson expressed her condolences to the family of the late Samuel Callis. Council Member Barlow announced the upcoming Hobson Community Celebration. Media and Community Relations Director Deborah George announced these events: the Cans for Cash Recycling Challenge; the Bennett’s Creek Park film series sponsored by the Parks and Recreation Department; the ‘Legends of Sleepy Hole” Halloween event sponsored by the Parks and Recreation Department; Suffolk Restaurant Week; and the opening of Burbage Drive Extended. 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 8:15 p.m. Teste: ________________________________________________ Erika S. Dawley, City Clerk Approved: ____________________________________________ Linda T. Johnson, Mayor APPROVED: NOVEMBER 17, 2010 9