City Council Meeting Agendas

City Council Regular Meeting November 17, 2010 Regular Meeting of the Suffolk City Council was held in the City Council Chamber on Wednesday, November 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 Pledge of Allegiance to the Flag. FREEDOM OF INFORMATION ACT CERTIFICATION City Clerk Dawley presented a resolution certifying the Closed Meeting of November 17, 2010, pursuant to Section 2.2-3712 of the Code of Virginia (1950), as amended. Council Member Gardy, 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, Barlow, Bennett, Brown, Gardy, Parr, Milteer and Johnson 8 NAYS: None 0 A RESOLUTION OF CERTIFICATION OF THE CLOSED MEETING OF NOVEMBER 17, 2010, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting November 17, 2010 APPROVAL OF THE MINUTES Council Member Parr, on a motion seconded by Council Member Gardy, moved to approve the minutes from the October 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 - Holiday Events Utilizing a PowerPoint presentation, Parks and Recreation Director Lakita Frazier and Tourism Manager Lynette White submitted a report on the aforementioned item. REMOVAL OF ITEMS FROM THE CONSENT AGENDA AND ADOPTION OF THE AGENDA Mayor Johnson announced that there was an addition to the agenda. City Manager Cuffee-Glenn presented the following item: an ordinance making certain editorial corrections to Ordinance Number 10-O-069 relating to family transfer subdivision ordinance variance. Mayor Johnson asked if any members of City Council wished to remove any items from the Consent Agenda for separate action. Hearing no requests for removal of any Consent Agenda items, Mayor Johnson advised that a motion was in order at this time to add the aforementioned resolution and adopt the agenda in its entirety. Council Member Bennett, on a motion seconded by Council Member Parr, moved to amend the agenda to add the aforementioned resolution and adopt the remaining 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 AUTHORIZING THE INITIAL PAYMENT FOR CITY SOFTWARE REPLACEMENT NEEDS FROM THE CITY’S INFORMATION TECHNOLOGY FUND BALANCE 2 City Council Regular Meeting November 17, 2010 Consent Agenda Item #8 - A RESOLUTION TO ACCEPT AND APPROPRIATE FUNDS FOR THE CITY OF SUFFOLK LITTER PREVENTION AND RECYCLING PROGRAM Consent Agenda Item #9 - AN ORDINANCE MAKING CERTAIN EDITORIAL CORRECTIONS TO ORDINANCE NUMBER 10-O-069 RELATING TO FAMILY TRANSFER SUBDIVISION ORDINANCE VARIANCE 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, Barlow, Bennett, Brown, Gardy, Parr, Milteer and Johnson 8 NAYS: None 0 PUBLIC HEARINGS Public Hearing – An ordinance granting Conditional Use Permit Request C12-10, A & B Propane, submitted by Brian J. Layne, of Art-Ray Corporation, applicant, on behalf of Douglas R. Fohl, of ADF Properties, property owner, to allow fuel sales (not including Gasoline Service Stations), 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 gave a summation of the background information as printed in the official agenda. Brian J. Layne, 200 Loomis Road, representing Art-Ray Corporation, applicant, on behalf of Douglas R. Fohl, of ADF Properties, property owner, spoke in support of the proposed ordinance. Hearing no additional speakers, the public hearing was closed. Council Member Parr, on a motion seconded by Council Member Brown, 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 TO ALLOW FUEL SALES (NOT INCLUDING GASOLINE SERVICE STATIONS) ON PROPERTY LOCATED AT 1416 HOLLAND ROAD, ZONING MAP 33, PARCEL 59-C12-10 Public Hearing - An ordinance granting a Conditional Use Permit Request C13-10, The Children’s Center, submitted by Tamie S. Rittenhouse of The Children’s Center, applicant, on behalf of The Children’s Center and George W. Cornell Et. Als., property owners, to permit the expansion of a Child Day Care Center, in accordance with Sections 31-306 and 31-406 of the Unified Development Ordinance Utilizing a PowerPoint presentation, Planning and Community Development Director Mills offered an overview of the background information as printed in the official agenda. 3 City Council Regular Meeting November 17, 2010 James Bradford, 325 Volvo Parkway, Hassel and Folkes, P.C., representing applicant Tamie Rittenhouse and property owners and George W. Cornell et. als, of The Children’s Center, spoke in support of the ordinance with the exception of condition number #1 related to the installation of both a right and turn lane on Wilroy Road at Executive Court. Tamie Rittenhouse, 817 General Pickett Drive, applicant representing The Children’s Center, spoke in support of the ordinance with the exception of condition number #1 related to the installation of both a right and left turn lane on Wilroy Road at Executive Court. Jewel Goodman, 1917 Nansemond Parkway, representing self, spoke in support of the ordinance. Hearing no additional speakers, the public hearing is closed. Referring to the presentation, Council Member Barlow sought clarification of the recommendations regarding the installation of the left and right turn lanes when the Children’s Center sought to expand in 2001. Planning and Community Development Director Mills reported that in 2001 when the Children’s Center sought to expand, the installation of left and right turn lanes was recommended by the Planning Commission. Referring to the presentation, Council Member Parr opined about the feasibility of reducing the speed limit to 35 miles per hour on Wilroy Road in lieu of installing the left and right turn lanes. Public Works Director Eric Nielsen said that speed limit is only one factor among several in determining the need for left and right turn lanes at Wilroy Road and Executive Court. Referring to the presentation, Council Member Parr asked if there was an opportunity for the original developer to share the cost of installing the left and right turn lanes. Planning and Community Development Director Mills stated that if the original developer develops the remaining three parcels in the area, it might be an option. Referring to the presentation, Council Member Parr inquired about the feasibility of installing the left turn lane only. Planning and Community Development Director Mills advised that the left turn lane is the most critical need. Referring to the presentation, Council Member Parr requested information about the cost of installing the left turn lane only. Planning and Community Development Director Mills replied that he did not have a specific dollar amount, but the installation of the left turn lane only would reduce the overall cost. Referring to the presentation, Council Member Bennett queried about an opportunity for the original developer to share the cost of installation of the left and right turn lanes. Planning and Community Development Director Mills indicated that as there are three remaining parcels available for development, there could be an opportunity for the original developer to share the cost. Referring to the presentation, Council Member Bennett queried about impact of the increased train traffic on vehicle traffic on Wilroy Road and Nansemond Parkway. Planning and Community Development Director Mills said he does not have that data available. 4 City Council Regular Meeting November 17, 2010 Referring to the presentation, Council Member Brown opined about the need to install the left and right turn lanes as it relates to the number of children served at the facility. Planning and Community Development Director Mills explained that the installation of the left and right turn lanes is warranted due to the overall need for public safety. Referring to the presentation, Council Member Barclay queried about need for the installation of left and right turn lanes. Planning and Community Development Director Mills advised that the proposed expansion will increase traffic on an already busy roadway; therefore, the improvements are warranted. Vice Mayor Milteer moved to continue consideration of the proposed ordinance to the February 16, 2011, City Council meeting. Referring to the presentation, Mayor Johnson called for information regarding the developer’s willingness to participate in a cost sharing arrangement for the installation of the left and right turn lanes. Planning and Community Development Director Mills stated that he was not aware of any proposal at this time. Vice Mayor Milteer, on a motion seconded by Council Member Bennett moved to continue consideration of the proposed ordinance to the February 16, 2011, City Council meeting. Referring to the presentation, Council Member Parr asked if the setbacks on the plat are designated left and right turn lanes. Planning and Community Development Director Mills stated that he was not aware if the setbacks were for turn lanes. Referring to the presentation, Council Member Parr inquired about any possible adverse impact on the applicant’s federal funding, should the proposed ordinance be continued to the February 16, 2011 City Council meeting. Mr. Bradford deferred to Ms. Rittenhouse. Referring to the presentation, Council Member Parr solicited the approximate cost for the installation of the left turn lane. Mr. Bradford reported that the installation of the left turn lane would comprise about 75% of the approximated $250,000 total cost of both turn lanes. Referring to an earlier question from Council Member Parr, Ms. Rittenhouse stated that should the proposed ordinance be continued until the February 16, 2011, City Council meeting, the federal funding for the proposed expansion might be in peril. She added that a 30-day continuance would be more feasible as it relates to the funding issue. Referring to the presentation, Council Member Parr sought information about the impact of the requirement of the left turn lane as it relates to the feasibility of the proposed expansion. Ms. Rittenhouse explained that the Children’s Center could not afford the expansion should it be required to finance the installation of a left turn lane. Council Member Parr, on a substitute motion seconded Council Member Brown, moved to continue consideration of the proposed ordinance to the December 15, 2010, City Council meeting. The maker of the primary motion, Vice Mayor Milteer, withdrew the main motion with the consent of Council Member Bennett who offered the second. 5 City Council Regular Meeting November 17, 2010 Council Member Parr, on a motion seconded by Council Member Brown, moved to continue consideration of the ordinance to the December 15, 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 Public Hearing – An ordinance granting an Ordinance Text Amendment, OA05-10, to amend the Code of the City of Suffolk, Chapter 31, Unified Development Ordinance, Section 31-404, Zoning Map (d) (1) to designate as the Official Zoning Map such data as maintained by the City of Suffolk’s Geographic Information System as the Official Zoning District Map 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 Barclay, 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 TO AMEND CHAPTER 31, THE UNIFIED DEVELOPMENT ORDINANCE OF THE CODE OF THE CITY OF SUFFOLK BY AMENDING SECTION 31-404, ZONING MAP (d) (1) TO DESIGNATE THE GEOGRAPHIC INFORMATION SYSTEM AS THE DISTRICT ZONING MAP AND THE OFFICIAL ZONING MAP – 0A5-10 Public Hearing - An ordinance authorizing the lease of Box Hangar #7 on certain property owned by the City of Suffolk located at the Suffolk Executive Airport Utilizing a PowerPoint presentation, Capital Programs and Buildings Director Gerry Jones reviewed the background information as printed in the official agenda. Larry Pennington, no address given, representing Skydive Suffolk, spoke in support in support of the proposed ordinance. The following individuals spoke in opposition to the proposed ordinance: Steven Decker, 1200 Gene Bolton Drive, representing Decker Aviation. Michael Long, no address given, representing Longhill Enterprises, Incorporated. Larry Byers, 4029 Palmer Court, representing Decker Aviation. Don Anklin, no address given, representing Fighter Factory. 6 City Council Regular Meeting November 17, 2010 Tom Kertz, 1164 Nansemond Parkway, representing self. Hearing no additional speakers, the public hearing was closed. Referring to the presentation, Council Member Parr called for a review of the funding background of the hangar. Airport Manager Kent Marshall reported that the hangar was built with City funds. Referring to the presentation, Council Member Parr queried about any restricted uses for the hangar. Airport Manager Marshall stated that the only requirement is that it must be an aviation use. Referring to the presentation, Council Member Parr asked if the bid package indicated that fuel sales needed to be included in the submissions. Capital Programs and Buildings Director Jones explained that all bidders were asked to provide information about all possible benefits to the City. Referring to the presentation, Council Member Parr opined about the next steps, should City Council approve the proposed resolution. Airport Manager Marshall said that Skydive Suffolk would vacate their current structures, and he was not sure what the next steps would be for Decker Aviation. Mr. Decker said that if he was awarded the bid, he would not vacate his current premises. Council Member Barclay, on a motion seconded by Council Member Brown, moved to approve the ordinance, as presented. Referring to the presentation, Council Member Bennett opined about the feasibility of a five-year lease. City Manager Cuffee-Glenn polled the public hearing speakers on the question. Misters Pennington and Decker indicated they would be interested in a long-term lease of an airport hanger if one became available. Council Member Gardy called for the question. Council Member Barclay, 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 AUTHORIZING THE LEASE OF BOX HANGAR #7 ON CERTAIN PROPERTY OWNED BY THE CITY OF SUFFOLK LOCATED AT THE SUFFOLK EXECUTIVE AIRPORT Public Hearing - An ordinance authorizing the City Manager to enter into a Development Agreement with the Nansemond Indian Tribal Association for the transfer of a portion of Tax Map Parcel Number 10*46 and to execute certain related documents Utilizing a PowerPoint presentation, Deputy City Manager Patrick Roberts submitted a summation regarding the background information as printed in the official agenda. The following individuals spoke in support of the ordinance as presented: 7 City Council Regular Meeting November 17, 2010 Earl Bass, 102 Deer Trail, representing Nansemond Indian Tribal Association. Jesse Bass, no address given, representing Nansemond Indian Tribal Association. Lynn Rose, 6001 Everetts Road, representing self. Catherine Jones, Post Office Box 2011, representing self. Janice Holland, 541 Lake Kilby Road, representing self. Dorothy Bland Gamble, 5504 Godwin Boulevard, representing self. Chief Earl Bass, no address given, representing Nansemond Indian Tribal Association. Hearing no additional speakers, the public hearing was closed. Council Member Barlow, on a motion seconded by Council Member Parr, moved to approve the ordinance, as presented. Referring to presentation, Council Member Bennett inquired about the responsibility for off-site improvements as it relates to the proposed agreement. Deputy City Manager Roberts advised that the proposed agreement only speaks to the responsibility for on-site improvements. He said once the Nansemond Indian Tribal Association submits its proposal to the Planning and Community Development Department, it would undergo the required site plan review process, and any required off-site improvements would be addressed at that time. Referring to the presentation, Council Member Bennett opined about the possible requirement for the Nansemond Indian Tribal Association to make off-site improvements to the property under consideration. City Manager Cuffee-Glenn reiterated that it is premature to discuss off-site improvements until the Association submits a proposal to the Planning and Community Development Department for the site plan review process. She solicited an opinion from City Attorney Roettger, who concurred with the assessment outlined by City Manager Cuffee-Glenn. 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, Brown, Gardy, Parr, Milteer and Johnson 7 NAYS: Council Member Bennett 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A DEVELOPMENT AGREEMENT WITH THE NANSEMOND INDIAN TRIBAL ASSOCIATION FOR THE TRANSFER OF A PORTION OF TAX MAP PARCEL NUMBER 10*46 AND TO EXECUTE CERTAIN RELATED DOCUMENTS City Council recessed at 9:05 p.m. and reconvened at 9:15 p.m. 8 City Council Regular Meeting November 17, 2010 ORDINANCES There were no items under this portion of the agenda. RESOLUTIONS Resolution - A resolution adopting the 2011 Legislative Agenda for the City of Suffolk Utilizing a PowerPoint presentation, Chief of Staff Sherry Hunt offered a report of the background information as printed in the official agenda. Referring to the PowerPoint, she advised City Council that there was an additional item to consider added to the proposed resolution and agenda: The City of Suffolk will monitor the changes in mail services and work with our legislative representatives in communicating concerns being voiced by our citizens.” Referring to the presentation, Vice Mayor Milteer opined about the reduction in hours at the United States Postal Service facilities in the areas of Chuckatuck, Crittenden, and Driver, as it relates to the employees. Chief of Staff Hunt indicated the she was not aware of any information on this matter. Council Member Gardy, on a motion seconded by Council Member Barclay, moved to approve the resolution to include the aforementioned additional language about the United States Postal Service, by the following roll call vote: AYES: Council Members Barclay, Barlow, Bennett, Brown, Gardy, Parr, Milteer and Johnson 8 NAYS: None 0 A RESOLUTION ADOPTING THE 2011 LEGISLATIVE AGENDA FOR THE CITY OF SUFFOLK Resolution - A resolution authorizing lease financing for lights at John F. Kennedy as well as for various City vehicles and equipment for Fiscal Year 2011 Utilizing a PowerPoint presentation, Finance Director Dale Walker presented the background information as printed in the official agenda. Council Member Parr, on a motion seconded by Council Member Barclay, 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 AUTHORIZING LEASE FINANCING FOR LIGHTS AT JOHN F. KENNEDY AS WELL AS FOR VARIOUS CITY VEHICLES AND EQUIPMENT FOR FISCAL YEAR 2011 STAFF REPORT There were no items under this portion of the agenda. 9 City Council Regular Meeting November 17, 2010 MOTIONS Motion - A motion to schedule a public hearing for the December 1, 2010, City Council meeting to receive public comment regarding the City of Suffolk’s transfer of the Crittenden Well and Pipeline to the Western Tidewater Water Authority Council Member Gardy, on motion seconded by Council Member Parr, moved to schedule a public hearing for the December 1, 2010, City Council meeting to receive public comment regarding the City of Suffolk’s transfer of the Crittenden Well and Pipeline to the Western Tidewater Water Authority, 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 public hearing for December 15, 2010, to consider an appeal of the Historic Landmarks Commission’s decision to deny an after-the-fact installation of vinyl siding Council Member Gardy, on a motion seconded by Council Member Parr, moved to schedule a public hearing for the December 15, 2010, City Council meeting to consider an appeal of the Historic Landmarks Commission’s decision to deny an after-the-fact installation of vinyl siding, 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 December 1, 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 December 1, 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 presented the following resolution for City Council’s consideration: a resolution to appropriate funds from the General Unassigned and Assigned Fund Balance for “One Time” needs of the City of Suffolk. 10 City Council Regular Meeting November 17, 2010 Utilizing a PowerPoint presentation, Budget Office Anne Seward provided a summary of the aforementioned item. 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 APPROPRIATE FUNDS FROM THE GENERAL UNASSIGNED AND ASSIGNED FUND BALANCE FOR “ONE TIME” NEEDS OF THE CITY OF SUFFOLK City Clerk Dawley announced the following individuals had been nominated to the Early Childhood Development Commission: Lakita Frazier, Karen Gunter, Bonnie Maki, Virginia Staylor, and Lori White. 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 Media and Community Relations Director Deborah George presented the following items: Grand Opening for the Visitors Center; street closure on East Washington Street; and video presentation of the “Another View” Program from WHRO regarding the renovation of the former East Suffolk High School. Council Member Barclay reported that has been contacted by a resident regarding changes to the parental controls on the Charter Internet system. Council Member Barlow announced the Annual Candlelight Tour in Chuckatuck sponsored by the Suffolk Nansemond Historical Society. Council Member Bennett advised City Council that he attended a ribbon cutting for the LWSS Family Dentistry and the grand opening for the Mills Companies. Vice Mayor Milteer reported some potholes on the 400 block of Wellons Street. Council Member Gardy opined about the new Visitors Center. Council Member Gardy extended his congratulations to the Lakeland High School Girls Field Hockey Team winning the Virginia High School League State Championship. Council Member Parr congratulated Suffolk Christian Church on its 150th Anniversary and Little Mount Zion Church on its 130th Anniversary. 11 City Council Regular Meeting November 17, 2010 Mayor Johnson announced the grand opening for the new Visitors Center, the South Hampton Roads Leadership Prayer Breakfast and the Pilot Club Safety Tree Lighting. Mayor Johnson acknowledged Mr. LeOtis Williams for his upcoming LeOtis Williams for his annual thanksgiving food give away. Mayor Johnson thanked Economic Development Director Kevin Hughes for his efforts to assist businesses in the Harborview area. 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, Barlow, Bennett, Brown, Gardy, Parr, Milteer and Johnson 8 NAYS: None 0 There being no further business to come before City Council, the regular meeting was adjourned at 9:50 p.m. Teste: ________________________________________________ Erika S. Dawley, City Clerk Approved: ____________________________________________ Linda T. Johnson, Mayor APPROVED: DECEMBER 15, 2010 12