City Council Meeting Agendas

City Council Regular Meeting December 15, 2010 Regular Meeting of the Suffolk City Council was held in the City Council Chamber on Wednesday, December 15, 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 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 Leroy Bennett (excused) 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 December 15, 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, Brown, Gardy, Parr, Milteer and Johnson 7 NAYS: None (Council Member Bennett was excused.) 0 A RESOLUTION OF CERTIFICATION OF THE CLOSED MEETING OF DECEMBER 15, 2010, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting December 15, 2010 APPROVAL OF THE MINUTES Council Member Parr, on a motion seconded by Council Member Gardy, moved to approve the minutes from the November 17, 2010, and December 1, 2010, Work Sessions and Regular Meetings, as presented, by the following roll call vote: AYES: Council Members Barclay, Barlow, Brown, Gardy, Parr, Milteer and Johnson 7 NAYS: None (Council Member Bennett was excused.) 0 SPECIAL PRESENTATIONS Special Presentation – Presentation of the Fiscal Year 2010 Comprehensive Annual Financial Report Finance Director Dale Walker introduced David Hughes, Robinson, Farmer and Cox Associates, the City’s auditors. Referring to the distributed document, Mr. Hughes reviewed the above referenced item. REMOVAL OF ITEM FROM THE CONSENT AGENDA AND ADOPTION OF THE AGENDA Mayor Johnson asked if any members of City Council wished to remove the Consent Agenda item for separate action. Hearing no requests for removal of the Consent Agenda item, Mayor Johnson advised 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 Gardy, moved to adopt the remaining agenda, as presented, by the following roll call: AYES: Council Members Barclay, Barlow, Brown, Gardy, Parr, Milteer and Johnson 7 NAYS: None (Council Member Bennett was excused.) 0 AGENDA SPEAKERS There was no one registered to speak under this portion of the agenda. CONSENT AGENDA The following item was presented on the Consent Agenda for City Council’s consideration: Consent Agenda Item #7 - A RESOLUTION TO CHANGE THE NAME OF THE SUFFOLK MUSEUM TO THE SUFFOLK ART GALLERY 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, Brown, Gardy, Parr, Milteer and Johnson 7 NAYS: None (Council Member Bennett was excused.) 0 2 City Council Regular Meeting December 15, 2010 PUBLIC HEARINGS Public Hearing - An ordinance to authorize the transfer of title to property located at and adjacent to 1217 North Main Street to the Economic Development Authority to the City of Suffolk Utilizing a PowerPoint presentation, Economic Development Director Kevin Hughes submitted 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 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: None (Council Member Bennett was excused.) 0 AN ORDINANCE TO AUTHORIZE THE TRANSFER OF TITLE TO PROPERTY LOCATED AT AND ADJACENT TO 1217 NORTH MAIN STREET TO THE ECONOMIC DEVELOPMENT AUTHORITY TO THE CITY OF SUFFOLK Public Hearing – An ordinance granting a Rezoning Request RZ3-10 (Conditional), Bon Secours Medical Office Building at Harbour View, submitted by J. Randall Royal, P.E., of Kimley-Horn and Associates, Inc., applicant, on behalf of Richard B. Banta, Sr., of Bon Secours Virginia Health System, property owner, to remove the MUD, Mixed Use Development Overlay Zoning District, and revert back to the underlying B-2, General Commercial Zoning District for approximately 23.4 acres Utilizing a PowerPoint presentation, Planning and Community Development Director D. Scott Mills offered an overview of the background information as printed in the official agenda. J. Randall Royal, no address given, Kimley-Horn and Associates, Incorporated, applicant, on behalf of Richard B. Banta, Sr., of Bon Secours Virginia Health System, property owner, spoke in support of the ordinance as presented. Hearing no additional speakers, the public hearing was closed. Referring to presentation, Council Member Barclay queried about the possible development of the parcel adjacent to the land under consideration for rezoning. Planning and Community Development Mills said that the adjacent parcel might be built on in the future, but he would defer to the applicant for additional information. Mr. Royal reiterated that a future time, the adjacent parcel could be developed, but there is currently no specific timeline for improvements. Council Member Barclay, on a motion seconded by Vice Mayor Milteer, moved to approve the ordinance, as presented. 3 City Council Regular Meeting December 15, 2010 Referring to the presentation, Council Member Barlow called for clarification about the current mixed use development overlay zoning district classification, as it relates to the parcel adjacent to the tract under consideration for rezoning. Planning and Community Development Director Mills stated that until any future development occurs on the adjacent property, the current zoning classification would remain in place. Council Member Barclay, on a motion seconded by Vice Mayor Milteer, 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: None (Council Member Bennett was excused.) 0 AN ORDINANCE TO REZONE AND AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SUFFOLK FOR PROPERTY LOCATED AT 5818 HARBOUR VIEW BOULEVARD, FURTHER IDENTIFIED AS ZONING MAP NUMBER 13, PARCELS 2F, 2F*100, 2F*200, 2F*300, 2F*400, 2F*500, 2F*600, RZ3-10 (CONDITIONAL) Public Hearing - An ordinance granting an Ordinance Text Amendment, OA6-10, initiated by the Suffolk Planning Commission to amend Chapter 31 Article 2, Section 31-202, Board of Zoning Appeals,(d) Lot Dimension Waivers; Article 5, Section 31-508, Preliminary Plat, (c) Preliminary Plat Procedure, and (f) (2), Approval and Filing of a Preliminary Plat; Article 6, Section 31-606, Parking and Loading Standards, (c) Parking and/or Storage of Certain Vehicles Prohibited in Specific Districts, and; Article 7, Section 31-706, Group Homes (a) and (b), of the Unified Development Ordinance Utilizing a PowerPoint presentation, Planning and Community Development Director Mills supplied a synopsis of the background information as printed in the official agenda. Hearing no speakers, the public hearing was closed. Council Member Barclay sought additional information about the City’s current regulations as it relates to parking recreational vehicles. Planning and Community Development Director Mills explained that the proposed language clarifies the keeping of self-propelled recreational equipment and commercial vehicles as well as their locations in residential and commercial districts. He further explained the amendment also provides that motor vehicles which are parked or stored in all residential districts be located on a designated improved driveway in front of or beside the dwelling. 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, Brown, Gardy, Parr, Milteer and Johnson 7 NAYS: None (Council Member Bennett was excused.) 0 AN ORDINANCE TO AMEND CHAPTER 31, SECTION 31-202, SECTION 31-508, SECTION 31-606, AND SECTION 31-706 OF THE UNIFIED DEVELOPMENT ORDINANCE 4 City Council Regular Meeting December 15, 2010 Public Hearing – Appeal of Historic Landmarks Commission Decision - Certificate of Appropriateness Request HC-2010-49 by Harland Evans on behalf of Yvonne Evans Wynn (property owner) for an after-the-fact installation of vinyl siding on a residential structure located at 316 Pinner Street Utilizing a PowerPoint presentation, Planning and Community Development Director Mills gave a summation of the background information as printed in the official agenda. Robert Evans, 2706 Greenwood Drive, Portsmouth, Virginia, representing Yvonne Evans Wynn, property owner, spoke in support of the appeal. G. Stewart Tyler, 801 Normandy Drive, representing the Historic Landmarks Commission, spoke in opposition to the appeal. Hearing no additional speakers, the public hearing was closed. Referring to the presentation, Council Member Barclay queried about the issuance of a stop work order. Planning and Community Development Director Mills reported that a stop work order was issued until this matter could be resolved. Referring to the presentation, Council Member Barclay opined about the reason the applicant did not apply for a certificate of appropriateness. Planning and Community Development Director Mills advised that he believed that applicant was not aware that the certificate was required. Referring to the presentation, Council Member Barclay sought additional information about the requirement of a building permit to install vinyl siding. Planning and Community Development Director Mills said that the City does not require a permit for the installation of vinyl siding. Referring to the presentation, Council Member Barclay inquired about the City’s ability to obtain historic tax credits, in the event that there are properties with vinyl siding in the Historic Conservation Overlay District. Planning and Community Development Director Mills explained that the City is a certified local government, and some tax credit opportunities maybe be eliminated if there is a repeated pattern of allowing vinyl siding. Referring to the presentation, Council Member Brown requested information about any homes in the Historic Conservation Overlay District that currently have vinyl siding. Planning and Community Development Director Mills replied that he was not aware of this information. Referring to the presentation, Council Member Brown opined about setting a precedent regarding the permissibility of vinyl siding in the Historic Conservation Overlay District, should City Council approve the appeal under consideration. Planning and Community Development Director Mills indicated that he believes the City would be setting a precedent regarding the permissibility of vinyl siding in the district, should the appeal under consideration be approved. 5 City Council Regular Meeting December 15, 2010 Referring to the presentation, Council Member Barlow called for clarification of the meaning of the language in the Unified Development Ordinance requiring a certificate of appropriateness where the exterior appearance of any structure as viewed from any street or public way is involved. Planning and Community Development Director Mills reported that the language means if any changes to a structure can be seen from the street in the Historic Conservation Overlay District, then those changes must approved by the Historic Landmarks Commission. Referring to the presentation, Council Member Barlow asked about permissible changes to a structure located in the Historic Conservation Overlay District. Planning and Community Development Director Mills advised that changes to the outside of a structure are prohibited unless they meet regulations outlined in the Unified Development Ordinance and receive the approval of the Historic Landmarks Commission. He added that if the owner is seeking historic tax credits, there are regulations that prohibit certain interior alterations as well. Council Member Gardy, on a motion seconded by Council Member Brown, moved to direct staff to present a report at the January 19, 2011, City Council meeting on the City’s historic district and related regulations and to continue consideration of the appeal of HC-2010-49 to the February 16, 2011, City Council meeting. Referring to the motion, Council Member Barclay requested clarification of the motion. Planning and Community Development Director Mills stated that the motion directed staff to present a report at the January 19, 2011, City Council meeting on the City’s historic district and related regulations and to continue consideration of the appeal of HC-2010-49 to the February 16, 2011, City Council meeting. Council Member Parr sought information about the financial benefits of owning a home in the Historic Conservation Overlay District. Planning and Community Development Director Mills replied that he could not speak to the financial benefits from a homeowner’s point of view; however, the City has obtained some modest grants for improvements to properties within the Historic Conservation Overlay District. Mayor Johnson opined about the reason for the expansion of the boundaries of the Historic Conservation Overlay District in 1999. Planning and Community Development Director Mills indicated a general interest in historic preservation at that time precipitated the additions to the Historic Conservation Overlay District Council Member Gardy, on a motion seconded by Council Member Brown, moved to direct staff to present a report at the January 19, 2011, City Council meeting on the City’s historic district and related regulations and to continue consideration of the appeal of HC-2010-49 to the February 16, 2011, City Council meeting, by the following roll call vote: AYES: Council Members Barclay, Barlow, Brown, Gardy, Parr, Milteer and Johnson 7 NAYS: None (Council Member Bennett was excused.) 0 6 City Council Regular Meeting December 15, 2010 ORDINANCES Ordinance - 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 (This item was continued from the November 15, 2010, City Council meeting.) Utilizing a PowerPoint presentation, Planning and Community Development Director Mills offered a report on the background information as printed in the official agenda. He added that the City offered the applicant the following option in order to proceed with the requested conditional use permit: a pro-rata contribution by the Children’s Center in the amount of $63, 590 for the installation of a left turn lane. Referring to the presentation, Council Member Parr queried about the status of the street where the parcel under consideration is located, Executive Drive. Planning and Community Development Director Mills advised that Executive Drive is a publicly dedicated roadway which is privately maintained. Referring to the presentation, Council Member Parr inquired about the responsibility for street maintenance of Executive Drive, on which the parcel under consideration is located. Planning and Community Development Director Mills reported that currently the maintenance of the street on which the parcel under consideration is located is the responsibility of the property owner. Referring to the presentation, Council Member Barclay called for information about the applicant’s ability to obtain a letter of credit to finance the installation of a left turn lane. Planning and Community Development Director Mills stated that he has been advised by the applicant that they have no ability to obtain a letter for credit for such improvements. Referring to the presentation, Council Member Gardy sought information about the method of deriving the $63,590 pro-rata share for the Children’s Center to install the left turn lane. Planning and Community Development Director Mills explained that the amount was determined based on the percentage of the traffic that the facility would generate, should their request for the conditional use permit be approved. Referring to the presentation, Council Member Parr opined about the City’s willingness to accept a letter of credit in the amount of $63,590 in order the applicant to finance the installation of a left turn lane. City Manager Cuffee-Glenn replied in the affirmative. City Attorney Roettger added that should City Council provide direction to this effect, it would be feasible. Referring to the presentation, Council Member Parr asked the applicant if it would be feasible to obtain an irrevocable letter of credit in the amount of $63,590 in order to finance the installation of a left turn lane. Tamie Rittenhouse, The Children’s Center, applicant, explained that might be feasible; however, she would need to present this matter to her Board of Directors for its consideration and approval. Referring to the presentation, Council Member Parr solicited information about the applicant’s possible need for another deferral of consideration of this item, in order to present the matter of the letter of credit to the Children’s Center Board of Directors. City Manager Cuffee-Glenn explained that should it be the will of City Council, the proposed ordinance could be approved with the letter of credit item included as one of the required conditions. 7 City Council Regular Meeting December 15, 2010 Referring to the presentation, Council Member Parr requested information on the applicant’s ability to finance the installation of the left turn lanes with cash. Ms. Rittenhouse advised that option would not be feasible for her organization. Council Member Parr queried about the applicant’s ability to seek other financing options for the installation of the left turn lane. Ms. Rittenhouse stated that her organization would continue to seek grants and other alternative funding mechanisms in order to finance the installation of the left turn lane. Council Member Barclay, on a motion seconded by Council Member Brown, moved to approve the ordinance as presented with the amendment of condition one as follows: the posting of a stand-by letter of credit in the amount of $63,590 from a surety and on terms acceptable to the City, or a promissory note payable to the City in the amount of $63,590 on terms acceptable to the City, for the installation of a left turn lane on Wilroy Road at Executive Court in accordance with Section 4.2.2. of the Public Facilities Manual as in force at the time the lane is constructed. Referring to motion, Council Member Parr asked if this language made the letter of credit irrevocable. Council Member Barclay indicated that this language met that end. City Attorney Roettger reiterated that point. Council Member Barclay, on a motion seconded by Council Member Brown, moved to approve the ordinance as presented with the amendment of condition one to read as follows: the posting of a stand-by letter of credit in the amount of $63,590 from a surety and on terms acceptable to the City, or a promissory note payable to the City in the amount of $63,590 on terms acceptable to the City, for the installation of a left turn lane on Wilroy Road at Executive Court in accordance with Section 4.2.2. of the Public Facilities Manual as in force at the time the lane is constructed. AYES: Council Members Barclay, Barlow, Brown, Gardy, Parr, Milteer and Johnson 7 NAYS: None (Council Member Bennett was excused.) 0 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW THE EXPANSION OF THE CHILD DAY CARE CENTER ON PROPERTY LOCATED AT 300 EXECUTIVE COURT, OFFICIAL ZONING MAP NUMBER 26, PARCEL 35C*2 AND A PORTION OF 35D-C13-10, AS AMENDED RESOLUTIONS There were no items under this portion of the agenda. 8 City Council Regular Meeting December 15, 2010 STAFF REPORT Staff Report – Municipal Center Complex Master Plan Deputy City Manager Roberts introduced Howard Collins, Waller, Todd, and Sadler Architects, the City’s Municipal Center consultants. Mr. Collins introduced the following individuals, who gave a PowerPoint report on a proposed Municipal Center Complex Master Plan: Maureen McElfresh, Project Manager; and Allen Beatty, Executive Consultant-Public Safety, Macro Corporation. Mr. Collins and Mr. Beatty submitted information on the aforementioned item. Deputy City Manager Roberts concluded with information on the City’s next steps regarding the aforementioned item. Referring to the presentation, Council Member Parr sought clarification about the location of the proposed Emergency 911 Tower. Deputy City Manager Roberts replied that the specific location has not yet been finalized. Referring to the presentation, Council Member Parr inquired about the possibility of combining offices with similar functions in the proposed Municipal Center Complex. Deputy City Manager Roberts advised that the floor plans in the presentations are only conceptual at this point, but the matter could be taken under consideration. Referring to the presentation, Council Member Parr queried about the proximity of departments with connected services in the new Municipal Center Complex. Deputy City Manager Roberts stated that departments with connected services would be placed in proximity to one another in the new Municipal Center Complex Referring to the presentation, Council Member Parr asked if the proposed Municipal Center Complex would be compliant with the standards in the Americans with Disabilities Act. Deputy City Manager Roberts replied in the affirmative. Referring to the presentation, Council Member Parr opined about the existing groundwater situation as it relates to the proposed Municipal Center Complex. Ms. McElfresh said that the situation will need to be addressed in order to avoid related problems. Referring to the presentation, Council Member Brown called for information about possible funding methods for the proposed Municipal Center Complex. Deputy City Manager Roberts reported that funding mechanisms are being explored. Referring to the presentation, Council Member Parr sought clarification about the original inclusion of the Emergency 911 Tower in a proposed fire station. Deputy City Manager Roberts explained initially, the proposed Emergency 911 Tower was going to be included in a future new fire station, however, that plan needed to be amended in order to accommodate the more urgent need for a new tower. Referring to the presentation, Council Member Brown inquired about this project’s impact on the School Board’s request for funding of a new elementary school in the southern part of the City. City Manager Cuffee-Glenn advised that the City is pursuing state funds for the new school in accordance with City Council’s prior direction. 9 City Council Regular Meeting December 15, 2010 MOTIONS Motion - A motion to schedule a Work Session for January 19, 2011, at 4:00 p.m., unless canceled or called earlier by the Mayor Council Member Gardy, on motion seconded by Council Member Barclay, moved to schedule a Work Session on January 19, 2011, at 4:00 p.m., unless canceled or called earlier by the Mayor, by the following roll call vote: AYES: Council Members Barclay, Barlow, Brown, Gardy, Parr, Milteer and Johnson 7 NAYS: None (Council Member Bennett was excused.) 0 NON-AGENDA SPEAKERS There were no speakers under this portion of the agenda. NEW BUSINESS Mayor Johnson asked City Clerk Dawley if there were any New Business items for consideration. City Clerk Dawley presented the following nomination for City Council’s consideration: Substance Abuse and Youth Council – Renyetta Banks. Vice Mayor Milteer, on a motion seconded by Council Member Gardy, moved to appoint the above referenced individual to the aforementioned body, by the following roll call vote: AYES: Council Members Barclay, Barlow, Brown, Gardy, Parr, Milteer and Johnson 7 NAYS: None (Council Member Bennett was excused.) 0 ANNOUNCEMENTS AND COMMENTS Media and Community Relations Director Deborah George announced the upcoming Oath of Office Ceremony and Reorganizational Meeting on January 3, 2011. Council Member Barclay reported on a recent holiday reception sponsored by General Stephane Abrial, General Raymond Odierno, and Admiral J.C. Harvey, Jr. Council Member Barlow announced that he attended a holiday reception hosted by General Stephane Abrial, General Raymond Odierno, and Admiral J.C. Harvey, Jr. Council Member Barlow provided information from this year’s Virginia Governor’s Transportation Conference he attended. Council Member Brown requested City Manager Cuffee-Glenn investigate the condition of the ditches on the 3800 block of East Washington Street, near Oak Grove Baptist Church. 10 City Council Regular Meeting December 15, 2010 Council Member Brown congratulated the members of the Suffolk Inner City Athletic Association who participated in the 2010 Pop Warner National Cheer and Dance Championships Council Member Gardy recognized the members of the Lakeland High School Girls’ Field Hockey Team who served as the Grand Marshalls in the City’s Holiday Parade. Council Member Gardy acknowledged the installation of the signs recognizing Suffolk as one of “America’s 100 Best Small Cities” by CNN Money Magazine. Council Member Parr called on City Manager Cuffee-Glenn to investigate the City’s regulations as it relates to the installation of handicapped ramps and related accessibility matters. ADJOURNMENT Council Member Parr, on a motion seconded by Council Member Barclay, moved to adjourn, by the following roll call vote: AYES: Council Members Barclay, Barlow, Brown, Gardy, Parr, Milteer and Johnson 7 NAYS: None (Council Member Bennett was excused.) 0 There being no further business to come before City Council, the regular meeting was adjourned at 9:30 p.m. Teste: ________________________________________________ Erika S. Dawley, City Clerk Approved: ____________________________________________ Linda T. Johnson, Mayor APPROVED: JANUARY 19, 2011 11