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City Council Meeting Agendas

Regular Meeting

Suffolk, VA · March 21, 2012

AgendaMinutes

Minutes

City Council Regular Meeting March 21, 2012 Regular Meeting of the Suffolk City Council was held in the City Council Chamber on Wednesday, March 21, 2012, at 7:00 p.m. PRESENT Council Members - Linda T. Johnson, Mayor, presiding Charles F. Brown, Vice Mayor Robert C. Barclay IV Leroy Bennett Michael D. Duman Jeffrey L. Gardy Curtis R. Milteer, Sr. Charles D. Parr, Sr. Selena Cuffee-Glenn, City Manager Helivi L. Holland, City Attorney Erika S. Dawley, City Clerk ABSENT None CALL TO ORDER/INVOCATION/PLEDGE OF ALLEGIANCE Mayor Johnson called the meeting to order, and Council Member 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 March 21, 2012, 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 vote: AYES: Council Members Barclay, Bennett, Duman, Gardy, Milteer, Parr, Brown, and Johnson 8 NAYS: None 0 A RESOLUTION OF CERTIFICATION OF THE CLOSED MEETING OF MARCH 21, 2012, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting March 21, 2012 APPROVAL OF THE MINUTES Council Member Gardy, on a motion seconded by Council Member Duman, moved to approve the minutes from the March 7, 2012, Work Session and Regular Meeting, as presented, by the following vote: AYES: Council Members Barclay, Bennett, Duman, Gardy, Milteer, Parr, Brown, and Johnson 8 NAYS: None 0 SPECIAL PRESENTATIONS Special Presentation - Presentation of a resolution posthumously recognizing Sylvester Jones for his years of service to the City of Suffolk Mayor Johnson presented the aforementioned resolution. Council Member Bennett, on a motion seconded by Vice Mayor Brown, moved to approve the resolution as presented, by the following roll call vote: AYES: Council Members Barclay, Bennett, Brown, Duman Gardy, Milteer, Parr, and Johnson 8 NAYS: None 0 A RESOLUTION POSTHUMOUSLY RECOGNIZING SYLVESTER JONES FOR HIS YEARS OF SERVICE TO THE CITY OF SUFFOLK 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 item from the Consent Agenda for separate action. Hearing no requests for removal of the item, Mayor Johnson advised that a motion was in order at this time to adopt the remaining 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 vote: AYES: Council Members Barclay, Bennett, Duman, Gardy, Milteer, Parr, Brown, and Johnson 8 NAYS: None 0 AGENDA SPEAKERS Erika Hoggard, 243 Wexford Drive West, applicant, representing Tabernacle Baptist Church, spoke in support of an ordinance granting Conditional Use Permit Request C19-11 to permit a child day care center in accordance with Sections 31-306, 31-406, and 31-701(b)(16) of the Unified Development Ordinance. 2 City Council Regular Meeting March 21, 2012 Jonathan Powell, 1118 Hoiser Road, representing self, spoke in support of an ordinance granting Conditional Use Permit Request C19-11, Tabernacle Childcare Center, submitted by Erika R. Hoggard, applicant, on behalf of Tabernacle Baptist Church, property owner, to permit a child day care center in accordance with Sections 31-306, 31-406, and 31-701(b)(16) of the Unified Development Ordinance. Christine Edwards, 120 Turner Drive, was not present when called. CONSENT AGENDA Mayor Johnson presented the following Consent Agenda item: Consent Agenda Item #7 - AN ORDINANCE TO ACCEPT AND APPROPRIATE PROCEEDS RESULTING FROM THE SALE OF CERTAIN LANDS ASSOCIATED WITH THE SUFFOLK FORECLOSURE MITIGATION AND NEIGHBORHOOD STABILIZATION PROGRAM Council Member Bennett called for a report on Consent Agenda Item #7 - an ordinance to accept and appropriate proceeds resulting from the sale of certain lands associated with the Suffolk Foreclosure Mitigation and Neighborhood Stabilization Program. Referring to Consent Agenda Item #7, City Manager Cuffee-Glenn gave a summation on the background information as printed in the official agenda. Council Member Parr, on a motion seconded by Council Member Gardy, moved to approve Consent Agenda, as presented, by the following vote: AYES: Council Members Barclay, Bennett, Duman, Gardy, Milteer, Parr, Brown, and Johnson 8 NAYS: None 0 PUBLIC HEARINGS Public Hearing - A public hearing to consider an ordinance granting an exemption from taxation to the Suffolk Youth Athletic Association, Incorporated Utilizing a PowerPoint presentation, Budget Officer Anne Seward presented 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 Vice Mayor Brown, moved to approve the ordinance, as presented, by the following vote: AYES: Council Members Barclay, Bennett, Duman, Gardy, Milteer, Parr, Brown, and Johnson 8 NAYS: None 0 AN ORDINANCE GRANTING AN EXEMPTION FROM TAXATION TO THE SUFFOLK YOUTH ATHLETIC ASSOCIATION, INCORPORATED 3 City Council Regular Meeting March 21, 2012 Public Hearing - An ordinance granting Conditional Use Permit Request C21-11, submitted by Dave France, PE of Kimley-Horn and Associates, Inc. on behalf of Suffolk Public Schools, applicant, and on behalf of Marion and Lydia Harrell, property owners, to permit a public elementary school, 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 offered a report of the background information as printed in the official agenda. The following individuals spoke in support of the proposed ordinance: Dr. Deran Whitney, 304 Crown Arch, Superintendent, Suffolk Public Schools. Dr. Michael Debranski, 1015 Maryland Avenue, Chair, Suffolk School Board. Enoch Copeland, 6225 Leafwood Road, Member, Suffolk School Board. Roxanne Francis, 201 Pioneer Road, representing self, spoke in opposition to the proposed ordinance. Charles Daughtney, 348 Pioneer Road, representing self, spoke in opposition to the proposed ordinance. Hearing no additional speakers, the public hearing was closed. Council Member Parr, on a motion seconded by Council Member Gardy, moved to continue consideration of the proposed ordinance to the May 16, 2012, City Council meeting. Referring to the motion, Council Member Parr asked about any possible adverse impact on the timeline for the construction of the new elementary school, should City Council continue consideration of the proposed ordinance. Dr. Whitney said that the continuance could adversely impact the construction timeline. Referring to the motion, Council Member Milteer queried about the possible effect on the cost of construction, should City Council continue consideration of the proposed ordinance. Dr. Whitney explained that since construction prices fluctuate, it would be preferable to begin construction sooner rather than later. Referring to the motion, Council Member Gardy opined about the probable effect of a 30-day continuance on the construction of the new elementary school. Dr. Whitney stated that the delay could adversely impact the construction timeline. Referring to the motion, Vice Mayor Brown called for a review of the construction timeline. Capital Program and Buildings Director Gerry Jones presented a review of the construction timeline as provided by Suffolk Public Schools and indicated that the school is scheduled for completion in 32 months, from beginning to end. Referring to the motion, Mayor Johnson sought clarification about the inclusion of any condition in the purchase contract for the land that would make the sale contingent on the approval of the conditional use permit application. Dr. Whitney advised that there is no such condition as Suffolk Public Schools is still currently negotiating with the property owners. 4 City Council Regular Meeting March 21, 2012 Referring to the motion, Council Member Parr asked if Suffolk Public Schools has a purchase contract, a contingency purchase contract or a memorandum of understanding with the property owners. Dr. Whitney replied in the negative. Referring to the motion, Council Member Parr inquired about the status of the Suffolk Public Schools’ efforts to purchase the parcel under consideration. Dr. Whitney reported that Suffolk Public Schools is currently negotiating with the property owners. Referring to the motion, Council Member Parr queried about the recommendation from the legal counsel representing Suffolk Public Schools as it relates to the need for a legally binding agreement between them and the property owners. Dr. Whitney indicated that the legal counsel representing Suffolk Public Schools did not deem a conditional purchase contract necessary nor is this approach their standard practice. Referring to the motion, Council Member Parr called for an explanation for forgoing a conditional purchase contract between Suffolk Public Schools and the property owners. Dr. Whitney advised that as the construction and site of the new elementary school has been controversial, Suffolk Public Schools did not want to be presumptuous and enter into any type of contract. Referring to the presentation, Council Member Barclay requested clarification about the inclusion of the property owners on the conditional use permit application. Planning and Community Development Director Mills stated that the property owners are included on the conditional use permit application. Referring to the presentation, Council Member Barclay solicited information about the impact on the parcel under consideration, if City Council approve the proposed ordinance, and the property owners and Suffolk Public Schools fail to reach an agreement on the purchase of the land. Planning and Community Development Director Mills explained that the property owners would have to do something with the parcel within two years, before the conditional use permit expires. Referring to the motion, Council Member Parr opined about the probability of Suffolk Public Schools and the property owners entering into a purchase contract within the next 30 days. Dr. Whitney said that he was hopeful that a contract could be entered into within the next 30 days, but he could not make a guarantee. Council Member Parr, on an amended motion seconded by Council Member Gardy, moved to continue consideration of the proposed ordinance to the April 18, 2012, City Council meeting, by the following vote: AYES: Council Members Bennett, Duman, Milteer, Parr, and Brown 5 NAYS: Council Member Barclay, Gardy and Johnson 3 Public Hearing - An ordinance granting Rezoning Request RZ01-12, for a change in zoning from C, Conservation District, to B2, General Commercial District, and from B2, General Commercial District, to C, Conservation District, for property located 1217 North Main Street Utilizing a PowerPoint presentation, Planning and Community Development Director Mills provided an overview of the background information as printed in the official agenda. 5 City Council Regular Meeting March 21, 2012 Kevin Hughes, 440 Market Street, Economic Development Director, spoke in support of the proposed ordinance. Hearing no additional speakers, the public hearing was closed. Referring to the presentation, Council Member Gardy queried about the feasibility of considering the proposed ordinance concurrently with an item that is on the agenda under the Ordinances portion: An amended and restated ordinance authorizing the City Manager to enter into a boundary line agreement with the Economic Development Authority of the City of Suffolk and Suffolk Specialty Shops, L.L.C. Mayor Johnson indicated that two separate actions must be taken as the item currently under consideration is under the Public Hearing portion of tonight’s proceedings. Council Member Duman, on a motion seconded by Council Member Milteer, moved that the ordinance be adopted, by the following vote: AYES: Council Members Barclay, Bennett, Duman, Gardy, Milteer, Parr, Brown, and Johnson 8 NAYS: None 0 AN ORDINANCE TO REZONE AND AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SUFFOLK, FOR PROPERTY LOCATED AT 1217 NORTH MAIN STREET AND FURTHER IDENTIFIED AS ZONING MAP 25, PARCEL 50 AND A PORTION OF ZONING MAP NUMBER 34A, A PORTION OF PARCEL 1A Public Hearing - An ordinance granting Rezoning Request RZ06-11 (Conditional), submitted by John D. Eure, Jr. of Eure and Bredemeyer, PLLC on the behalf of David H. Eberwine of Eberwine Properties, LLC, applicant and property owner, to request a change in zoning from RR, Rural Residential Zoning District to M-1, Light Industrial Zoning District (Conditional) Utilizing a PowerPoint presentation, Planning and Community Development Director Mills gave a report on the background information as printed in the official agenda. John D. Eure, Jr., 424 Market Street, Eure and Bredemeyer, PLLC, representing David H. Eberwine of Eberwine Properties, LLC, applicant and property owner, spoke in support of the proposed ordinance. Hearing no additional speakers, the public hearing was closed. Council Member Barclay, on a motion seconded by Council Member Gardy, moved that the ordinance be adopted, with conditions as presented. Referring to the presentation, Council Member Duman called for clarification about the language in the condition regarding the restriction of specific uses as outlined in the applicant’s proffer statement. Planning Director Mills explained that the use of the word “restrict” is sufficient as it relates to the prohibitions of the specific uses as outlined in the applicant’s proffer statement. Council Member Barclay, on a motion seconded by Council Member Gardy, moved that the ordinance be adopted, with conditions as presented, by the following vote: AYES: Council Members Barclay, Bennett, Duman, Gardy, 6 City Council Regular Meeting March 21, 2012 Milteer, Parr, Brown, and Johnson 8 NAYS: None 0 AN ORDINANCE TO REZONE AND AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SUFFOLK, FOR PROPERTY LOCATED AT 3300 EBERWINE LANE, FURTHER IDENTIFIED AS ZONING MAP 12, PARCEL 13D, RZ6-11 CONDITIONAL Public Hearing - An ordinance granting Rezoning Request, RZ03-11 (Conditional), submitted by John H. Peterson, Jr., of Terry Peterson Residential Thirty, L.L.C. applicant and property owner, amending the proffered conditions to increase the number of residential units from 600 to 1000 and to amend the design standards for the Hampton Roads Crossing Mixed-Use Development Utilizing a PowerPoint presentation, Planning and Community Development Director Mills presented the background information as printed in the official agenda. Whitney Saunders, 705 West Washington Street, representing John H. Peterson, Jr., of Terry Peterson Residential Thirty, L.L.C. applicant and property owner, spoke in support of the proposed ordinance. Janet Gurwell, 105 Brewer Avenue, representing self, spoke in opposition in general to increases in density or changes in zoning. Whitney Saunders, 705 West Washington Street, representing John H. Peterson, Jr., of Terry Peterson Residential Thirty, L.L.C. applicant and property owner, spoke in support of the proposed ordinance. Hearing no other speakers, the public hearing was closed. Referring to the presentation, Council Member Parr asked for clarification about the proffer related to the applicant’s contribution to advance capacity of the middle school. Planning and Community Development Director Mills explained that the applicant has requested an increase to the maximum of 1000 units and associated with the increase is a proffer to delay the construction of the requested 400 additional residential units until such time as a new high school and additional capacity in the middle school system are built by Suffolk Public Schools. Referring to the presentation, Council Member Parr opined about the need for the applicant to come back to City Council to build the additional 400 residential units. Planning and Community Development Director Mills replied that the developer would not need to come back to City Council for the additional 400 residential units. Referring to the presentation, Council Member Parr inquired about the location of the parcel as it relates to the Route 17 Special Taxing District. Planning and Community Development Director Mills said that the parcel is located in the aforementioned district. Referring to the presentation, Council Member Bennett asked for clarification of the proffer related to the applicant’s contribution to advance capacity of the middle school. Planning and Community Development Director Mills explained that the applicant has requested an increase to the maximum of 1000 units and associated with the increase is a proffer to delay the construction of the requested 400 additional residential units until such time as a new high school and additional capacity in the middle school system are built by Suffolk Public Schools. 7 City Council Regular Meeting March 21, 2012 Council Member Barclay, on a motion seconded by Vice Mayor Brown, moved that the ordinance be adopted, with conditions as presented, by the following vote: AYES: Council Members Barclay, Bennett, Duman, Gardy, Milteer, Parr, Brown, and Johnson 8 NAYS: None 0 AN ORDINANCE TO REZONE AND AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SUFFOLK, TO AMEND THE PROFFERED CONDITIONS OF THE HAMPTON ROADS CROSSING MIXED-USE DEVELOPMENT FOR TAX MAP 13G, PARCELS 2, R, C, C*1A, AND C*1B, HAMPTON ROADS CROSSING, RZ03-11 CONDITIONAL Council Member Bennett, on a motion seconded by Council Member Barclay, moved to reconsider an ordinance granting Conditional Use Permit Request C21-11 that was continued to the April 18, 2012, City Council meeting earlier in tonight’s proceedings. Referring to the motion, Vice Mayor Brown called for clarification. City Attorney Holland explained that an affirmative vote for the motion would support the reconsideration of an ordinance granting Conditional Use Permit C21-11, and a vote in opposition to the motion would mean the previous action would remain in place. Council Member Bennett, on a motion seconded by Council Member Barclay, moved to reconsider an ordinance granting Conditional Use Permit Request C21-11 that was continued to the April 18, 2012, City Council meeting earlier in tonight’s proceedings, by the following roll call vote: AYES: Council Members Barclay, Bennett, Duman, and Johnson 4 NAYS: Council Members Gardy, Milteer, Parr, and Brown 4 ORDINANCES Ordinance - An ordinance granting Conditional Use Permit Request C19-11, Tabernacle Childcare Center, submitted by Erika R. Hoggard, applicant, on behalf of Tabernacle Baptist Church, property owner, to permit a child day care center in accordance with Sections 31-306, 31-406, and 31-701(b)(16) of the Unified Development Ordinance Utilizing a PowerPoint presentation, Planning and Community Development Director Mills offered a report on the background information as printed on the official agenda and the distributed letter from the Public Works Department. Council Member Parr, on a motion seconded by Council Member Gardy, moved to approve the ordinance, with conditions as presentation. Referring to the presentation, Council Member Duman asked about the feasibility of requiring the applicant to install one turn lane in the westbound direction instead of the requirement to install right and left turns as outlined in the proposed ordinance. Traffic Engineer Robert Lewis explained that data shows that in order to maintain road safety in these instances, both right and left turn lanes is the most appropriate approach. 8 City Council Regular Meeting March 21, 2012 Referring to the presentation, Vice Mayor Brown opined about alternative safety options. Traffic Engineer Lewis advised that a reduction in the speed limit might be feasible in the future after the completion of a comprehensive engineering study and if that study’s findings meet the criteria in accordance with national standards and City policy. He added that the turn lanes are still a critical component of road safety. Council Member Parr, on a motion seconded by Council Member Gardy, moved to approve the ordinance, with conditions as presented, by following roll call vote: AYES: Council Members Barclay, Duman, Gardy, Milteer, Parr, Brown, and Johnson 7 NAYS: Council Member Bennett 1 Ordinance - An ordinance amending Chapter 74 of the Code of the City of Suffolk establishing a requirement that the permittee promptly remove all utility markings upon completion of work Utilizing a PowerPoint presentation, Public Works Director Eric Nielsen provided an overview of the background information as printed in the official agenda. Council Member Gardy, on a motion seconded by Vice Mayor Brown, moved to approve the ordinance as presented. Referring to the presentation, Council Member Parr inquired about the feasibility of making permittees use water soluble paint for utility markings on impervious surfaces. Public Works Director Nielsen stated that staff could consider that suggestion. Council Member Gardy, on a motion seconded by Vice Mayor Brown, moved to approve the ordinance as presented, by the following vote: AYES: Council Members Barclay, Bennett, Duman, Gardy, Milteer, Parr, Brown, and Johnson 8 NAYS: None 0 AN ORDINANCE AMENDING CHAPTER 74 OF THE CODE OF THE CITY OF SUFFOLK ESTABLISHING A REQUIREMENT THAT THE PERMITTEE PROMPTLY REMOVE ALL UTILITY MARKINGS UPON COMPLETION OF WORK Ordinance - An ordinance to amend Section 90-478 of the Code of the City of Suffolk regarding sewer services for major subdivisions within the Village Center zoning districts Utilizing a PowerPoint presentation, Public Utilities Director Albert Moor gave a synopsis of the background information as printed in the official agenda. Referring to the presentation, Council Member Barclay opined about the possible areas impacted by the proposed ordinance, specifically the areas of Holland and Whaleyville. Public Utilities Director Moor advised that that the proposed ordinance does not only impact those two areas as there are places in Chuckatuck that do not currently have sewer service. 9 City Council Regular Meeting March 21, 2012 Council Member Parr, on a motion seconded by Council Member Duman, moved to approve the ordinance as presented, by the following vote: AYES: Council Members Barclay, Bennett, Duman, Gardy, Milteer, Parr, Brown, and Johnson 8 NAYS: None 0 AN ORDINANCE TO AMEND SECTION 90-478 OF THE CODE OF THE CITY OF SUFFOLK REGARDING SEWER SERVICES FOR MAJOR SUBDIVISIONS WITHIN THE VILLAGE CENTER ZONING DISTRICTS Ordinance - An amended and restated ordinance authorizing the City Manager to enter into a boundary line agreement with the Economic Development Authority of the City of Suffolk and Suffolk Specialty Shops, L.L.C. Utilizing a PowerPoint presentation, Economic Development Director Hughes presented the background information as printed in the official agenda. Council Member Gardy, on a motion seconded by Council Member Parr, moved to approve the ordinance as presented, by the following vote: AYES: Council Members Barclay, Bennett, Duman, Gardy, Milteer, Parr, Brown, and Johnson 8 NAYS: None 0 AN AMENDED AND RESTATED ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A BOUNDARY LINE AGREEMENT WITH THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF SUFFOLK AND SUFFOLK SPECIALTY SHOPS, L.L.C RESOLUTIONS There were no items under this portion of the agenda. STAFF REPORTS There were no items under this portion of the agenda. MOTIONS Motion - A motion to schedule a Work Session for April 4, 2012, at 4:00 p.m., unless canceled or called earlier by the Mayor Council Member Milteer, on motion seconded by Council Member Duman, moved to a Work Session for April 4, 2012, at 4:00 p.m., unless canceled or called earlier by the Mayor, by the following vote: AYES: Council Members Barclay, Bennett, Duman, Gardy, Milteer, Parr, Brown, and Johnson 8 NAYS: None 0 10 City Council Regular Meeting March 21, 2012 NON-AGENDA SPEAKERS Deborah Topping, 219 King Charles Court, representing self, spoke in support of funding for Suffolk Public Schools. Paul Gillis, 2536 Woodland Trail, was not present when called. The following individuals spoke in support of the implementation of the City’s recent compensation and classification study: Christopher McDowell, 21192 Woods Trail, Franklin, Virginia, representing self. Doug Allison, 49 Redbird Lane, Gates, North Carolina, representing self. Joe Arrowood, 1204 Lummis Road, representing self. James Brown, 17740 Bowling Green Road, Smithfield, Virginia, representing self. Peter Lipphardt, 1307 Mill Oak Court, representing self, was not present when called. Kathleen Smith, 1202 Mill Lane Quarter, representing self, spoke in support of an exemption from real estate taxes of common property in subdivisions. Susan Baines, 7012 Ruritan Boulevard, representing self, spoke in support of the implementation of the City’s recent compensation and classification study. Janet Gurwell, 105 Brewer Avenue, representing self, opined about utility markings and the implementation of the City’s recent compensation and classification study. NEW BUSINESS Mayor Johnson asked City Clerk Dawley if there were any New Business items for consideration. City Clerk Dawley presented the following nominations for City Council’s consideration: a motion to nominate and appoint the following individuals to the Agricultural, Forrestal and Open Space Advisory Committee: J.P. Faulk Jr., Frank Holland, Michael Lane, Edmond Morris, Clarence Riddick, Benny Speight, Monte Walden, Jesse Williams, City Assessor Jean Jackson, and Mayor Linda T. Johnson; and Planning Commission – Donald Mills. Council Member Parr, on motion seconded by Council Member Gardy, moved to appoint the above referenced individuals to the aforementioned bodies. Council Member Bennett moved to vote on the above referenced items separately. The motion failed for lack of a second. 11 City Council Regular Meeting March 21, 2012 Council Member Parr, on a motion seconded by Council Member Gardy, moved to appoint the above referenced individuals to the aforementioned bodies, by the following vote: AYES: Council Members Barclay, Duman, Gardy, Milteer, Parr, Brown, and Johnson 7 NAYS: Council Member Bennett 1 Council Member Parr called for a resolution for consideration at a future City Council meeting requesting that Governor Robert McDonnell and the members of General Assembly provide a dedicated funding source for transportation. Council Member Parr also asked Council Member Barclay and Mayor Johnson to provide a summary of the information shared at the recent Hampton Roads Transportation Planning Organization meeting on this issue. Council Member Barclay offered a summary of the information shared at the recent Hampton Roads Transportation Planning Organization meeting on this issue. Council Member Barclay asked City Manager Cuffee-Glenn for a report on the State’s proposal for tolls on the Downtown and Midtown Tunnels and the impact of those tolls on the residents of Suffolk. City Manager Cuffee-Glenn said that it would be appropriate to invite Dwight Farmer, Executive Director, Hampton Roads Planning District Commission to make a presentation on these issues, as the agency has taken the lead for the region. Council Member Barclay, on a motion seconded by Council Member Parr, moved to direct City Manager Cuffee-Glenn to proceed with the following two items for the April 4, 2012, City Council work session and meeting, respectively: to schedule a presentation from Dwight Farmer, Executive Director, Hampton Roads Planning District Commission, regarding the impact on residents of Suffolk of the State’s plan to enact tolls on the Downtown and Midtown Tunnels and to prepare a resolution for City Council’s consideration requesting a dedicated funding source for transportation to Governor Robert McDonnell and the members of the General Assembly, by the following roll call vote: AYES: Council Members Barclay, Bennett, Duman, Gardy, Milteer, Parr, Brown, and Johnson 8 NAYS: None 0 ANNOUNCEMENTS AND COMMENTS Utilizing a PowerPoint presentation, Interim Media and Community Relations Director Diana Klink reported on the following activities: the graduation of the Suffolk Leadership Academy; Suffolk Restaurant Week; the kickoff of Parks and Recreation Department’s Planet Recreation Camp, Outdoor Adventure Kamp, Hoops for Life, and Discover Your Future; the Increase the Peace Fashion Show; the Eggsstravaganza at Bennett’s Creek Park; the Third Annual Teen Iron Chef Competition; Global Youth Services Day and the Great American Clean Up; Recycling and Tire Amnesty Day; and the State of the City Address. Council Member Duman expressed his appreciation to staff of the Public Works Department for their efforts in resolving a resident’s concern on Crittenden Road. Council Member Duman congratulated the recent graduates of the Suffolk Leadership Academy and City Attorney Holland on her new position. 12 City Council Regular Meeting March 21, 2012 Council Member Duman advised that the American Red Cross will be hosting its Annual Paint the Town Red Fundraiser. Council Member Barclay congratulated City Attorney Holland on her new position. Council Member Barclay opined about his recent Town Hall Meeting. Council Member Barclay acknowledged the Parks and Recreation Department’s installation of the new fishing pier at Bennett’s Creek Park. Council Member Gardy thanked City employees for their efforts. Council Member Bennett acknowledged the recent graduates of the Suffolk Leadership Academy. Council Member Bennett opined about the upcoming mosquito control season. Council Member Bennett reported a request for ditch cleaning from Nansemond River High School to Driver. Council Member Bennett congratulated City Attorney Holland on her new position. Council Member Bennett thanked City employees for their efforts. Council Member Bennett explained that he voted in error to continue consideration of an ordinance granting Conditional Use Permit Request C21-11, submitted by Dave France, PE of Kimley-Horn and Associates, Inc. on behalf of Suffolk Public Schools. Council Member Bennett advised that residents from Suffolk Meadows have reported increased truck traffic in their area. Council Member Bennett called for information on boards and commissions appointments for the last eight years. Council Member Parr congratulated City Attorney Holland on her new position. Council Member Parr reported he attended the Sister Cities Commission Youth Art Show. Council Member Parr announced he participated in the recent Shamrock Stroll. Council Member Parr thanked the Public Works Department for their effort in resolving an issue. Council Member Milteer congratulated City Attorney Holland on her new position. Council Member Milteer announced he attended the Suffolk Leadership Academy Graduation ceremony. Vice Mayor Brown congratulated City Attorney Holland on her new position. Mayor Johnson congratulated City Attorney Holland on her new position. 13 City Council Regular Meeting March 21, 2012 Mayor Johnson announced she attended the Sister Cities Commission Youth Art Show. Mayor Johnson advised that she will be participating in the Prevent Child Abuse Hampton Roads 30th Annual Celebrity Night and the American Red Cross Paint the Town Red fundraisers. ADJOURNMENT Council Member Gardy, on a motion seconded by Council Member Parr, moved to adjourn, by the following vote: AYES: Council Members Barclay, Bennett, Duman, Gardy, Milteer, Parr, Brown, and Johnson 8 NAYS: None 0 There being no further business to come before City Council, the regular meeting was adjourned at 10:15 p.m. Teste: ________________________________________________ Erika S. Dawley, City Clerk Approved: ____________________________________________ Linda T. Johnson, Mayor APPROVED: APRIL 4, 2012 14

Agenda

SUFFOLK CITY COUNCIL AGENDA March 21, 2012 7:00 p.m. City Council Chamber 1. Call to Order No City Council action required. 2. Nonsectarian Invocation No City Council action required. 3. Approval of the Minutes Approved 8-0 4. Special Presentation - Presentation of a resolution posthumously recognizing Sylvester Jones for his years of service to the City of Suffolk Approved 8-0 5. Removal of Items from the Consent Agenda and Adoption of the Agenda Approved 8-0 6. Agenda Speakers No City Council action required. 7. Consent Agenda - An ordinance to accept and appropriate proceeds resulting from the sale of certain lands associated with the Suffolk Foreclosure Mitigation and Neighborhood Stabilization Program Approved 8-0 8. Public Hearing - A public hearing to consider an ordinance granting an exemption from taxation to the Suffolk Youth Athletic Association, Incorporated Approved 8-0 9. Public Hearing - An ordinance granting Conditional Use Permit Request C21- 11, submitted by Dave France, PE of Kimley-Horn and Associates, Inc. on behalf of Suffolk Public Schools, applicant, and on behalf of Marion and Lydia Harrell, property owners, to permit a public elementary school, in accordance with Sections 31-306 and 31-406 of the Unified Development Ordinance A motion to continue consideration of the item to April 18, 2012, City Council meeting was approved by a vote of 5-3 (Mayor Johnson, Council Member Barclay and Council Member Gardy voted in opposition.) 10. Public Hearing - An ordinance granting Rezoning Request RZ01-12, for a change in zoning from C, Conservation District, to B2, General Commercial District, and from B2, General Commercial District, to C, Conservation District, for property located 1217 North Main Street Approved 8-0 11. Public Hearing - An ordinance granting Rezoning Request RZ06-11 (Conditional), submitted by John D. Eure, Jr. of Eure and Bredemeyer, PLLC on the behalf of David H. Eberwine of Eberwine Properties, LLC, applicant and property owner, to request a change in zoning from RR, Rural Residential Zoning District to M-1, Light Industrial Zoning District (Conditional) Approved 8-0 12. Public Hearing - An ordinance granting Rezoning Request, RZ03-11 (Conditional), submitted by John H. Peterson, Jr., of Terry Peterson Residential Thirty, L.L.C. applicant and property owner, amending the proffered conditions to increase the number of residential units from 600 to 1000 and to amend the design standards for the Hampton Roads Crossing Mixed-Use Development Approved 8-0 13. Ordinance - An ordinance granting Conditional Use Permit Request C19-11, Tabernacle Childcare Center, submitted by Erika R. Hoggard, applicant, on behalf of Tabernacle Baptist Church, property owner, to permit a child day care center in accordance with Sections 31-306, 31-406, and 31-701(b)(16) of the Unified Development Ordinance Approved 7-1 (Council Member Bennett voted in opposition.) 14. Ordinance - An ordinance amending Chapter 74 of the Code of the City of Suffolk establishing a requirement that the permittee promptly remove all utility markings upon completion of work Approved 8-0 15. Ordinance - An ordinance to amend Section 90-478 of the Code of the City of Suffolk regarding sewer services for major subdivisions within the Village Center zoning districts Approved 8-0 16. Ordinance - An amended and restated ordinance authorizing the City Manager to enter into a boundary line agreement with the Economic Development Authority of the City of Suffolk and Suffolk Specialty Shops, L.L.C. Approved 8-0 17. Resolutions No City Council action required. 18. Staff Reports No City Council action required. 2 19. Motion - A motion to schedule a Work Session for April 4, 2012, at 4:00 p.m., unless canceled Approved 8-0 20. Non-Agenda Speakers No City Council action required. 21. New Business A motion to nominate and appoint the following individuals to the following boards and commissions by a vote of 7-1. (Council Member Bennett voted in opposition.): Agricultural, Forrestal and Open Space Advisory Committee: J.P. Faulk Jr.; Frank Holland; Michael Lane; Edmond Morris; Clarence Riddick; Benny Speight; Monte Walden and Jesse Williams Planning Commission – Donald Mills 22. Announcements and Comments No City Council action required. 23. Adjournment Approved 8-0 3

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