City Council Meeting Agendas

City Council Regular Meeting September 19, 2012 Regular Meeting of the Suffolk City Council was held in the City Council Chamber on Wednesday, September 19, 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. APPROVAL OF THE MINUTES Council Member Parr, on a motion seconded by Council Member Duman, moved to approve the minutes from the September 5, 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 – Peanut Fest 2012 Utilizing a PowerPoint presentation, Tourism Development Manager Theresa Earles and Peanut Fest Executive Committee Chair Joe Patterson offered information as printed in the official agenda. 1 City Council Regular Meeting September 19, 2012 REMOVAL OF ITEMS FROM THE CONSENT AGENDA AND ADOPTION OF THE AGENDA Mayor Johnson asked if any members of City Council wished to remove the items from the Consent Agenda for separate action. Hearing no requests for removal of the items, 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 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 There were no speakers under this portion of the agenda. CONSENT AGENDA City Clerk Dawley presented the following Consent Agenda items: Consent Agenda Item #7 - AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS FROM THE COMMONWEALTH OF VIRGINIA DEPARTMENT OF AVIATION FOR THE SUFFOLK EXECUTIVE AIRPORT Consent Agenda Item #8 - AN ORDINANCE TO ACCEPT AND APPROPRIATE A 2012 PORT SECURITY GRANT FROM THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY FOR THE SUFFOLK POLICE DEPARTMENT Consent Agenda Item #9 - AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS FROM VIRGINIA MUNICIPAL LEAGUE INSURANCE PROGRAMS FOR THE CITY OF SUFFOLK RISK MANAGEMENT PROGRAM Consent Agenda Item #10 - AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS FROM THE VIRGINIA DEPARTMENT OF MOTOR VEHICLES HIGHWAY SAFETY PROGRAM FOR THE SUFFOLK POLICE DEPARTMENT Consent Agenda Item #11 - A RESOLUTION AUTHORIZING THE LEASE FINANCING FOR VARIOUS CITY VEHICLES, EQUIPMENT, AND SOFTWARE FOR THE FISCAL YEAR 2013 Council Member Duman asked for information about Consent Agenda Item #11 – a resolution authorizing the lease financing for various city vehicles, equipment, and software for the Fiscal Year 2013. Utilizing a PowerPoint presentation, Interim Chief Financial Officer Anne Seward supplied a summary of the background information on Consent Agenda Item 311 as printed in the official agenda. 2 City Council Regular Meeting September 19, 2012 Referring to the presentation, Council Member Duman asked whether there would be residual value and if the city would own the assets at the end of the lease. Interim Chief Financial Officer Seward said there would be no residual value left, and the City would own the assets. Council Member Duman and Interim Chief Financial Officer Seward opined about specific provisions in the lease. Council Member Parr, on a motion seconded by Council Member Duman, moved to approve the 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 – An ordinance granting an Ordinance Text Amendment, OA1-12, to amend Section 31-714(b), Signs Permitted in all Districts and Section 31-717(d), Real Estate Development and Construction-Related Temporary Uses in Regard to Temporary Signs and Banners (This item was continued from the August 15, 2012, City Council meeting.) Utilizing a PowerPoint presentation, Planning and Community Development Director D. Scott Mills reviewed the background information as printed in the official agenda. Tuck Bowie, President, Terry Peterson Companies, no address given, spoke in support of the ordinance as presented and suggested an amendment to allow advertising banners and flags on location of model homes. Hearing no additional speakers, the public hearing was closed. Referring to request made during the public hearing, Council Member Parr asked about the exclusion of the suggested provision to allow advertising banners and flags at the model home sites within the subdivisions. Planning Director Mills advised that the Planning Commission’s Ordinances Committee and the Planning and Community Development Department’s staff believes that the proposed ordinance provides ample advertisement opportunities. Referring to the request made during the public hearing, Vice Mayor Brown asked about the exclusion of the suggested provision to allow advertising banners and flags at the model home sites within the subdivisions. Planning Director Mills advised that the Planning Commission’s Ordinances Committee and the Planning and Community Development Department’s staff believes that the proposed ordinance provides ample advertisement opportunities. 3 City Council Regular Meeting September 19, 2012 Council Member Duman, 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 ORDINANCE TO AMEND SECTION 31-714(b), SIGNS PERMITTED IN ALL DISTRICTS AND SECTION 31-717(d), REAL ESTATE DEVELOPMENT AND CONSTRUCTION- RELATED TEMPORARY USES IN REGARD TO TEMPORARY SIGNS AND BANNERS Public Hearing – An ordinance granting Subdivision Variance Request V01-12 submitted by Brian J. Layne of Parrish Layne Design Group, on behalf of Grove Avenue Developers, Incorporated, property owner, for a variance from Section 31-612(f) of the Unified Development Ordinance which requires streets meet a connectivity ratio of not less than 1:40 for new residential subdivisions Utilizing a PowerPoint presentation, Planning and Community Development Director Mills supplied a summation of the background information as printed in the official agenda. Brian Layne, 1500 Rick Fletcher Court, Chesapeake, Virginia, applicant, offered support for the ordinance as presented. Hearing no additional speakers, the public hearing was closed. Council Member Gardy, on a motion seconded by Vice Mayor Brown, moved to approve the ordinance, as presented. Referring to the presentation, Council Member Bennett asked for information on the number of homes allowed by right on the parcel before the second entrance is required. Planning and Community Development Director Mills said that up to 24 homes are allowed by right, but this application only contains 16. Referring to the presentation, Council Member Barclay clarified that the changes of the surrounding property necessitates this application. Planning and Community Development Director Mills replied in the affirmative. 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 A VARIANCE FROM THE REQUIREMENTS OF THE UNIFIED DEVELOPMENT ORDINANCE AS TO PROPERTY LOCATED ON THE SOUTHSIDE OF HILLPOINT BOULEVARD, TAX MAP NUMBER 26F, PARCEL A, V1-12 4 City Council Regular Meeting September 19, 2012 Public Hearing – An ordinance granting Conditional Use Permit Request C14-12, submitted by Gregg E. Christoffersen for property owned by Continental Bridgeway Associates, to permit a place of worship (large, at least 6,000 square feet) in accordance with Sections 31-306 and 31-406 of the Unified Development Ordinance Utilizing a PowerPoint presentation, Planning and Community Development Director Mills gave a report on the background information as printed in the official agenda. Gregg E. Christoffersen, 304 49th Street, Virginia Beach, Virginia, Continental Bridgeway Associates, applicant, spoke in support of the proposed ordinance. Pastor Greg Ethridge, 2603 Nansemond Drive South, representing Liberty Baptist Church, offered support of the ordinance as presented. Matt Brady, 3216 Hemlock Drive, Chesapeake, Virginia, representing self, spoke in support of the ordinance as presented. Hearing no additional speakers, the public hearing was closed. Council Member Barclay asked Pastor Ethridge about future expansion plans for the church. Pastor Ethridge advised that the church is doing a long term lease, but beyond that lease, it was hard to say. Council Member Barclay, on a motion seconded by Council Member Milteer, moved to approve the ordinance, 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 GRANTING A CONDITIONAL USE PERMIT FOR A PLACE OF WORSHIP ON PROPERTY LOCATED AT 7025 HARBOUR VIEW BOULEVARD, SUITE 112 AND 114, ZONING MAP 6, PARCEL 2D ORDINANCES Ordinance - An ordinance authorizing the City Manager to adopt and amend rules and regulations concerning the Suffolk Executive Airport (This item was continued from the September 5, 2012, City Council meeting.) Utilizing a PowerPoint presentation, Economic Development Director Kevin Hughes offered a summary of the background information as printed in the agenda Comments were offered by the members of City Council regarding the proposed ordinance. 5 City Council Regular Meeting September 19, 2012 Vice Mayor Brown, on a motion seconded by Council Member Parr, moved to approve the ordinance, as presented, of the by the following vote: AYES: Council Members Barclay, Duman, Gardy, Milteer, Parr, Brown, and Johnson 7 NAYS: Council Member Bennett 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ADOPT AND AMEND RULES AND REGULATIONS CONCERNING THE SUFFOLK EXECUTIVE AIRPORT 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 October 3, 2012, at 4:00 p.m., unless canceled Council Member Gardy, on motion seconded by Council Member Parr, moved to schedule a Work Session for October 3, 2012, at 4:00 p.m., unless canceled, by the following roll call vote: AYES: Council Members Barclay, Bennett, Duman, Gardy, Milteer, Parr, Brown, and Johnson 8 NAYS: None 0 NON-AGENDA SPEAKERS There were no speakers under this portion of the agenda. NEW BUSINESS Mayor Johnson requested a report on shoreline disturbances recently reported in the Hillpoint Farms area. Utilizing a PowerPoint presentation, Planning and Community Development Director Mills advised that this March, the developer constructing the new River Bluff subdivision performed work in the Resource Protection Area on the riverbank. He further reported that staff has been working with the developer on a Wetlands Board application for shore stabilization, which includes a living shoreline as a component of the plan. Referring to the presentation, Mayor Johnson inquired about the involvement of the United States Army Corps of Engineers as it relates to the aforementioned application. Planning and Community Development Director Mills advised that the developer’s application is a joint permit process, and the United States Army Corps of Engineers, Virginia Marine Resource Commission and the City’s Wetlands Board all must approve parts of the plan over which each body has jurisdiction. 6 City Council Regular Meeting September 19, 2012 Referring to the presentation, Mayor Johnson asked whether this application includes the City’s first living shoreline project. Planning and Community Development Director Mills replied in the affirmative. Referring to the presentation, Council Member Barclay asked if the activity on the riverbank by the developer was permitted by right. Planning and Community Development Director Mills advised as an inventory of the riverbank’s features was not done before the activity, it not possible to ascertain if the activity was by right. Council Member Barclay solicited information on the feasibility of performing a citywide inventory of the shorelines. Planning and Community Development Director Mills explained accounting for over 113 miles of shoreline in the City would not be practical. Referring to the presentation, Council Member Parr inquired about the security of a performance bond by the developer. Planning and Community Development Director Mills advised that a performance bond will be required. Council Member Duman asked whether the City has enough staff that are trained in this area of expertise. Planning and Community Development Director Mills replied that there are members of his staff who are very familiar with the management and implementation of the provisions of the Chesapeake Bay Preservation Act, which governs much of the City’s watershed areas. He concluded by explaining that his department seeks out additional technical, professional assistance as needed. Referring to the presentation, Council Member Bennett queried about the Wetlands Board’s familiarity with the uniqueness of the application. Planning and Community Development Director Mills said that the members of the Wetlands Board are aware that this is the first living shoreline application. Mayor Johnson requested a report on noxious shoreline weeds in the area known as “wetlands kudzu” and advised that the City of Virginia Beach has a program to address this issue which might offer helpful information. ANNOUNCEMENTS AND COMMENTS Mayor Johnson reported on a meeting with Rear Admiral Gretchen Herbert and announced that the United States Navy’s Cyber Command will be moving into buildings formerly occupied by the United States Joint Forces Command. Council Member Duman offered information on events he attended: a meeting with the Hobson community about water and sewer issues; Taste of Suffolk; and a meeting of the Western Tidewater Water Authority Board. Council Member Barclay relayed appreciation from residents to staff for assistance given regarding a streetlight outage and road repair. Council Member Jeff Gardy recognized Mary “Honey” Pierce’s 100th birthday. Council Member Bennett offered condolences to the family of the late John R. Riddick, former Suffolk School Board Member. 7 City Council Regular Meeting September 19, 2012 Council Member Bennett congratulated Trevon Boone on his pastoral installation at Tabernacle Baptist Outreach Center. Council Member Bennett announced that he has been speaking with staff at the Southeastern Public Service Authority regarding the odor at the Regional Landfill. Council Member Bennett reported that he received calls regarding bears in the northern part of the city. Council Member Parr thanked staff for their response to resident concerns and opined on the recycling and refuse fee. Council Member Parr solicited information about the effective dates of the newly drawn borough boundaries that resulted from the 2010 Census. City Attorney Holland advised that the boundaries became effective upon approval from the United States Department of Justice. Council Member Milteer offered remarks on the upcoming City Council Retreat and Peanut Fest. Utilizing PowerPoint presentation, Interim Media and Community Relations Manager Timothy Kelley offered information on the following activities: Taste of Suffolk; United Way campaign kickoff; C-Fit Studio Ribbon Cutting; the Adopt-a-thon at North Suffolk PetSmart; Peanut Fest events, including the Queen’s Luncheon and Fashion Show and Peanut Fest Parade. Vice Mayor Brown express his appreciation to staff on road repair work on White Marsh Road. Vice Mayor Brown opined about the City Council Retreat and progress in Suffolk. Vice Mayor Brown solicited information on the types of jobs which may be offered as a result of the United States Navy’s Cyber Command coming to Suffolk. Mayor Johnson offered information on the advanced nature of the jobs and technology anticipated at the United States Navy’s Cyber Command. Vice Mayor Brown shared remarks on the passing of the late John R. Riddick, former Suffolk School Board Member. Mayor Johnson commented on the Taste of Suffolk and the observance of Constitution Week. Mayor Johnson invited the public to attend the 2012 Western Tidewater Walk to End Alzheimer’s. Mayor Johnson opined on her meeting with Smart Beginnings Hampton Roads. Mayor Johnson thanked public safety personnel for assistance provided to a resident of Centrebrook Commons. 8 City Council Regular Meeting September 19, 2012 ADJOURNMENT Council Member Parr, on a motion seconded by Council Member Gardy, 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 8:42 p.m. Teste: ________________________________________________ Erika S. Dawley, City Clerk Approved: ____________________________________________ Linda T. Johnson, Mayor APPROVED: OCTOBER 3, 2012 9