City Council Meeting Agendas

City Council Regular Meeting February 7, 2018 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, February 7, 2018, at 7:00 p.m. PRESENT Council Members - Linda T. Johnson, Mayor, presiding Leroy Bennett, Vice Mayor Michael D. Duman Roger W. Fawcett Donald Z. Goldberg Timothy J. Johnson Curtis R. Milteer, Sr. Lue R. Ward, Jr. Patrick G. Roberts, 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. Council Member Milteer offered 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 February 7, 2018, pursuant to Section 2.2-3712 of the Code of Virginia (1950), as amended. Council Member Duman, on a motion seconded by Council Member Fawcett, moved to approve the resolution, as presented, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 A RESOLUTION OF CERTIFICATION OF THE CLOSED MEETING OF FEBRUARY 7, 2018, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting February 7, 2018 APPROVAL OF THE MINUTES Council Member Fawcett, on a motion seconded by Council Member Goldberg, moved to approve the minutes from the December 15, 2017, Special Meeting and December 20, 2017, Work Session and Regular Meeting, as presented, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 SPECIAL PRESENTATIONS Special Presentations – Fill the Boot Check Presentation to the Muscular Dystrophy Association Fire Chief Cedric Scott introduced Darcy Warren, Fundraising Coordinator, Greater Virginia Muscular Dystrophy Association and Pam King, President, Suffolk Professional Firefighters #2801, who made the presentation. REMOVAL OF ITEMS FROM THE CONSENT AGENDA AND ADOPTION OF THE AGENDA Mayor Johnson advised that a motion was in order at this time to adopt the agenda. She also announced there is a request to amend the agenda to consider Public Hearing Item 15 – RZC2017-003 and Public Hearing Item 19 – CUP2017-006, consecutively. Council Member Milteer, on a motion seconded by Vice Mayor Bennett, to amend the agenda as previously outlined and adopt the remainder of the agenda as presented, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 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 - A resolution declaring and rescinding a local emergency Consent Agenda Item #8 - An ordinance to accept and appropriate a Policing in the 21st Century- Recruitment and Hiring Initiative Grant from the Virginia Department of Criminal Justice Services in support of the Suffolk Police Department Consent Agenda Item #9 - An ordinance to accept and appropriate funds from the City of Hampton for reimbursement of the Suffolk Police Department for staff time provided to the Hampton Roads Criminal Justice Training Academy 2 City Council Regular Meeting February 7, 2018 Consent Agenda Item #10 - An ordinance to accept and appropriate additional funds from the United States Department of Transportation Federal Aviation Administration and the Commonwealth of Virginia Department of Aviation in support of the Airport Parallel Taxiway Project at the Suffolk Executive Airport Consent Agenda Item #11 - An ordinance to accept and appropriate funds from the Target Corporation for the Suffolk Department of Parks and Recreation Youth Outdoor Soccer Program Consent Agenda Item #12 - An ordinance to accept and appropriate funds from the Virginia Office of Emergency Medical Services Rescue Squad Assistance Fund for the Suffolk Department of Fire and Rescue Consent Agenda Item #13 - An ordinance to accept and appropriate funds from the Virginia Department of Emergency Management for the Suffolk Department of Fire and Rescue Consent Agenda Item #14 - An ordinance to accept and appropriate funds from the Virginia Department of Emergency Management for the Suffolk Department of Fire and Rescue Radiological Emergency Preparedness Program Referring to Consent Agenda Items #7 through #14, City Manager Roberts submitted a review of the background information as printed in the official agenda. Council Member Fawcett, on a motion seconded by Council Member Johnson, moved to approve the Consent Agenda, as presented, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 PUBLIC HEARINGS Public Hearing - An ordinance to rezone and amend the official zoning map of the City of Suffolk to allow the amendment of the previously approved proffered conditions of Hampton Roads Crossing Mixed-Use Development for property located at 6553 Hampton Roads Parkway, Zoning Map 13G, Parcel C*1A; RZC2017-003 (Conditional) Utilizing a PowerPoint presentation, Planning and Community Development Director David Hainley offered a report on the background information as printed in the official agenda. John Peterson, 525 Independence Boulevard, Virginia Beach, Virginia, representing Terry Peterson Investment Thirty LLC, applicant and property owner, spoke in support of the proposed ordinance, as presented. Hearing no additional speakers, the public hearing was closed. 3 City Council Regular Meeting February 7, 2018 Council Member Ward, a motion seconded by Council Member Duman, moved to approve the ordinance, as presented, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 AN ORDINANCE TO REZONE AND AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SUFFOLK TO ALLOW THE AMENDMENT OF THE PREVIOUSLY APPROVED PROFFERED CONDITIONS OF HAMPTON ROADS CROSSING MIXED-USE DEVELOPMENT FOR PROPERTY LOCATED AT 6553 HAMPTON ROADS PARKWAY, ZONING MAP 13G, PARCEL C*1A; RZC2017-003 (CONDITIONAL) Public Hearing - An ordinance to grant a Conditional Use Permit to establish a Contractors and Trade Shop (indoor operations and outdoor storage, including heavy vehicles / equipment), less than 10,000 square feet in area, on property located at 3587 White Marsh Road, Zoning Map 56, Parcel 37C; CUP2017-006 Utilizing a PowerPoint presentation, Planning and Community Development Director Hainley outlined the background information as printed in the official agenda. Whitney Saunders, 705 West Washington Street, Saunders and Ojeda, representing Robert and Linda McCrory, applicants and property owners, spoke in support of the proposed ordinance, as presented. Hearing no additional speakers, the public hearing was closed. Council Member Johnson, a motion seconded by Council Member Fawcett, moved to approve the ordinance, with conditions, as presented, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO ESTABLISH A CONTRACTORS AND TRADE SHOP (INDOOR OPERATIONS AND OUTDOOR STORAGE, INCLUDING HEAVY VEHICLES/EQUIPMENT), LESS THAN 10,000 SQUARE FEET IN AREA, ON PROPERTY LOCATED AT 3587 WHITE MARSH ROAD, ZONING MAP 56, PARCEL 37C; CUP2017-006 Public Hearing - An ordinance to rezone and amend the official zoning map of the City of Suffolk, to change the zoning from O-I, Office-Institutional zoning district, to RU-12, Residential Urban-12 zoning district for property located at 7101 Bridgeway Drive, Zoning Map 6, Block 2G, Parcel B; RZC2017- 004 (Conditional) Utilizing a PowerPoint presentation, Planning and Community Development Director Hainley gave a summation of the background information as printed in the official agenda. 4 City Council Regular Meeting February 7, 2018 The following individuals spoke in support of the proposed ordinance as presented: Whitney Saunders, 705 West Washington Street, Saunders and Ojeda, representing Richard L. Bowie, applicant, and Continental-Lakeview Associates, LLC, property owners. Andrew Sweet, 5102 Clipper Cove Lane, President, Harbourview Homeowners Association. Bonnie Robinson, 3383 Village Square Place, Board Member, Harbourview Homeowners Association. Fran Newman, 3217 Shelter Cove Court, representing self. Greg Houge, 2122 Soundings Crescent Court, representing self. Hearing no additional speakers, the public hearing was closed. Council Member Ward moved to approve the ordinance as presented. The motion failed to receive a second. Referring to the presentation, Council Member Fawcett sought an explanation for the reason that staff recommended denial. Referring to the presentation, Planning and Community Development Director Hainley explained that staff recommended denial because the proposed RU-12 Residential Urban-12 zoning district is inconsistent with the 2035 Comprehensive Plan and the Unified Development Ordinance as outlined in the background information printed in the official agenda. Council Member Ward, a motion seconded by Council Member Fawcett, moved to approve the ordinance, as presented, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 AN ORDINANCE TO REZONE AND AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SUFFOLK, TO CHANGE THE ZONING FROM O-I, OFFICE INSTITUTIONAL ZONING DISTRICT, TO RU-12, RESIDENTIAL URBAN-12 ZONING DISTRICT FOR PROPERTY LOCATED AT 7101 BRIDGEWAY DRIVE, ZONING MAP 6, BLOCK 2G, PARCEL B; RZC2017-004 (CONDITIONAL) Public Hearing - An ordinance to grant a Conditional Use Permit to establish a Public Assembly not Otherwise Enumerated (Banquet Hall), on property located at 178 East Washington Street, Zoning Map 34G18(6), Parcel 5; CUP2017-002 Utilizing a PowerPoint presentation, Planning and Community Development Director Hainley provided a synopsis of the background information as printed in the official agenda. Jeffrey Townsend, 121 Niblick Circle, applicant and property owner, spoke in support of the ordinance with the following proposed amendment to condition number eight – the facility’s operating hours shall be Sunday through Saturday from 9:00 a.m. to 2:00 a.m. Hearing no additional speakers, the public hearing was closed. 5 City Council Regular Meeting February 7, 2018 Referring to the presentation, Council Member Goldberg called for a comparison of the proposed banquet hall and a restaurant, as it relates to the hours of operation. City Manager Roberts explained that should the applicant wish to open a restaurant, there are parcels downtown where that could occur by right, without a conditional use permit. He added that the hours of operation in the proposed ordinance for the proposed banquet hall are consistent with other existing banquet halls in the City. Referring to the presentation, Council Member Goldberg asked the applicant about the feasibility of ceasing operations at 12:00 a.m. Mr. Townsend replied that he wants to cease operation at 2:00 a.m. Vice Mayor Bennett opined about the hours of operation for other banquet halls within the City. Police Chief Thomas Bennett provided an overview of the hours of operation included in the conditional use permits for the other banquet halls within the City. He added that no other banquet hall in the City operates beyond 12:00 a.m. Council Member Fawcett, on a motion seconded by Council Member Goldberg, moved to approve with proposed ordinance, with conditions, as presented. Council Member Duman queried about the feasibility of applying for a special event permit, should the applicant wish to have an event at the proposed banquet hall and cease operations after 12:00 a.m. City Manager Roberts stated that there is a provision for a special event permit. Vice Mayor Bennett opined about the proposed hours of operation for the proposed banquet hall as compared to the hours of operation for a brewery. City Manager Roberts explained that the hours of operation for breweries and restaurants are determined by the State’s Alcohol Beverage Control Authority. Vice Mayor Bennett opined about the applicant’s ability to apply for a permit from the State’s Alcohol Beverage Control Authority and then operate until 2:00 a.m. City Manager Roberts indicated that each person renting the proposed banquet hall would need to apply for a permit from the State’s Alcohol Beverage Control Authority for their individual event. He added that the operating hours as included in the proposed ordinance are the recommendation of the Police Department. Council Member Ward inquired about the applicant’s willingness to apply for a special event permit for those occasions he wishes to extend the hours of operation past 12:00 a.m. Mr. Townsend said that this approach was insufficient to meet his needs. Council Member Fawcett, a motion seconded by Council Member Goldberg, moved to approve the ordinance, with conditions, as presented, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson and Ward 7 NAYS: Council Member Milteer 1 AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO ESTABLISH A PUBLIC ASSEMBLY NOT OTHERWISE ENUMERATED (BANQUET HALL), ON PROPERTY LOCATED AT 178 EAST WASHINGTON STREET, ZONING MAP 34G18(6), PARCEL 5; CUP2017-002 6 City Council Regular Meeting February 7, 2018 Public Hearing - An ordinance to grant a Conditional Use Permit to establish a place of worship, large (at least 6,000 square feet in main sanctuary) located at 231 and 241 Meadow View Boulevard, Zoning Map 12V, Parcels D and F; CUP2017-004 Utilizing a PowerPoint presentation, Planning and Community Development Director Hainley supplied a review of the background information as printed in the official agenda. Melissa Venable, 5857 Harbourview Boulevard, Land Planning Solutions, agent, representing Bobby Hill, Riverbend Church, applicant, spoke in support of the proposed ordinance. Bobby Hill, 1518 Elderberry Road, Pastor, Riverbend Church, applicant, spoke in support of the proposed ordinance. Mary Snyder, 921 C Vineyard Place, representing the Vineyards Homeowners Association, spoke in opposition to the proposed ordinance. Jeff Hunn, 117 Market Street, representing self, spoke in opposition to the proposed ordinance. Warren Sachs, 125 86th Street, Virginia Beach, Virginia, representing Bennett’s Creek Square, spoke in support of the proposed ordinance. Darryl Gangidin, no address given, representing self, spoke in support of the proposed ordinance. Shanice Gangidin, no address given, representing self, spoke in support of the proposed ordinance. Hearing no additional speakers, the public hearing was closed. Council Member Fawcett moved to deny the proposed ordinance. The motion failed to receive a second. Referring to the presentation, Council Member Johnson called for clarification about the current zoning designation of the parcel under consideration. Planning and Community Development Director Hainley explained that the current zoning designation of the parcel is Traditional Neighborhood Development. He added that within the parcel certain sections are classified as Neighborhood Commercial zoning district. Referring to the presentation, Council Member Johnson opined that the church has been renting their current space for two years. Planning and Community Development Director Hainley replied in the affirmative. Referring to the presentation, Council Member Johnson asked if a Conditional Use Permit was required for the church to rent their current space. Planning and Community Development Director Hainley explained that a Conditional Use Permit was required and it was granted. Council Member Goldberg opined about the rules of the Vineyard Homeowners Association. Mayor Johnson sought information regarding the homeowner’s association rules as it relates to the proposed ordinance. City Attorney Holland advised that the rules of any homeowners association do not supersede the City’s zoning or land use regulations. 7 City Council Regular Meeting February 7, 2018 Council Member Duman opined about the timeline of the Vineyards Homeowners Association meeting. Pastor Hill stated that the homeowners association held a meeting on January 30th, and members of the church were advised they could not attend. He added that the church hosted a community informational meeting on January 31st, but the homeowners association declined to attend, although they were invited. Council Member Duman queried about any efforts made by the applicant to speak to representatives from the Vineyards Homeowners Association. Pastor Hill reported that he and Ms. Venerable contacted representatives from the homeowners association about meeting, and the invitations were declined. Council Member Duman inquired about the reason the members of the Vineyards Homeowners Association prohibited members of Riverbend Church from attending their meeting and the reason they declined the invitation from the church to attend their meeting. Ms. Snyder said that the homeowners association held their meeting in January since they did not have a December meeting, and it was exclusively for their membership. She added she was unable to attend the church’s meeting. Council Member Duman, a motion seconded by Council Member Johnson, moved to approve the ordinance, as presented. Referring to the presentation, Council Member Milteer called for clarification of the motion. Mayor Johnson stated the motion is for approval of the ordinance, with conditions, as presented. Council Member Duman, a motion seconded by Council Member Johnson, moved to approve the ordinance, with conditions, as presented, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, T. Johnson, Milteer and Ward 6 NAYS: Council Members Fawcett and Goldberg 2 AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO ESTABLISH A PLACE OF WORSHIP, LARGE (AT LEAST 6,000 SQUARE FEET IN MAIN SANCTUARY) LOCATED AT 231 AND 241 MEADOW VIEW BOULEVARD , ZONING MAP 12V, PARCELS D AND F; CUP2017-004 ORDINANCES There were no items under this portion of the agenda. RESOLUTIONS There were no items under this portion of the agenda. STAFF REPORTS There were no items under this portion of the agenda. 8 City Council Regular Meeting February 7, 2018 MOTIONS Motion - A motion to schedule a public hearing to be held on February 21, 2018, to receive public comment on the Proposed Fiscal Year 2019-2028 Capital Improvements Program and Plan Council Member Johnson, on a motion seconded by Vice Mayor Bennett, moved to schedule a motion to schedule a public hearing to be held on February 21, 2018, to receive public comment on the Proposed Fiscal Year 2019-2028 Capital Improvements Program and Plan, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 Motion – A motion to schedule a Work Session, for February 21, 2018, at 4:00 p.m., unless cancelled Council Member Fawcett, on a motion seconded by Council Member Milteer, moved to schedule a Work Session for February 21, 2018, at 4:00 p.m., unless cancelled, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 NON-AGENDA SPEAKERS Megan Smith, 119 Staley Drive, representing self, spoke in support of funding for a new downtown library. Jessica Reitz, 108 Saint James Avenue, representing self, spoke in support of funding for a new downtown library. Charles Parr, 1119 Pine Valley Drive, was not present when called. NEW BUSINESS City Clerk Dawley presented the following board and commission nomination for City Council’s consideration: Planning Commission – Oliver Creekmore; Sister Cities Commission – Donna Standish; Economic Development Authority of the City of Suffolk (Chuckatuck Borough) – Margie Wiley; Suffolk Redevelopment and Housing Authority – Kenneth W. Campbell; and Western Tidewater Community Services Board – Steven G. Blunt. Council Member Duman, on a motion seconded by Council Member Goldberg, moved to nominate and appoint the above referenced individuals to the aforementioned bodies, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 9 City Council Regular Meeting February 7, 2018 Vice Mayor Bennett, on a motion seconded by Council Member Fawcett, moved to direct City Manager Roberts to prepare a resolution in opposition to offshore oil and gas exploration and drilling of fossil fuels, including seismic testing, for consideration at the February 21, 2018, City Council meeting, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 ANNOUNCEMENTS AND COMMENTS Utilizing a PowerPoint presentation, Media and Community Relations Assistant Director Tim Kelley reported on the following: a visit from Senator Tim Kaine regarding the Military Spouse Employment Act; grand opening of Family Dollar; the Suffolk Public Library’s Engage Suffolk event; the Suffolk Police Department Promotional Ceremony; the upcoming Suffolk Police Department Badge Pinning Ceremony; the Plastic Bottle Top Mosaic project; the Suffolk Parks and Recreation Department’s software update; the City’s observance of President’s Day; the upcoming Suffolk Public Library and Keep Suffolk Beautiful Love Our City Meet Up and Clean Up; the headlining authors for the 5th Annual Suffolk Mystery Authors Festival; and the City’s report a roadway problem application and website. Council Member Goldberg inquired about the availability of the City’s report a roadway problem application and website. Media and Community Relations Assistant Director Kelley reiterated the availability of the City’s report a roadway problem application and website. Council Member Fawcett opined about the Suffolk Fire and Rescue Department’s Fill the Boot fundraiser. Council Member Fawcett announced he attended the Suffolk Police Department’s Promotional Ceremony. Council Member Fawcett acknowledged the Public Works Department for their roadway repair efforts. Council Member Milteer reported he attended the event hosted by Senator Tim Kaine and the grand opening of Family Dollar. Council Member Johnson opined about the upcoming Suffolk Public Library and Keep Suffolk Beautiful Love Our City Meet Up and Clean Up. Council Member Ward thanked the Suffolk Fire and Rescue Department for unlocking his car. Council Member Ward announced the retirement of Reverend William Russell, New Hope Baptist Church. Council Member Ward reported he attended the Pughsville Civic League meeting. Council Member Duman announced he attended the Suffolk Police Department Promotional Ceremony. Council Member Duman opined about outgoing member of the Planning Commission James Vacalis and newly appointed member of the Planning Commission Oliver Creekmore. 10 City Council Regular Meeting February 7, 2018 Council Member Duman opined about newly appointed member of the Economic Development Authority Margaret Wiley. Vice Mayor Bennett reported he attended the Suffolk Police Department Promotional Ceremony. Vice Mayor Bennett opined about the Suffolk Fire and Rescue Department’s Fill the Boot fundraiser. Vice Mayor Bennett announced he attended the grand opening for Family Dollar. Vice Mayor Bennett opined about increasing traffic accidents on Portsmouth Boulevard. Vice Mayor Bennett thanked City Administration and Dominion Virginia Power for light repairs on Cedar Lake Drive. Mayor Johnson reported she attended the Suffolk Public Library’s Engage Suffolk event and the Suffolk Humane Society’s Paws for the Arts fundraiser. Mayor Johnson acknowledged outgoing member of the Planning Commission James Vacalis. Mayor Johnson opined about the proposed Fiscal Year 2019-2028 Capital Improvements Program and Plan. Mayor Johnson opined about the upcoming 2018 Nansemond Suffolk Branch NAACP Freedom Fund Banquet. Council Member Fawcett, on a motion seconded by Council Member Duman, moved to adjourn, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 There being no further business to come before City Council, the regular meeting was adjourned at 9:57 p.m. Teste: ________________________________________________ Erika S. Dawley, MMC, City Clerk Approved: ____________________________________________ Linda T. Johnson, Mayor APPROVED: MARCH 7, 2018 11