City Council Meeting Agendas

City Council Regular Meeting March 21, 2018 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, March 21, 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 March 21, 2018, pursuant to Section 2.2-3712 of the Code of Virginia (1950), as amended. Council Member Milteer, on a motion seconded by Council Member Duman, 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 MARCH 21, 2018, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED APPROVAL OF THE MINUTES Vice Mayor Bennett, on a motion seconded by Council Member Fawcett, moved to approve the minutes from the February 21, 2018, 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 1 City Council Regular Meeting March 21, 2018 SPECIAL PRESENTATIONS There were no items under this portion of the agenda. 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 as presented. Council Member Johnson, on a motion seconded by Council Member Milteer, to adopt 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 - An ordinance to accept and appropriate a grant from the Virginia Tourism Corporation in support of Suffolk’s Craft Brew Marketing Initiative program for the Department of Economic Development Tourism Division Consent Agenda Item #8 - A resolution requesting the Virginia Department of Transportation to make certain additions and deletions to the Urban Highway System Referring to Consent Agenda Items #7 and #8, 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 Duman, 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 authorizing the acquisition of real property in fee simple and permanent and temporary easements, either by agreement or condemnation, for the Isle of Wight Route 10 20-inch Water Transmission Main Project Utilizing a PowerPoint presentation, Public Utilities Director Albert Moor gave a summation of the background information as printed in the official agenda. 2 City Council Regular Meeting March 21, 2018 Hearing no speakers, the public hearing was closed. Council Member Milteer, on 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 AUTHORIZING THE ACQUISITION OF REAL PROPERTY IN FEE SIMPLE AND PERMANENT AND TEMPORARY EASEMENTS, EITHER BY AGREEMENT OR CONDEMNATION, FOR THE ISLE OF WIGHT ROUTE 10 20-INCH WATER TRANSMISSION MAIN PROJECT Public Hearing - An ordinance authorizing the acquisition of real property in fee simple and permanent and temporary easements, either by agreement or condemnation, for the Chuckatuck Water System Upgrade Project Utilizing a PowerPoint presentation, Public Utilities Director Moor offered a report on the background information as printed in the official agenda. Hearing no speakers, the public hearing was closed. Council Member Goldberg, on 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 AUTHORIZING THE ACQUISITION OF REAL PROPERTY IN FEE SIMPLE AND PERMANENT AND TEMPORARY EASEMENTS, EITHER BY AGREEMENT OR CONDEMNATION, FOR THE CHUCKATUCK WATER SYSTEM UPGRADE PROJECT Public Hearing - An ordinance to rezone and amend the official zoning map of the City of Suffolk, to change the zoning from CP, Commerce Park zoning district, to MUD, Mixed Use Development Overlay Zoning District, for property located at 6500 College Drive, Zoning Map 6, Parcel 35; RZ15-16 (Conditional) Utilizing a PowerPoint presentation, Planning and Community Development Director David Hainley provided a review of the background information as printed in the official agenda. Kevin Hughes, 442 West Washington Street, Economic Development Director, spoke in support of the proposed ordinance. David Gianascoli, 600 Lynnhaven Parkway, Virginia Beach, Virginia, agent, Gee’s Partners, LLC, applicant, spoke in support of the proposed ordinance. Hearing no additional speakers, the public hearing was closed. 3 City Council Regular Meeting March 21, 2018 Council Member Ward opined about the proposed ordinance as it relates to proposed rezoning. Economic Development Director Hughes explained that the proposed rezoning matches the City’s Comprehensive Plan. He added that the proposed rezoning is needed in order to support the intended activity for the parcel. Council Member Ward, on 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 CP, COMMERCE PARK ZONING DISTRICT, TO MUD, MIXED USE DEVELOPMENT OVERLAY ZONING DISTRICT FOR PROPERTY LOCATED AT 6500 COLLEGE DRIVE, ZONING MAP 6, PARCEL 35; RZ15-16 (CONDITIONAL) Public Hearing - An ordinance to rezone and amend the official zoning map of the City of Suffolk, to change the zoning from RR, Rural Residential zoning district, to RU, Residential Urban zoning district, for property located at 3347 Bridge Road, Zoning Map 12, Parcel 32; RZC2017-002 (Conditional) Utilizing a PowerPoint presentation, Planning and Community Development Director Hainley supplied a summary of the background information as printed in the official agenda. John Napolitano, 1492 South Independence Boulevard, Virginia Beach, Virginia, Bennetts Creek Quarter, LLC, applicant and property owner, spoke in support of the proposed ordinance. Melissa Venable, 5857 Harbourview Boulevard, Land Planning Solutions, agent, representing John Napolitano, Bennetts Creek Quarter, LLC, applicant and property owner Hearing no additional speakers, the public hearing was closed. Council Member Fawcett, on a motion seconded by Council Member Goldberg, moved to approve the ordinance, with conditions, as presented. Referring to the distributed handout, City Manager Roberts advised City Council that that applicant has submitted amended conditions. Therefore, it would be appropriate at this time, should it be the desire of City Council, to make a motion to approve the ordinance as amended. Council Member Fawcett, on a motion seconded by Council Member Goldberg, moved to approve the ordinance, with conditions, as amended, 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 4 City Council Regular Meeting March 21, 2018 AN ORDINANCE TO REZONE AND AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SUFFOLK, TO CHANGE THE ZONING FROM RR, RURAL RESIDENTIAL ZONING DISTRICT, TO RU, RESIDENTIAL URBAN ZONING DISTRICT, FOR PROPERTY LOCATED AT 3347 BRIDGE ROAD, ZONING MAP 12, PARCEL 32; RZC2017-002 (CONDITIONAL) Public Hearing – An ordinance to rezone and amend the official zoning map of the City of Suffolk to change the zoning from B-2, General Commercial zoning district, to M-2, Heavy Industrial zoning district, for property located at 1436 Holland Road, Zoning Map 33, Parcel 27A; RZN2018-001 Utilizing a PowerPoint presentation, Planning and Community Development Director Hainley presented an overview of the background information as printed in the official agenda. Frank Rawls, no address given, representing Robert L. Chavis, Jr., applicant and Frances Dashiell Slough et al., property owners, spoke in support of the proposed ordinance, as presented. Hearing no additional speakers, the public hearing was closed. Council Member Milteer, a motion seconded by Council Member Johnson, 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 B-2; GENERAL COMMERCIAL ZONING DISTRICT, TO M-2, HEAVY INDUSTRIAL ZONING DISTRICT, FOR PROPERTY LOCATED AT 1436 HOLLAND ROAD, ZONING MAP 33, PARCEL 27A; RZN2018-001 Public Hearing – An ordinance to grant a conditional use permit to establish a place of worship, (small, under 6,000 square feet in the main sanctuary), on property located at 125 Tynes Street, Zoning Map 34G25(A)6, Parcel 8; CUP2017-009 Utilizing a PowerPoint presentation, Planning and Community Development Director Hainley gave a summation of the background information as printed in the official agenda. Wendell Green, 800 Greenbrier Circle, Chesapeake, Virginia, WTG Design Architects, LLC, agent, representing Reverend Anita Lewis, applicant, and Wilton L. and Shirley B. Day, property owners, spoke in support of the proposed ordinance, as presented. Hearing no additional speakers, the public hearing. Council Member Milteer, a motion seconded by Vice Mayor Bennett, 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 5 City Council Regular Meeting March 21, 2018 AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO ESTABLISH A PLACE OF WORSHIP (SMALL, UNDER 6,000 SQUARE FEET IN THE MAIN SANCTUARY), ON PROPERTY LOCATED AT 125 TYNES STREET, ZONING MAP 34G25(A)6, PARCEL 8; CUP2017-009 Public Hearing – An ordinance to grant a conditional use permit to allow the amendment of the approved conditions of a previously approved conditional use permit, C8-01, as established by Ordinance Number 11-02, for property located at 1040, 1041, and 1039 Cathedral Drive, Zoning Map 24B, Parcels 21, 22, and 23; CUP2017-010 Utilizing a PowerPoint presentation, Planning and Community Development Director Hainley offered a report on the background information as printed in the official agenda. Whitney Saunders, 705 West Washington Street, Saunders and Ojeda, P.C., agent, representing Bob Widener, Widener Corporation, applicant, spoke in support of the proposed ordinance. Hearing no additional speakers, the public hearing was closed. Council Member Goldberg, a motion seconded by Council Member Duman, 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 ALLOW THE AMENDMENT OF THE APPROVED CONDITIONS OF A PREVIOUSLY APPROVED CONDITIONAL USE PERMIT, C8-01, AS ESTABLISHED BY ORDINANCE NUMBER 11-02, FOR PROPERTY LOCATED AT 1040, 1041, AND 1039 CATHEDRAL DRIVE, ZONING MAP 24B, PARCELS 21, 22, AND 23; CUP2017-010 Public Hearing – An ordinance vacating and abandoning a portion of the Mulberry Street right-of-way, otherwise generally identified as being that portion of Mulberry Street located north of Warwick Street and south of Madison Avenue, STV2018-001 Utilizing a PowerPoint presentation, Planning and Community Development Director Hainley provided a review of the background information as printed in the official agenda. Whitney Saunders, 705 West Washington Street, Saunders and Ojeda, P.C., agent, representing Birdsong Corporation, property owner, spoke in support of the proposed ordinance. Hearing no additional speakers, the public hearing was closed. Council Member Johnson, 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 6 City Council Regular Meeting March 21, 2018 AN ORDINANCE VACATING AND ABANDONING A PORTION OF THE MULBERRY STREET RIGHT-OF-WAY, OTHERWISE GENERALLY IDENTIFIED AS BEING THAT PORTION OF MULBERRY STREET LOCATED NORTH OF WARWICK STREET AND SOUTH OF MADISON AVENUE, STV2018-001 Public Hearing – An ordinance to authorize a quitclaim deed between the City of Suffolk, Grantor, and Birdsong Corporation, Grantee, for a portion of Mulberry Street pertaining to Street Vacation Request STV2018-001, that was vacated by the Council of the City of Suffolk, Virginia on March 21, 2018 Utilizing a PowerPoint presentation, Planning and Community Development Director Hainley supplied a summary of the background information as printed in the official agenda. Hearing no speakers, the public hearing was closed. Council Member Fawcett, 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 AUTHORIZE A QUITCLAIM DEED BETWEEN THE CITY OF SUFFOLK, GRANTOR, AND BIRDSONG CORPORATION, GRANTEE, FOR A PORTION OF MULBERRY STREET PERTAINING TO STREET VACATION REQUEST STV2018-001, THAT WAS VACATED BY THE COUNCIL OF THE CITY OF SUFFOLK, VIRGINIA ON MARCH 21, 2018 ORDINANCES Ordinance – An ordinance to grant relief from the ten (10) year post conveyance holding period for a parcel of land identified as Tax Map Parcel 39*41C*1 created through a family transfer conveyance in accordance with Section 31-514 of the Unified Development Ordinance Utilizing a PowerPoint presentation, Planning and Community Development Director Hainley presented an overview of the background information as printed in the official agenda. Referring to the presentation, Council Member Milteer asked about the amount of time remaining on the family transfer. Planning and Community Development Director Hainley stated that there are two years remaining on the ten year post conveyance holding period. Referring to the presentation, Council Member Milteer opined about the reason the property owner is seeking the exemption from the ten year post conveyance holding period. Planning and Community Development Director Hainley reported the property owner is seeking exemption from the ten year conveyance holding period due to an unforeseen change in financial circumstances. 7 City Council Regular Meeting March 21, 2018 Council Member Johnson, a motion seconded by Council Member Fawcett, moved to approve the ordinance, as presented, by the following vote: AYES: Mayor L. Johnson, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 7 NAYS: Vice Mayor Bennett 1 AN ORDINANCE TO GRANT RELIEF FROM THE TEN (10) YEAR POST CONVEYANCE HOLDING PERIOD FOR A PARCEL OF LAND IDENTIFIED AS TAX MAP PARCEL 39*41C*1 CREATED THROUGH A FAMILY TRANSFER CONVEYANCE IN ACCORDANCE WITH SECTION 31-514 OF THE UNIFIED DEVELOPMENT ORDINANCE STAFF REPORTS There were no items under this portion of the agenda. MOTIONS Motion – A motion to schedule a Work Session, for April 4, 2018, at 4 p.m., unless cancelled Council Member Fawcett, on a motion seconded by Council Member Johnson, moved to schedule a Work Session for April 4, 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 There were no speakers under this portion of the agenda. NEW BUSINESS City Clerk Dawley presented the following board and commission nominations for City Council’s consideration: Historic Landmarks Commission – Larry Riddick and Virginia Municipal League Policy Committees – Community and Economic Development – Council Member Lue Ward; Environmental Quality – Council Member Tim Johnson; Finance Committee – Council Member Curtis Milteer; General Laws – Council Member Donald Goldberg; Human Development and Education – Vice Mayor Leroy Bennett; and Transportation – Council Member Roger Fawcett. Council Member Goldberg, on a motion seconded by Council Member Johnson, 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 8 City Council Regular Meeting March 21, 2018 ANNOUNCEMENTS AND COMMENTS Utilizing a PowerPoint presentation, Media and Community Relations Director Diana Klink reported on the following: ribbon cutting of Brick and Mortar Brewing Company; the honorees from Suffolk Police Department’s Awards Ceremony and Banquet; Suffolk Restaurant Week; the observance of Suffolk Public Utilities “Fix A Leak” Week; the Suffolk Parks and Recreation Department’s Eggstravaganza at Bennett’s Creek Park and the Nansemond River Cleanup. Council Member Fawcett reported he attended the Suffolk Police Department’s Awards Ceremony and Banquet. Council Member Goldberg opined about the Suffolk Police Department’s Awards Ceremony and Banquet and event at the Suffolk Center for Cultural Arts. Council Member Milteer opined about the budget for the Suffolk Public Schools. Council Member Johnson reported he went to Brick and Mortar Brewing Company. Council Member Ward announced he attended the ribbon cutting of Brick and Mortar Brewing Company and the Suffolk Police Department’s Awards Ceremony and Banquet. Council Member Duman acknowledged Marie Hill’s birthday. Council Member Duman reported he attended the following: the Nansemond River Pilot Club’s Womanless Beauty Pageant; the ribbon cutting of Brick and Mortar Brewing Company and the Suffolk Police Department’s Awards Ceremony and Banquet. Council Member Duman thanked the Public Works Department for their assistance with a constituent issue. Vice Mayor Bennett announced he attended the Suffolk Police Department’s Awards Ceremony and Banquet. Vice Mayor Bennett opined about the Project Lifesaver’s Kentucky Derby Fundraiser. Vice Mayor Bennett reported flooding near Nansemond River High School. Mayor Johnson reported she attended the Suffolk Police Department’s Awards Ceremony and Banquet and the Suffolk Police Department’s Awards Ceremony and Banquet. Mayor Johnson opined about new eateries in Northern Suffolk. Mayor Johnson encouraged residents to participate in the upcoming Restaurant Week. Mayor Johnson reported she attended an event promoting student safety at Lakeland High School 9 City Council Regular Meeting March 21, 2018 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 8:20 p.m. Teste: ________________________________________________ Erika S. Dawley, MMC, City Clerk Approved: ____________________________________________ Linda T. Johnson, Mayor APPROVED: APRIL 18, 2018 10