City Council Meeting Agendas

City Council Regular Meeting June 20, 2018 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, June 20, 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 June 20, 2018, pursuant to Section 2.2-3712 of the Code of Virginia (1950), as amended. Council Member Fawcett, 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 JUNE 20, 2018, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting June 20, 2018 APPROVAL OF THE MINUTES Vice Mayor Bennett, on a motion seconded by Council Member Goldberg, moved to approve the minutes from the May 16, 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 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. Council Member Johnson, on a motion seconded by Council Member Duman, moved to remove Consent Agenda Item #10 for a separate vote under the Ordinances portion of the agenda 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 - An ordinance to amend Chapter 54, Miscellaneous Offenses, Article VI, Removal or Repair of Buildings and Other Structures Harboring Illegal Drug Use of the Code of the City of Suffolk Consent Agenda Item #8 - An ordinance to accept and appropriate funds from the Target Corporation 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 #11 - An ordinance amend Chapter 90, Utilities, Article VII, Stormwater, to update the definition of Equivalent Residential Unit or ERU 2 City Council Regular Meeting June 20, 2018 Consent Agenda Item #12 - An ordinance to accept and appropriate funds from Averitt Properties, Incorporated, for the Northgate Commerce Parkway Extension Project Consent Agenda Item #13 - A resolution of the Council of the City of Suffolk, Virginia for approval of the issuance by Suffolk Redevelopment and Housing Authority of its multi-family housing revenue bonds for the benefit of the Hope Village Project, located in the County of Henrico, Virginia Referring to Consent Agenda Items #7 through #9 and #11 through #13, City Manager Roberts submitted a review of the background information as printed in the official agenda. Council Member Milteer, on a motion seconded by Council Member Fawcett, moved to approve Consent Agenda Items #7 through #9 and #11 through #13, 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 grant a conditional use permit to establish a membership club and public assembly, with live entertainment, on property located at 1226 White Marsh Road, Zoning Map 35, Parcel 168D; CUP2018-002 Utilizing a PowerPoint presentation, Planning and Community Development Director David Hainley offered a summary of the background information as printed in the official agenda. James Johnson, no address given, President, Unity Brothers, Incorporated, spoke in support of the proposed ordinance, as presented. Hearing no additional speakers, the public hearing was closed. Vice Mayor Bennett moved for approval of the ordinance, with conditions, as presented. The motion failed to receive a second. Referring to the presentation, Council Member Duman opined about the ambiguity of the language regarding entertainment. Planning and Community Development Director Hainley explained that this is a private facility, not open to the general public. He added that the private facility can be rented, and the renters can have a band or disc jockey. Referring to the presentation, Council Member Duman queried about the fundraisers at the facility. Planning and Community Development Director Hainley said that any attendees of a fundraiser hosted by the members would be considered guests of the members. Vice Mayor Bennett, on a motion seconded by Council Member Duman, moved to approve the ordinance, with conditions, as presented. Council Member Ward asked about the capacity of the facility. Planning and Community Development Director Hainley reported that staff is working with the applicant to determine this matter as a part of the design phase and will be determined by the Fire Marshall. 3 City Council Regular Meeting June 20, 2018 Referring to the presentation, Council Member Ward called for information about the hours of operation of the proposed facility. Planning and Community Development Director Hainley stated that the proposed facility’s operating hours would be Sunday through Thursday from 9:00 a.m. to 11:00 p.m. and Friday and Saturday from 9:00 a.m. to 12:00 a.m. Vice Mayor Bennett, on 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 ESTABLISH A MEMBERSHIP CLUB AND PUBLIC ASSEMBLY, WITH LIVE ENTERTAINMENT, ON PROPERTY LOCATED AT 1226 WHITE MARSH ROAD, ZONING MAP 35, PARCEL 168D, CUP2018-002 Public Hearing – An ordinance to amend Chapter 31, Unified Development Ordinance of the Code of the City of Suffolk, Article 1, Section 31-105, Consistency with Comprehensive Plan; Article 4, Section 31-404, Zoning Map, and Section 31-419, Mixed Use Development Overlay District; Article 5, Section 31-511, Engineering Plans, and Section 31-512, Assurance for Completion and Maintenance of Public and Private Improvements; Appendix A, Definitions; and Appendix B, Submission Requirements; OTA2018-002 Utilizing a PowerPoint presentation, Planning and Community Development Director Hainley provided a synopsis of the background information as printed in the official agenda. Hearing no speakers, the public hearing was closed. Council Member Johnson, on a motion seconded by Council Member Goldberg, 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 AMEND CHAPTER 31, UNIFIED DEVELOPMENT ORDINANCE OF THE CODE OF THE CITY OF SUFFOLK, ARTICLE 1, SECTION 31-105, CONSISTENCY WITH COMPREHENSIVE PLAN; ARTICLE 4, SECTION 31-404, ZONING MAP, AND SECTION 31-419, MIXED USE DEVELOPMENT OVERLAY DISTRICT; ARTICLE 5, SECTION 31-511, ENGINEERING PLANS, AND SECTION 31-512, ASSURANCE FOR COMPLETION AND MAINTENANCE OF PUBLIC AND PRIVATE IMPROVEMENTS; APPENDIX A, DEFINITIONS; AND APPENDIX B, SUBMISSION REQUIREMENTS; OTA2018-002 Public Hearing – A resolution to adopt the Suffolk Downtown Master Plan as an amendment to Suffolk 2035: A Vision for the Future, City of Suffolk Comprehensive Plan: CPA01-18 4 City Council Regular Meeting June 20, 2018 Planning and Community Development Director Hainley introduced Dan Douglas and Jason Epley, Benchmark Planning, the City’s consultants for the downtown initiative plan. Utilizing a PowerPoint presentation, Mr. Douglas gave an overview on the above referenced item. Hearing no speakers, the public hearing was closed. Council Member Milteer, on a motion seconded by Council Member Johnson, 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 TO ADOPT THE SUFFOLK DOWNTOWN MASTER PLAN AS AN AMENDMENT TO SUFFOLK 2035: A VISION FOR THE FUTURE, CITY OF SUFFOLK COMPREHENSIVE PLAN: CPA01-18 Public Hearing – An ordinance to amend Chapter 31, Unified Development Ordinance of the Code of the City of Suffolk, Article 6, Design and Improvement Standards, Section 31-603, Landscaping Standards, and Article 7, Supplemental Use Regulations, Section 31-716, Telecommunication Facilities; OTA2018-006 Referring to the distributed handout, City Manager Roberts explained that after the City Council meeting agendas were distributed, the proposed ordinance has been amended. He added that should it be the desire of City Council to approve the proposed ordinance, the motion would need to reflect the amendment. Utilizing a PowerPoint presentation, Planning and Community Development Director Hainley supplied a summation of the background information as printed in the official agenda. Hearing no speakers, the public hearing was closed. Referring to the presentation, Council Member Duman inquired about the language in the proposed ordinance, as it relates to the State Code. Planning and Community Development Director Hainley advised that the proposed ordinance mirrors the language in the State Code. Referring to the presentation, Council Member Duman opined about the proposed setback requirements. Planning and Community Development Director Hainley explained that the changes in the setback requirements are a reflection of the changes in the telecommunications technology. Council Member Fawcett, on a motion seconded by Council Member Duman, moved to approve the ordinance, 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 5 City Council Regular Meeting June 20, 2018 AN ORDINANCE TO AMEND CHAPTER 31, UNIFIED DEVELOPMENT ORDINANCE OF THE CODE OF THE CITY OF SUFFOLK, ARTICLE 6, DESIGN AND IMPROVEMENT STANDARDS, SECTION 31-603, LANDSCAPING STANDARDS, AND ARTICLE 7, SUPPLEMENTAL USE REGULATIONS, SECTION 31-716, TELECOMMUNICATION FACILITIES; OTA2018-006 Public Hearing – An ordinance approving route and schedule changes for Suffolk Transit Utilizing a PowerPoint presentation, Public Works Assistant Director LeRoy Hansen submitted a report on the background information as printed in the official agenda. The following individuals spoke in support of the proposed ordinance, as presented: Carl Jackson, 106 Rochdale Lane, representing self. Angelo Stone, 2109 Arizona Avenue, representing self. Sheila Waller, 121 Bosley Avenue, representing self. 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, 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 APPROVING ROUTE AND SCHEDULE CHANGES FOR SUFFOLK TRANSIT Public Hearing – An ordinance authorizing the acquisition of real property in fee simple for right of way and temporary and permanent easements, either by agreement or condemnation, for the Badger Road Bridge Replacement Project Utilizing a PowerPoint presentation, Public Works Assistant Director Hansen offered a summary 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 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 June 20, 2018 AN ORDINANCE AUTHORIZING THE ACQUISITION OF REAL PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY AND TEMPORARY AND PERMANENT EASEMENTS, EITHER BY AGREEMENT OR CONDEMNATION, FOR THE BADGER ROAD BRIDGE REPLACEMENT PROJECT Public Hearing – An ordinance authorizing the acquisition of real property in fee simple for right of way and temporary and permanent easements, either by agreement or condemnation, for the Rural Drainage Project Utilizing a PowerPoint presentation, Public Works Assistant Director Hansen provided a synopsis of the background information as printed in the official agenda. Hearing no speakers, the public hearing was closed. Council Member Milteer, on a motion seconded by Council Member Fawcett, moved to approve the ordinance, as presented, by 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 FOR RIGHT OF WAY AND TEMPORARY AND PERMANENT EASEMENTS, EITHER BY AGREEMENT OR CONDEMNATION, FOR THE RURAL DRAINAGE PROJECT Public Hearing – An ordinance authorizing the acquisition of real property in fee simple for right of way and temporary and permanent easements, either by agreement or condemnation, for the Mineral Springs Bridge Replacement Project Utilizing a PowerPoint presentation, Public Works Assistant Director Hansen gave a summation of the background information as printed in the official agenda. 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 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 FOR RIGHT OF WAY AND TEMPORARY AND PERMANENT EASEMENTS, EITHER BY AGREEMENT OR CONDEMNATION, FOR THE MINERAL SPRINGS BRIDGE REPLACEMENT PROJECT 7 City Council Regular Meeting June 20, 2018 ORDINANCES Ordinance – An ordinance to accept, appropriate, and transfer insurance proceeds from Virginia Municipal League Insurance Programs and to appropriate and transfer funds from the General Fund Unassigned Fund Balance to the Capital Projects Fund for the Cart Barn Replacement Project at Sleepy Hole Golf Course (This item was removed from the Consent Agenda.) Utilizing a PowerPoint presentation, City Manager Roberts reviewed the background information as printed in the official agenda. Referring to the presentation, Council Member Johnson opined about the purpose of the proposed ordinance. City Manager Roberts said that the City leases the golf course to an operator but the City owns all of the assets, therefore, it is the best interest of the City to replace any assets. Referring to the presentation, Council Member Johnson solicited information about the size of the former cart barn. Capital Programs and Buildings Director Gerry Jones explained that the former cart barn was formerly a dairy barn, and it was 3,200 square feet. Referring to the presentation, Council Member Johnson called for clarification about the payment for the replacement golf carts. Capital Programs and Buildings Director Jones reported that the leasee’s insurance paid for the replacement golf carts. Council Member Johnson opined about receiving reports on the operation of the golf course. Referring to the presentation, Council Member Johnson queried about the leasee’s responsibility to insure all of the buildings. City Manager Roberts stated that the leasee is responsible for insuring the contents of the building, and the City is responsible for insuring the buildings themselves. Referring to the presentation, Mayor Johnson inquired about the low insurance payout on the former cart barn. Capital Programs and Buildings Director Jones said the payout was low due to the age and depilated state of the building. Council Member Fawcett asked for information about the location of the electric carts. City Manager Roberts replied that gas carts are being leased temporarily. Referring to the presentation, Council Member Duman questioned the status of estimates and bids for the proposed replacement cart barn. City Manager Roberts and Capital Programs and Buildings Director Jones indicated that estimates have been received but no bids yet. Referring to the presentation, Council Member Duman opined about the course of action, should the cost for the proposed replacement cart barn exceed the amount in the proposed ordinance. City Manager Roberts reported he would return to City Council with alternate recommendation. Referring to the presentation, Council Member Goldberg queried about the wind factor for the proposed replacement cart barn. Capital Programs and Buildings Director Jones advised that the wind factor is 110 miles per hour. Council Member Fawcett, on a motion seconded by Council Member Duman, moved to approve the ordinance, as presented, by the following vote: 8 City Council Regular Meeting June 20, 2018 AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, Milteer and Ward 7 NAYS: Council Member T. Johnson 1 AN ORDINANCE TO ACCEPT, APPROPRIATE, AND TRANSFER INSURANCE PROCEEDS FROM VIRGINIA MUNICIPAL LEAGUE INSURANCE PROGRAMS AND TO APPROPRIATE AND TRANSFER FUNDS FROM THE GENERAL FUND UNASSIGNED FUND BALANCE TO THE CAPITAL PROJECTS FUND FOR THE CART BARN REPLACEMENT PROJECT AT SLEEPY HOLE GOLF COURSE 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 public hearing for the July 18, 2018 City Council meeting, regarding authorizing the issuance and sale of General Obligation Public Improvement Bonds, Series 2018 Council Member Fawcett, on a motion seconded by Vice Mayor Bennett, moved to schedule to schedule a public hearing for the July 18, 2018, City Council meeting regarding authorizing the issuance and sale of General Obligation Public Improvement Bonds, Series 2018, 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 July 18, 2018, at 4 p.m., unless cancelled Vice Mayor Bennett, on a motion seconded by Council Member Johnson, moved to schedule a Work Session for July 18, 2018, at 4 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 James Flippens, 513 Lanier Crescent, Portsmouth, Virginia, representing self, requested funding for the Belleville Experience Youth Program. NEW BUSINESS City Clerk Dawley presented the following board and commission nomination for City Council’s consideration: Hampton Roads Planning District Commission – City Manager Patrick Roberts. 9 City Council Regular Meeting June 20, 2018 Council Member Fawcett, on a motion seconded by Council Member Johnson, moved to nominate and appoint the above referenced individual to the aforementioned body, 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 Mayor Johnson asked for information on a timeframe and ways the City can begin to implement the approved Downtown Plan. City Manager Roberts advised that the timing for future improvements can coincide with development of the next Capital Improvement Plan. He offered to provide preliminary information. ANNOUNCEMENTS AND COMMENTS Utilizing a PowerPoint presentation, Media and Community Relations Director Diana Klink reported on the following: the receipt of a grant by Keep Suffolk Beautiful from Keep Virginia Beautiful; the Suffolk Public Library’s Mess Hall Free Lunch; 2018 National Night Out Community Kick-off; Suffolk Police Department’s Badge Pinning Ceremony; the Parks and Recreation Department’s Star and Stripes Spectacular; the City’s observance of Independence Day holiday; Suffolk Police Department’s summer safety tips; Suffolk Fire and Rescue Department’s tips for dealing with extreme heat and Parks and Recreation Director Lakita Watson’s 20 years of service. Council Member Goldberg congratulated Parks and Recreation Director Watson on her new position. Council Member Fawcett opined about the Keep Suffolk Beautiful and Suffolk Public Library events. Council Member Fawcett acknowledged the Suffolk Police Department and the Suffolk Fire and Rescue Department. Council Member Milteer congratulated Parks and Recreation Director Watson on her new position. Council Member Milteer opined about the Downtown Master Plan. Council Member Duman announced he attended the Business Appreciation Event. Council Member Duman congratulated Parks and Recreation Director Watson on her new position. Council Member Ward congratulated Parks and Recreation Director Watson on her new position. Council Member Ward announced he attended the Suffolk Sister Cities Commission Young Artists and Authors Awards Ceremony. Council Member Ward acknowledged Mr. Flippens Council Member Johnson opined about the importance of citizenship through a story featuring his encounter with Karim Kharbouch, also known as French Montana. Vice Mayor Bennett acknowledged Mr. Flippens. 10 City Council Regular Meeting June 20, 2018 Vice Mayor Bennett congratulated Parks and Recreation Director Watson on her new position. Mayor Johnson congratulated Parks and Recreation Director Watson on her new position. Council Member Fawcett, on a motion seconded by Vice Mayor Bennett, 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 9:06 p.m. Teste: ________________________________________________ Erika S. Dawley, MMC, City Clerk Approved: ____________________________________________ Linda T. Johnson, Mayor APPROVED: JULY 18, 2018 11