City Council Meeting Agendas

City Council Regular Meeting July 18, 2018 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, July 18, 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 was led by Boy Scout Troop 73. FREEDOM OF INFORMATION ACT CERTIFICATION City Clerk Dawley presented a resolution certifying the Closed Meeting of July 18, 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 JULY 18, 2018, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting July 18, 2018 APPROVAL OF THE MINUTES Vice Mayor Bennett, on a motion seconded by Council Member Johnson, moved to approve the minutes from the June 6, 2018, and June 20, 2018, Work Sessions and Regular Meetings, 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 Presentation – 2018 National Night Out Invitation Utilizing a video presentation, Media and Community Relations Director Diana Klink presented an overview a summary of the background information as printed in the official agenda. Mayor Johnson presented a proclamation, and Police Chief Thomas Bennett offered supplementary comments. 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 Fawcett, on a motion seconded by Council Member Milteer, moved 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 funds from the Keep Virginia Beautiful “30 Grants In 30 Days” Grant Award for the City of Suffolk Litter Prevention and Recycling Program Consent Agenda Item #8 - An ordinance to accept and appropriate funds from Pilot Travel Centers LLC for the placement of sidewalk along the Route 58 corridor within the Pilot - Flying J project limits and within the Route 58/Manning Bridge Road (Kenyon Road Connector) intersection improvements project 2 City Council Regular Meeting July 18, 2018 Consent Agenda Item #9 - An ordinance to appropriate funds from the Road Maintenance Fund Restricted Fund Balance for street and drainage improvements in the Heron’s Point subdivision Consent Agenda Item #10 - An ordinance to accept and appropriate funds from the American Library Association Judith F. Krug Memorial Fund Banned Books Week Grant for the City of Suffolk Public Library Consent Agenda Item #11 - An ordinance to accept and appropriate Suffolk HOME Investment Partnership Program funds due to the repayment of down payment and closing cost assistance funds associated with the City of Suffolk Down Payment and Closing Cost Assistance program Consent Agenda Item #12 - An ordinance to accept and appropriate a Justice Assistance Grant from the United States Department of Justice in support of the Suffolk Police Department and Office of the Commonwealth’s Attorney Consent Agenda Item #13 - An ordinance to accept and appropriate funds from the Virginia E-911 Services Board for the Suffolk Police Department Consent Agenda Item #14 - An ordinance to accept and appropriate funds from the Virginia E-911 Services Board Public Safety Answering Point Grant Program for the Suffolk Police Department Consent Agenda Item #15 - An ordinance to amend Section 38-38 of the Code of the City of Suffolk to remove the Holland Volunteer Fire Department from the City’s official safety program Referring to Consent Agenda Items #7 through #15, 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 Consent Agenda Items #7 through #15, 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 issuance and sale of bonds by the City of Suffolk, Virginia, and establishing the terms, details, and provisions for the payment thereof Utilizing a PowerPoint presentation, Finance Director Tealen Hansen offered a summary of the background information as printed in the official agenda. Hearing no speakers, the public hearing was closed. 3 City Council Regular Meeting July 18, 2018 Vice Mayor Bennett, 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 TO AUTHORIZING THE ISSUANCE AND SALE OF BONDS BY THE CITY OF SUFFOLK, VIRGINIA, AND ESTABLISHING THE TERMS, DETAILS, AND PROVISIONS FOR THE PAYMENT THEREOF 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-24, Residential Urban-24 Zoning District, for property located at the north-east corner of Harbour View Boulevard and Hampton Roads Parkway, Zoning Map 6, Parcel 3; RZN2018-003 (Conditional) Utilizing a PowerPoint presentation, Planning and Community Development Director David Hainley provided a synopsis of the background information as printed in the official agenda. The following individuals spoke in support of the proposed ordinance: Whitney Saunders, 705 West Washington Street, representing Edwin Miller, P.E., Kimley-Horn, agent. Dave Redmond, 425 Main Street, Suite 900, Virginia Beach, Virginia, representing Divaris Real Estate. Andrew Sweet, 5102 Clipper Cove Lane, President, Harbourview Home Owners Association. Council Member Fawcett, on a motion seconded by Council Member Duman, moved to extend the public hearing for 10 minutes for the proponents and the opponents, 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 Bonnie Robinson, 3383 Village Square Place, Member, Board of Directors, Harbourview Home Owners Association, spoke in support of the proposed ordinance. Steve Wadell, no address given, opined about alternative uses for the parcel under consideration. Whitney Saunders, 705 West Washington Street, representing Edwin Miller, P.E., Kimley-Horn, agent, asked the members of the audience in support of the proposed ordinance to stand. Hearing no additional speakers, the public hearing was closed. Council Member Ward moved to approve the ordinance, with conditions, as presented. The motion failed to receive a second. Council Member Fawcett moved to continue consideration of the proposed ordinance to the September 19, 2018, City Council meeting. The motion failed to receive a second. 4 City Council Regular Meeting July 18, 2018 Referring to the presentation, Council Member Johnson queried about the applicant’s proffers relating to school capacity as outlined in the City’s Unified Development Ordinance. Planning and Community Development Director Hainley explained that the applicant’s proffers do not adequately address the impact of the proposed project on school capacity. Members of City Council opined about the proposed ordinance as presented. Council Member Johnson, on a motion seconded by Council Member Milteer, moved to deny the proposed ordinance, with conditions, as presented. Members of City Council opined about the proposed ordinance as presented. Referring to the presentation, Council Member Fawcett called for information regarding the potential impact of the proposed project on traffic. Traffic Engineer Robert Lewis said that the proposed project would adversely impact traffic in the area, and the City is applying future funding to address these concerns. Council Member Johnson, on a motion seconded by Council Member Milteer, moved to deny the ordinance, as presented, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, T. Johnson and Milteer 5 NAYS: Council Member Fawcett, Goldberg and Ward 3 Public Hearing - An ordinance to amend Chapter 31, Unified Development Ordinance of the Code of the City of Suffolk, Article 5, Subdivision, Section 31-513, Phasing or Revising Approved Subdivisions or Site Plans; OTA2018-003 Utilizing a PowerPoint presentation, Planning and Community Development Director Hainley gave an overview on the above referenced item. Hearing no speakers, the public hearing was closed. Council Member Duman, on 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 AN ORDINANCE TO AMEND CHAPTER 31, UNIFIED DEVELOPMENT ORDINANCE OF THE CODE OF THE CITY OF SUFFOLK, ARTICLE 5, SUBDIVISION, SECTION 31-513, PHASING OR REVISING APPROVED SUBDIVISIONS OR SITE PLANS; OTA2018-003 5 City Council Regular Meeting July 18, 2018 Public Hearing - An ordinance to amend Chapter 31, Unified Development Ordinance of the City of Suffolk, Article 7 Supplemental Use Regulations, Section 31-709, Mini-warehouse; OTA2018-004 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. Council Member Johnson, on 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 AN ORDINANCE TO AMEND CHAPTER 31, UNIFIED DEVELOPMENT ORDINANCE OF THE CITY OF SUFFOLK, ARTICLE 7 SUPPLEMENTAL USE REGULATIONS, SECTION 31-709, MINI-WAREHOUSE; OTA2018-004 Public Hearing - An ordinance to amend Chapter 31, Unified Development Ordinance of the City of Suffolk, Article 7 Supplemental Use Regulations, Section 31-717, Temporary Uses and Appendix “A” - Definitions; OTA2018-005 Utilizing a PowerPoint presentation, Planning and Community Development Director Hainley submitted a report on the background information as printed in the official agenda. Hearing no 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 TO AMEND CHAPTER 31, UNIFIED DEVELOPMENT ORDINANCE OF THE CITY OF SUFFOLK, ARTICLE 7 SUPPLEMENTAL USE REGULATIONS, SECTION 31-717, TEMPORARY USES AND APPENDIX “A” - DEFINITIONS; OTA2018-005 Public Hearing - Consideration of an appeal of the decision of the Historic Landmarks Commission in regard to request for Certificate of Appropriateness HLC2018-0014 for property located at 13 Clay Street, Zoning Map 34G18, Block A, Parcel 352 Utilizing a PowerPoint presentation, Planning and Community Development Director Hainley offered a summary a report on the background information as printed in the official agenda. Gregory Mitchell, no address provided, representing self, spoke in support of the appeal. 6 City Council Regular Meeting July 18, 2018 Kermit Hobbs, 825 General Pickett Drive, Chair, Historic Landmarks Commission, spoke in opposition to the appeal. Hearing no additional speakers, the public hearing was closed. Vice Mayor Bennett asked about the methodology used to advise a homeowner that a parcel is located in the Historic Conservation Overlay District. Planning and Community Development Director Hainley stated that anyone that purchases a home in the district receives a “Buyer Beware” notice which includes that information. He added that staff sent out a notice of the district’s requirements a month before the roof was installed. Council Member Ward queried about the party who is responsible for advising a homeowner about the regulations of the Historic Conservation Overlay District. Mayor Johnson said that when a person purchases a home, they receive a disclosure regarding the location of a home in the district, and a buyer must sign the disclosure. Council Member Duman, on a motion seconded by Council Member Goldberg, moved to affirm the decision of the Historic Landmarks Commission in regard to request for Certificate of Appropriateness HLC2018-0014 for property located at 13 Clay Street, Zoning Map 34G18, Block A, Parcel 352, 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 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 54*5C*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 Hainley supplied a report on the background information as printed in the official agenda. Referring to the presentation, Council Member Duman asked about the Office of the City Attorney’s opinion regarding the recommendation from the Planning and Community Development Department. City Attorney Holland indicated that her department did not have an opinion. Referring to the presentation, Council Member Duman called for clarification the Office of the City Attorney regarding the Unified Development Ordinance’s stipulation about the waiver of the ten-year post conveyance holding period for family transfer, as it relates to the death of the recipient of the gift versus the donor. City Attorney Holland called on Assistant City Attorney Karla Williams to address this matter. Assistant City Attorney Williams explained that a waiver of the holding period can be granted when there is a death of the recipient of the gift, not the donor. She added that in this instance as the donor has died and not the recipient, the waiver of the holding period is not warranted. 7 City Council Regular Meeting July 18, 2018 Council Member Duman opined about the potential need to change the language in the Unified Development Ordinance regarding the waiver of the ten-year post conveyance holding period for family transfer as it relates to the death of the recipient of the gift versus the donor. City Attorney Holland indicated that the current language is clear about the requirements to receive a waiver. Council Member Goldberg, on a motion seconded by Vice Mayor Bennett, moved to deny 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 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 August 1, 2018 City Council Meeting regarding permanent relocation of the Belleharbor voting precinct Council Member Fawcett, on a motion seconded by Vice Mayor Bennett, moved to schedule a to schedule a Public Hearing for the August 1, 2018 City Council Meeting regarding permanent relocation of the Belleharbor voting precinct, 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 August 1, 2018, at 4 p.m., unless cancelled Council Member Johnson, on a motion seconded by Council Member Fawcett, moved to schedule a Work Session for August 1, 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 Frank Ottofaro, 1425 Bridge Point Trail, representing self, opined about operations in the Office of the City Treasurer. 8 City Council Regular Meeting July 18, 2018 NEW BUSINESS City Clerk Dawley presented the following board and commission nomination for City Council’s consideration: Suffolk Clean Community Commission Keep Suffolk Beautiful Executive Board - Christina Brooks. Council Member Fawcett, on a motion seconded by Council Member Goldberg, 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 ANNOUNCEMENTS AND COMMENTS Utilizing a PowerPoint presentation, Media and Community Relations Assistant Director Tim Kelley reported on the following: ribbon cuttings for Wine and Design and Scrubs Plus; City Treasurer Ronald Williams’ receipt of the Commonwealth Award from the Treasurer’s Association of Virginia; National Night Out Duck Pluck and TGIF Summer Concert; and the Suffolk Public Library’s Step Studio and Summer Dance Soiree. Council Member Goldberg opined about National Night Out and the TGIF Summer Concerts. Council Member Fawcett opined about National Night Out. Council Member Fawcett announced he attended the funeral of the late Mayor William E. Ward, City of Chesapeake. Council Member Milteer advised that Suffolk Redevelopment and Housing Authority would be presenting information to City Council in September about their ongoing housing update. Council Member Duman opined about the 80th anniversary of Veterans of Foreign Wars Joe Bagley Post 2582. Council Member Duman reported he attended the Suffolk Cities Commission Annual Summer Picnic and the downtown library community meeting. Council Member Ward opined about traffic in Harbourview. Council Member Ward announced he attended the funeral of the late Mayor William E. Ward, City of Chesapeake. Council Member Johnson reported he attended the Stars and Stripes Spectacular at Constant’s Wharf. Council Member Johnson congratulated Michael Nairn on receiving his United States citizenship. Council Member Johnson opined about the downtown library community meetings. Council Member Johnson opined about a public pier at Constant’s Wharf. 9 City Council Regular Meeting July 18, 2018 Vice Mayor Bennett announced he attended the following: the ribbon cutting for Wine and Design; the Stars and Stripes Spectacular at Constant’s Wharf; the wake for the late Mayor William E. Ward, City of Suffolk and the downtown library community meeting. Vice Mayor Bennett thanked City Manager Roberts for the installation of the picture of Dr. L.D. Britt at the Health and Human Services Building. Mayor Johnson thanked City Administration for their efforts during the recent bond visit. Mayor Johnson opined about the feasibility of City Council taking a citywide tour of various projects. Mayor Johnson opined about National Night Out. Mayor Johnson encouraged residents to visit Wine and Design. 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 9:42 p.m. Teste: ________________________________________________ Erika S. Dawley, MMC, City Clerk Approved: ____________________________________________ Linda T. Johnson, Mayor APPROVED: AUGUST 1, 2018 10