City Council Meeting Agendas

City Council Regular Meeting December 5, 2018 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, December 5, 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. She then called for a moment of silence in recognition of the passing of the late President George H.W. Bush. Boy Scout Troop 16 led the Pledge of Allegiance. FREEDOM OF INFORMATION ACT CERTIFICATION City Clerk Dawley presented a resolution certifying the Closed Meeting of December 5, 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 Milteer, 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 DECEMBER 5, 2018, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting December 5, 2018 APPROVAL OF THE MINUTES Council Member Duman, on a motion seconded by Vice Mayor Bennett, moved to approve the minutes from the November 7, 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 Special Presentation – 2018 National Night Out National Award Utilizing a video presentation, Media and Community Relations Director Diana Klink and Police Chief Thomas Bennett gave a report on the above referenced item. 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 Vice Mayor Bennett, 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 Virginia Department of Environmental Quality for the City of Suffolk Litter Prevention and Recycling Program Consent Agenda Item #8 - An ordinance to accept and appropriate funds from the Lois Lenski Covey Foundation for the Suffolk Public Library Consent Agenda Item #9 - An ordinance to accept and appropriate funds from the Virginia Department of Motor Vehicles Animal Friendly License Plate Program for Animal Shelter Services Consent Agenda Item #10 - An ordinance to appropriate $125,000 from the Cemetery Fund Unappropriated Fund Balance for improvements and maintenance at Cedar Hill Cemetery 2 City Council Regular Meeting December 5, 2018 Consent Agenda Item #11 - An ordinance to accept and appropriate a Creative Communities Partnership Grant award from the Virginia Commission for the Arts Consent Agenda Item #12 - A resolution adopting the 2019 Legislative Agenda for the City of Suffolk Referring to Consent Agenda Items #7 through #12, City Manager Roberts submitted a review of the background information as printed in the official agenda. Mayor Johnson called for a motion to direct City Manager Roberts to prepare a resolution in support of the passage of the Equal Rights Amendment for consideration at the December 19, 2018, City Council meeting. Vice Mayor Bennett, on a motion seconded by Council Member Duman, moved to approve a motion to direct City Manager Roberts to prepare a resolution in support of the passage of the Equal Rights Amendment for consideration at the December 19, 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 Council Member Fawcett, on a motion seconded by Council Member Johnson, moved to approve Consent Agenda Items #7 through #12, 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 in order to amend the previously approved proffered conditions of the Millstone Residential Development for property located on Turlington Road, Zoning Map 44, Parcel 8D; RZN2018-006 (Conditional) Utilizing a PowerPoint presentation, Planning and Community Development Director David Hainley offered a summary of the background information as printed in the official agenda. Whitney Saunders, 705 West Washington Street, Saunders and Ojeda, P.C., applicant, representing Turlington Properties, LLC, property owner, spoke in support of the proposed ordinance, as presented. Hearing no additional speakers, the public hearing was closed. Council Member Duman, 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 3 City Council Regular Meeting December 5, 2018 AN ORDINANCE TO REZONE AND AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SUFFOLK IN ORDER TO AMEND THE PREVIOUSLY APPROVED PROFFERED CONDITIONS OF THE MILLSTONE RESIDENTIAL DEVELOPMENT FOR PROPERTY LOCATED ON TURLINGTON ROAD ZONING MAP 44, PARCEL 8D; RZN2018-006 (CONDITIONAL) Public Hearing – An ordinance to rezone and amend the official zoning map of the City of Suffolk, to change the zoning from M-1, Light Industrial zoning district, to B-2, General Commercial zoning district, for property located at 713 Carolina Road, Zoning Map 44, Parcel 27; RZN2018-010 Utilizing a PowerPoint presentation, Planning and Community Development Director Hainley supplied a report of the background information as printed in the official agenda. Susan Eason, 1385 Cypress Chapel Road, applicant and contract purchaser, spoke in support of the proposed ordinance, as presented. 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 TO REZONE AND AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SUFFOLK, TO CHANGE THE ZONING FROM M-1, LIGHT INDUSTRIAL ZONING DISTRICT, TO B-2, GENERAL COMMERCIAL ZONING DISTRICT, FOR PROPERTY LOCATED AT 713 CAROLINA ROAD, ZONING MAP 44, PARCEL 27; RZN2018-010 Public Hearing – An ordinance to rezone and amend the official zoning map of the City of Suffolk, to change the zoning from RE, Rural Estate zoning district, to A, Agricultural zoning district, for property located at 1076 Audubon Road and further identified as Zoning Map 9, Parcel 5; RZN2018-011 Utilizing a PowerPoint presentation, Planning and Community Development Director Hainley gave a summation of the background information as printed in the official agenda. Frank Rawls, 332 West Constance Road, Ferguson, Rawls and Raines, representing W. Jeffery Overton, Haas Farms, LLC, applicant, spoke in support of the proposed ordinance, as presented. Hearing no additional speakers, the public hearing was closed. Council Member Milteer, on a motion seconded by Council Member Duman, moved for 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 4 City Council Regular Meeting December 5, 2018 AN ORDINANCE TO REZONE AND AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SUFFOLK, TO CHANGE THE ZONING FROM RE, RURAL ESTATE ZONING DISTRICT, TO A, AGRICULTURAL ZONING DISTRICT, FOR PROPERTY LOCATED AT 1076 AUDUBON ROAD AND FURTHER IDENTIFIED AS ZONING MAP 9, PARCEL 5; RZN2018-011 Public Hearing – An ordinance to grant a Conditional Use Permit to establish Sand or Gravel Extraction or Processing (Borrow Pit), on property located on Audubon Road, Zoning Map 9, Parcels 5, 30, and 37; CUP2018-006 Utilizing a PowerPoint presentation, Planning and Community Development Director Hainley provided a synopsis of the background information as printed in the official agenda. Frank Rawls, 332 West Constance Road, Ferguson, Rawls and Raines, representing W. Jeffery Overton, Haas Farms, LLC, applicant, spoke in support of the proposed ordinance, as presented. Hearing no additional speakers, the public hearing was closed. Council Member Fawcett, on a motion seconded by Council Member Duman, moved for 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 SAND OR GRAVEL EXTRACTION OR PROCESSING (BORROW PIT), ON PROPERTY LOCATED ON AUDUBON ROAD, ZONING MAP 9, PARCELS 5, 30, AND 37; CUP2018-006 Public Hearing – An ordinance to rezone and amend the official zoning map of the City of Suffolk to change the zoning from RL, Residential Low Density zoning district, to RLM, Residential Low-Medium Density zoning district, for property located on Turlington Road at the south-eastern terminus of Brians Lane in Brewers Meadow, Zoning Map 33, Parcel 71A; RZN2018-013 (Conditional) Utilizing a PowerPoint presentation, Planning and Community Development Director Hainley submitted a review of the background information as printed in the official agenda. Whitney Saunders, 705 West Washington Street, Saunders and Ojeda, P.C., representing Galberry Corporation, applicant and property owner, spoke in support of the proposed ordinance. Mike Iman, no address provided, representing Brewer’s Meadow Home Owners Association, relayed his clients’ concerns about the following matters: the potential impact of the proposed new subdivision on their existing open space; the requirement for the proposed new subdivision to establish a home owner’s association; and the potential impact of the smaller lots in the proposed new subdivision on the property values in the existing subdivision. 5 City Council Regular Meeting December 5, 2018 Whitney Saunders, 705 West Washington Street, Saunders and Ojeda, P.C., representing Galberry Corporation, applicant and property owner, addressed the following matters: the proposed new subdivision will either combine with the existing subdivision’s home owner’s association or establish its own home owner’s association as required by the City’s Unified Development Ordinance, and the amenities in the open space will be outlined during the City’s site plan review process as required by the Unified Development Ordinance. Hearing no additional speakers, the public hearing was closed. Mayor Johnson called for an explanation about the home owner’s association requirement. Planning and Community Development Director Hainley explained that the existing home owner’s association adjacent to the proposed new subdivision can either absorb the new section, or the proposed new subdivision could establish their own home owner’s association. Council Member Milteer, on a motion seconded by Council Member Johnson, moved to approve the ordinance, as presented. Referring to the presentation, Council Member Johnson queried about the proximity of the open space in the proposed new subdivision to the existing subdivision. Planning and Community Development Director Hainley advised that issue will be addressed during the site plan review process. Mayor Johnson inquired about the size of the open space in the proposed new subdivision. Planning and Community Development Director Hainley reported that the open space in the proposed new subdivision is larger than the open space in the adjacent, existing subdivision. Council Member Duman opined about the home owner’s association requirement. Planning and Community Development Director Hainley explained that the existing home owner’s association adjacent to the proposed new subdivision can either absorb the new section, or the proposed new subdivision could establish their own home owner’s association. Council Member Duman called for clarification of any requirements regarding the amenities that would be included in the open space of a subdivision. Planning and Community Development Director Hainley said there are no requirements regarding the specific amenities that must be included in the open space, however, there is a list of suggested amenities for consideration. Council Member Duman queried about the ability of the developer to select the specific amenities in the open space of a subdivision. Planning and Community Development Director Hainley stated that the developer determines which amenities are selected in the open space of a subdivision. Council Member Milteer, on a motion seconded by Council Member Johnson, moved for 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 December 5, 2018 AN ORDINANCE TO REZONE AND AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SUFFOLK TO CHANGE THE ZONING FROM RL, RESIDENTIAL LOW DENSITY ZONING DISTRICT, TO RLM, RESIDENTIAL LOW-MEDIUM DENSITY ZONING DISTRICT, FOR PROPERTY LOCATED ON TURLINGTON ROAD AT THE SOUTH- EASTERN TERMINUS OF BRIANS LANE IN BREWERS MEADOW, ZONING MAP 33, PARCEL 71A; RZN2018-013 (CONDITIONAL) Public Hearing – An ordinance to grant a Conditional Use Permit to establish a public assembly use not otherwise enumerated (banquet hall), with live entertainment, on property located at 204 East Washington Street, Zoning Map 34G18(A), Parcel 217*218*219; CUP2018-005 Utilizing a PowerPoint presentation, Planning and Community Development Director Hainley offered a summary of the background information as printed in the official agenda. Janice Claude, 204 East Washington Street, applicant and agenda, spoke in support of the proposed ordinance, as presented. Hearing no additional speakers, the public hearing was closed. Referring to the presentation, Council Member Duman opined about the proposed operating hours as printed in the official agenda. Council Member Duman moved for approval. The motion failed to receive a second. Referring to the presentation, Vice Mayor Bennett asked if the applicant was aware that the parcel under consideration was located within the Historical Conservation Overlay District and subject to the standards of the Historic District Design Guidelines. Ms. Claude replied in the affirmative to both questions. Referring to the presentation, Vice Mayor Bennett called for the applicant’s concurrence with all of the conditions outlined in the proposed ordinance. Ms. Claude reported that she concurs with all of the conditions outlined in the proposed ordinance. Council Member Duman, on a motion seconded by Vice Mayor Bennett, 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 PUBLIC ASSEMBLY USE NOT OTHERWISE ENUMERATED (BANQUET HALL), WITH LIVE ENTERTAINMENT, ON PROPERTY LOCATED AT 204 EAST WASHINGTON STREET, ZONING MAP 34G18(A), PARCEL 217*218*219; CUP2018-005 7 City Council Regular Meeting December 5, 2018 Public Hearing – Consideration of an appeal of the decision of the Historic Landmarks Commission in regard to request for Certificate of Appropriateness HLC2018-0031, for property located at 119-125 East Washington Street, Zoning Map 34G18, Block A, Parcel 285 Utilizing a PowerPoint presentation, Planning and Community Development Director Hainley supplied an overview of the background information as printed in the official agenda. Brian Rowe, 803 Cypress Chapel Road, agent for the property owners, WFVA Suffolk LLC, spoke in support of the appeal of the decision of the Historic Landmarks Commission. Hearing no additional speakers, the public hearing was closed. Council Member Goldberg moved to approve. The motion failed to receive a second. Mayor Johnson explained that the motion needs to be to affirm, reverse or modify the decision of the Historic Landmarks Commission. Council Member Goldberg, on a motion seconded by Council Member Fawcett, moved to reverse the decision of the Historic Landmarks Commission. Referring to the presentation, Vice Mayor Bennett sought clarification about the site visit to the parcel under consideration by the members of the Historic Landmarks Commission, specifically as it relates to the windows in the building. Mr. Rowe explained that the members of the Historic Landmarks Commission visited the building and saw the original windows, which were going to be re-used in compliance with the regulations of the Historic District Design Guidelines. He added that after the windows were removed, it was determined that were so deteriorated that they were unusable. Randy McReynolds, 696 Turlington Road, employee, WeldenField and Rowe, affirmed that the members of the Historic Landmarks Commission visited the building and saw the original windows, which were going to be re-used in compliance with the regulations of the Historic District Design Guidelines. He added that after the windows were removed, it was determined that were so deteriorated that they were unusable. Council Member Duman opined about the need to review the Historic District Design Guidelines. City Manager Roberts said as a component of the Downtown Master Plan, the City has contracted the services of a consultant to review the Historic District Design Guidelines and provide recommendations that will be presented to City Council. Council Member Ward queried about the length of time that the building on the parcel under consideration has been vacant. Mr. Rowe indicated that to his knowledge, the building has been vacant for over 20 years. Council Member Ward opined about the reason behind the Historic Landmarks Commission’s decision regarding the request for Certificate of Appropriateness. Kermit Hobbs, Chair, Historic Landmarks Commission, stated that he was not present at the meeting when this item was considered, nor did he participate in the onsite visit. He added that the role of the Historic Landmarks Commission is to follow the existing Historic District Design Guidelines. Council Member Johnson opined about the need to review the Historic District Design Guidelines. 8 City Council Regular Meeting December 5, 2018 Mayor Johnson advised that she consulted with City Attorney Holland about any potential conflict of interests as she sold the building to the applicant. She added that City Attorney Holland stated that there is no conflict of interest. Council Member Goldberg, on a motion seconded by Council Member Fawcett, moved to reverse the decision of the Historic Landmarks Commission, 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 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. MOTIONS Motion – A motion to schedule an Oath of Office Ceremony and Reorganizational Meeting, for January 2, 2019, at 1 p.m. Council Member Fawcett moved to schedule an Oath of Office Ceremony and Reorganizational Meeting, for January 2, 2019, at 1 p.m. The motion failed to receive a second. Council Member Johnson reported he would be out of town on the date presented in the proposed motion. Council Member Fawcett, on a motion seconded by Council Member Milteer, moved to schedule an Oath of Office Ceremony and Reorganizational Meeting, for January 2, 2019, at 1 p.m., by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, Milteer and Ward 7 NAYS: Council Member Johnson 1 9 City Council Regular Meeting December 5, 2018 Motion – A motion to cancel the January 2, 2019, City Council Meeting Council Member Duman, on a motion seconded by Vice Mayor Bennett, moved to cancel the January 2, 2019, 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 NON-AGENDA SPEAKERS Mitzi Stallings, 2070 Nansemond Parkway, representing self, opined about the City’s ordinance regarding the treatment of dogs, specifically regarding cages. The following speakers spoke in support of the Equal Rights Amendment: Robin Whitley, 1823 Mountainside Avenue, representing the Delta Sigma Theta Sigma Sorority – Suffolk Alumnae Chapter. Denise Murden, 4041 Kingston Parkway, representing American Association of University Women. Vivian Williams, 403 Butternut Court, representing the Delta Sigma Theta Sigma Sorority – Suffolk Alumnae Chapter. Jewel Anderson, 6811 Ivanhoe Court, representing Delta Sigma Theta Sigma Sorority – Suffolk Alumnae Chapter. Carol Johanningsmeier, 174 Ashford Drive, representing self. Catherine Anson, 4835 Dessert Road, representing Suffolk Democratic Party. Akoma Love, 119 Lee Street, representing Save Our Youth Group, opined about the need for activities for youth downtown. NEW BUSINESS City Clerk Dawley presented the following board and commission nomination for City Council’s consideration: Early Childhood Development Commission – Henry Dixon and Virginia Staylor (at- large representatives), Bonnie Maki (National Association for the Education of Young Children representative) and Lori White (hospital representative) and Human Services Advisory Board – Clarence Ash. Council Member Fawcett, on a motion seconded by Vice Mayor Bennett, 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 10 City Council Regular Meeting December 5, 2018 ANNOUNCEMENTS AND COMMENTS Utilizing a PowerPoint presentation, Media and Community Relations Director Diana Klink reported on the following: ribbon cuttings for Lane Eye Care, Kenny’s Bistro, and Organic Roots; Painting the Town for the Holidays; 2018 Holiday Parade and Suffolk Humane Society adopt-a-thon. Council Member Johnson opined about taxes and voting. Council Member Ward reported he attended the Suffolk Police Department Badge Pinning. Council Member Ward acknowledged the Suffolk News Herald coverage of his recent hurricane relief efforts project and thanked all of the sponsors of the project. Council Member Duman opined about 2018 National Night Out National Award. Council Member Duman reported he attended the ForKids ribbon cutting and the State of the Schools. Council Member Duman opined about the LeOtis Williams Thanksgiving Food Drive and the East End Baptist Church Thanksgiving Food Drive. Council Member Duman extended his condolences to the families of the late Senator Fredrick Quayle and the late President George H.W. Bush. Council Member Milteer announced he attended the State of the Schools. Council Member Milteer opined about high school basketball season. Council Member Fawcett reported he attended the ribbon cuttings for Kenny’s Bistro and ForKids. Council Member Fawcett opined about the 2018 National Night Out National Award. Council Member Fawcett thanked staff for their assistance with repairing a ditch. Council Member Fawcett encouraged residents to attend the 2018 Holiday Parade. Council Member Fawcett opined about Fire Chief Michael Barakey’s receipt of the City of Virginia Beach’s Medal of Honor by the Virginia Beach Fire Department. Council Member Goldberg opined about the 2018 National Night Out Award. Council Member Goldberg announced he attended the ribbon cutting for ForKids and Kroger. Council Member Goldberg extended his condolences to the families of the late Senator Fredrick Quayle, the late Emil Viola and the late President George H.W. Bush. Vice Mayor Bennett thanked the speakers in attendance in support of the Equal Rights Amendment. Vice Mayor Bennett asked City Manager Roberts to follow up with Ms. Stallings. 11 City Council Regular Meeting December 5, 2018 Vice Mayor Bennett reported he attended the ribbon cuttings for Kenny’s Bistro and Lane Eye Care. Vice Mayor Bennett sought additional volunteers to support the Salvation Army’s fundraising efforts. Mayor Johnson extended her condolence to the families of the late Senator Fredrick Quayle, the late Emil Viola and the late President George H.W. Bush. Mayor Johnson opined about the various ribbon cuttings. Council Member Fawcett, on a motion seconded by Council Member Johnson, 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 9:29 p.m. Teste: ________________________________________________ Erika S. Dawley, MMC, City Clerk Approved: ____________________________________________ Linda T. Johnson, Mayor APPROVED: JANUARY 16, 2019 12