City Council Meeting Agendas

City Council Regular Meeting December 19, 2018 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, December 19, 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 Rory King, 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 19, 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 19, 2018, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting December 19, 2018 APPROVAL OF THE MINUTES Council Member Duman, on a motion seconded by Vice Mayor Bennett, moved to approve the minutes from the December 5, 2018, Work Session, 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 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 Denise Murden, 4041 Kingston Parkway, representing the Suffolk Branch of the American Association of University Women, spoke in support of Consent Agenda Item #9 - a resolution in support of ratification by Virginia of the Equal Rights Amendment (ERA) to the United States Constitution. 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 Emergency Management for the Suffolk Department of Fire and Rescue Consent Agenda Item #8 - An ordinance to accept and appropriate funds from Keep Virginia Beautiful for the City of Suffolk Litter Prevention, Beautification and Recycling Program Consent Agenda Item #9 - A resolution in support of ratification by Virginia of the Equal Rights Amendment (ERA) to the United States Constitution Referring to Consent Agenda Items #7 through #9, City Manager Roberts submitted a review of the background information as printed in the official agenda. 2 City Council Regular Meeting December 19, 2018 Council Member Fawcett, on a motion seconded by Council Member Goldberg, moved to approve Consent Agenda Items #7 through #9, 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 change the zoning from M-1, Light Industrial zoning district, to RM, Residential Medium Density zoning district, for a portion of property located on Shoulders Hill Road and extending to the City of Chesapeake corporate limits, Zoning Map 20, Parcel 12; RZN2018-012 (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., representing Petro A. Kotardies, Kotardies Developers 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 Goldberg, moved to approve the ordinance, as presented. Vice Mayor Bennett inquired about any potential impact on public safety response times, as it relates to the parcel under consideration. Planning and Community Development Director Hainley explained that public safety vehicles would need to enter from the City of Chesapeake side of the parcel under consideration. He added that the Cities of Chesapeake and Suffolk have mutual aid agreements, which would enable either locality to respond in the event of an emergency. Council Member Fawcett opined about the public safety response times. Council Member Duman queried about posting the notice for the public hearing. Planning and Community Development Director Hainley advised that the public hearing was property advertised and posted on the parcel as required. Council Member Milteer, 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, Goldberg, T. Johnson, Milteer and Ward 7 NAYS: Council Member Fawcett 1 3 City Council Regular Meeting December 19, 2018 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 RM, RESIDENTIAL MEDIUM DENSITY ZONING DISTRICT, FOR A PORTION OF PROPERTY LOCATED ON SHOULDERS HILL ROAD AND EXTENDING TO THE CITY OF CHESAPEAKE CORPORATE LIMITS, ZONING MAP 20, PARCEL 12; RZN2018-012 (CONDITIONAL) Public Hearing – An ordinance to grant a Conditional Use Permit to expand a previously established fuel sales and storage facility (not including gasoline service stations), on property located at 123 Pioneer Road, Zoning Map 41, Parcel 15H; CUP2018-008 Utilizing a PowerPoint presentation, Planning and Community Development Director Hainley supplied a report of the background information as printed in the official agenda. Bryan Layne, 1500 Harbour View Boulevard, Suite 102, Parrish Layne Design Group, agent, representing Brian Attwood, Parker Oil Company, Incorporated, applicant and property owner, spoke in support of the proposed ordinance, as presented. Hearing no additional speakers, the public hearing was closed. Council Member Goldberg asked about the operation of the proposed tank and related safety procedures, in the event of an emergency. Brian Attwood, no address given, Parker Oil Company, Incorporated, applicant and property owner, indicated that the tanks have safety values to address any issues. He added that there is a fire station about a mile away from the facility and there is a main manual power cutoff valve, in the event of an emergency. Council Member Goldberg called for clarification about the potential impact in the event that any gas escaped from the proposed tank. Mr. Attwood stated that the gas would immediately dissipated and the surrounding area would be evacuated. Council Member Goldberg sought information about any type of monitoring system for the proposed tank. Mr. Attwood said that every tank has a monitoring system. Council Member Duman moved to approve the ordinance, with conditions, as presented. The motion failed to receive a second. Council Member Johnson opined about the monitoring system for the tanks. Mr. Attwood reported that the monitoring system has cameras and collects data on the tanks, which is shared with a computer at his corporate headquarters. Council Member Johnson queried about the need for the additional proposed tank. Mr. Attwood replied that his company is adding customers daily, which would require the third tank. Council Member Duman, on 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, Fawcett, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 4 City Council Regular Meeting December 19, 2018 AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO EXPAND A PREVIOUSLY ESTABLISHED FUEL SALES AND STORAGE FACILITY (NOT INCLUDING GASOLINE SERVICE STATIONS), ON PROPERTY LOCATED AT 123 PIONEER ROAD, ZONING MAP 41, PARCEL 15H; CUP2018-008 Public Hearing – An ordinance to grant a Conditional Use Permit to establish a school, business or trade, on property located at 5911 Harbour View Boulevard, Suite #210, Zoning Map 6, Parcel 3*2*14A*1; CUP2018-009 Utilizing a PowerPoint presentation, Planning and Community Development Director Hainley gave a summation of the background information as printed in the official agenda. Denetra Hampton, 5911 Harbour View Boulevard, applicant, spoke in support of the proposed ordinance, as presented. Hearing no additional speakers, the public hearing was closed. Council Member Ward, on a motion seconded by Council Member Fawcett, 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 AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO ESTABLISH A SCHOOL, BUSINESS OR TRADE, ON PROPERTY LOCATED AT 5911 HARBOUR VIEW BOULEVARD, SUITE #210, ZONING MAP 6, PARCEL 3*2*14A; CUP 2018-009 Public Hearing – An ordinance to amend Chapter 31, Unified Development Ordinance of the Code of the City of Suffolk, Article 3 - Procedures, Section 31-302, Ministerial Permits, Subsection (g), Certificate of Occupancy; OTA2018-011 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. Vice Mayor Bennett, 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 AN ORDINANCE TO AMEND CHAPTER 31, UNIFIED DEVELOPMENT ORDINANCE OF THE CODE OF THE CITY OF SUFFOLK, ARTICLE 3 - PROCEDURES, SECTION 31-302, MINISTERIAL PERMITS, SUBSECTION (G), CERTIFICATE OF OCCUPANCY; OTA2018-011 5 City Council Regular Meeting December 19, 2018 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 31-604, Lighting, and Section 31-615, Water Quality Stream Buffers, and Article 7, Supplemental Use Regulations, Section 31-701, Accessory Uses and Structures, and Section 31-713, Retirement Village; OTA2018-012 Utilizing a PowerPoint presentation, Planning and Community Development Director Hainley submitted a review of the background information as printed in the official agenda. Hearing no speakers, the public hearing was closed. Council Member Milteer moved to approve the ordinance, as presented. The motion failed to receive a second. Referring to the presentation, Council Member Duman requested clarification regarding the proposed ordinance as it relates to the Public Works Director deciding whether a street light needs to be larger than the minimum size of 5,000 lumen. Planning and Community Development Director Hainley replied it is the recommendation of staff that the proposed ordinance be amended to designate the Public Works Director as deciding authority when determining whether a street light needs to be larger than the minimum size of 5,000 lumen. Referring to the presentation, Council Member Duman opined about the street light standards. Planning and Community Development Director Hainley advised that the City works in concert with Dominion Virginia Power regarding the street light standards. City Manager Roberts added that the Public Works Department has a Public Facilities Manual that is based on the standards as outlined by the Virginia Department of Transportation as well as City standards based on the City Code. Referring to the presentation, Council Member Goldberg queried about the proposed ordinance as it relates to the water quality stream buffers. Planning and Community Development Director Hainley explained that the proposed ordinance includes an amendment to delete a reference to an outdated City Comprehensive Plan. 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 AN ORDINANCE TO AMEND CHAPTER 31, UNIFIED DEVELOPMENT ORDINANCE OF THE CODE OF THE CITY OF SUFFOLK, ARTICLE 6, DESIGN AND IMPROVEMENT STANDARDS, SECTION 31-604, LIGHTING, AND SECTION 31-615, WATER QUALITY STREAM BUFFERS, AND ARTICLE 7, SUPPLEMENTAL USE REGULATIONS, SECTION 31-701, ACCESSORY USES AND STRUCTURES, AND SECTION 31-713, RETIREMENT VILLAGE; OTA2018-012 ORDINANCES There were no items under this portion of the agenda. 6 City Council Regular Meeting December 19, 2018 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 January 16, 2019, to receive public comment on an ordinance authorizing the acquisition of real property in fee simple and permanent easements, either by agreement or condemnation, for the Southern Water Transmission Main Phase G Project and the Southern Sewer Line and Pump Station Village Pointe Drive to Kings Highway Project Council Member Fawcett, on a motion seconded by Council Member Duman, moved to schedule a Public Hearing for January 16, 2019, to receive public comment on an ordinance authorizing the acquisition of real property in fee simple and permanent easements, either by agreement or condemnation, for the Southern Water Transmission Main Phase G Project and the Southern Sewer Line and Pump Station Village Pointe Drive to Kings Highway Project, 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 January 16, 2019, at 4 p.m., unless cancelled Council Member Johnson, on a motion seconded by Council Member Goldberg, moved to schedule a Work Session for January 16, 2019, 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 Kelly Hengler, 9345 Eclipse Drive, representing self, opined about wetlands damage in Chuckatuck Cove. NEW BUSINESS There were no items under this portion of the agenda. 7 City Council Regular Meeting December 19, 2018 ANNOUNCEMENTS AND COMMENTS Utilizing a PowerPoint and video presentation, Media and Community Relations Assistant Director Tim Kelley reported on the following: recap of holiday events in the City; recognition of Suffolk Fire and Rescue Department’s Lieutenant Christopher Hehl, Firefighter of the Year, and Lieutenant Roger W. Stinnette, Jr., Paramedic of the Year; and the City’s observance of Christmas and New Year’s Day holidays. Council Member Goldberg reported he attended the following: the City employee holiday luncheon; the City Council holiday reception and the City holiday parade. Council Member Fawcett announced he attended the City holiday parade and the City employee holiday luncheon. Council Member Fawcett acknowledged Lieutenant Christopher Hehl, Firefighter of the Year and Lieutenant Roger W. Stinnette, Jr., Paramedic of the Year in the Suffolk Fire and Rescue Department. Council Member Fawcett commended the Suffolk Police Department for their efforts in the northern part of the City. Council Member Milteer reported he attended the reception for the outgoing members of the Suffolk School Board. Council Member Duman asked City Manager Roberts to investigate the issues raised by Ms. Hengler. Council Member Duman acknowledged the Media and Community Relation Department. Council Member Duman announced he attended the following: the City employee holiday luncheon; the City holiday parade and the reception for the outgoing members of the Suffolk School Board. Council Member Duman opined about Old Dominion University’s annual survey on the quality of life in the Hampton Roads region. Council Member Duman commended City staff for their responsiveness to constituent concerns. Council Member Ward reported he attended the following: the City employee luncheon; the City Council holiday reception; the City holiday parade and the reception for the outgoing members of the Suffolk School Board. Council Member Ward acknowledged the members of the Delta Sigma Theta Sigma Sorority – Suffolk Alumnae Chapter in attendance. Council Member Ward thanked the Suffolk Interdenominational Ministerial Alliance for their support of his hurricane recovery efforts. Council Member Johnson announced he attended the City Council holiday reception and the City holiday parade. 8 City Council Regular Meeting December 19, 2018 Vice Mayor Bennett acknowledged the members of the Delta Sigma Theta Sigma Sorority – Suffolk Alumnae Chapter in attendance. Vice Mayor Bennett reported he attended the City holiday parade and the City employee luncheon. Vice Mayor Bennett thanked City Treasurer Ronald Williams for his donation to the Boys and Girls Club of Southeast Virginia-Suffolk Unit. Mayor Johnson announced she attended the following: the City holiday parade; the City employee holiday luncheon and the City Council holiday reception. Mayor Johnson acknowledged Lieutenant Christopher Hehl, Firefighter of the Year and Lieutenant Roger W. Stinnette, Jr., Paramedic of the Year, for the Suffolk Fire and Rescue Department. Mayor Johnson thanked the outgoing members of the Suffolk School Board for their service. 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 8:23 p.m. Teste: ________________________________________________ Erika S. Dawley, MMC, City Clerk Approved: ____________________________________________ Linda T. Johnson, Mayor APPROVED: JANUARY 16, 2019 9