City Council Meeting Agendas

City Council Regular Meeting March 20, 2019 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, March 20, 2019, 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 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 March 20, 2019, 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 MARCH 20, 2019, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting March 20, 2019 APPROVAL OF THE MINUTES Vice Mayor Bennett, on a motion seconded by Council Member Duman, moved to approve the minutes from the February 20, 2019, 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 ITEM 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 Johnson, 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 item: Consent Agenda Item # 7 – An ordinance to accept and appropriate a Walmart Community Grant for the City of Suffolk Sheriff’s Department Referring to Consent Agenda Item #7, 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 Goldberg, moved to approve Consent Agenda Item #7, 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 2 City Council Regular Meeting March 20, 2019 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 Bridge Road and Shoulders Hill Road Intersection Improvements Project Mayor Johnson advised that as she is a realtor for the above referenced parcel under consideration and review was conducted by the Office of the City Attorney regarding a conflict according to the Virginia Conflict of Interest Act. It was interpreted that she would not be in violation of the Virginia Conflict of Interest Act if she voted in this matter, however, based on the issue of any appearance of impropriety, she decided that she would abstain from voting on this matter and Vice Mayor Bennett will preside over this item. Utilizing a PowerPoint presentation, Interim Public Works Director Louis Hansen offered a summary of the background information as printed in the official agenda. Kelly Hengler, no address provided, opined about the lack of alternative designs for the proposed project. Hearing no additional speakers, the public hearing was closed. Referring to the presentation, Vice Mayor Bennett asked if there are any other alternatives for the proposed project. City Manager Roberts explained that the City was required to follow the state and federal guidelines as it relates to the design, which is 60% completed. He added that if the City wanted to deviate from those guidelines, then the state and federal funding would have to be returned. He concluded that no alternative designs are feasible at this point. Referring to the presentation, Council Member Fawcett queried about the funding sources for the proposed project. City Manager Roberts reported that the bulk of the monies for the project was provided by the state and the remaining funding is local and federal funding. Referring to the presentation, Council Member Fawcett opined about the City’s options if the project was delayed. City Manager Roberts said that if the City wanted to delay the project, the non-local funding would have to be returned and the City would have to reapply for future funding. Referring to the presentation, Council Member Goldberg inquired about the City’s compliance with all state guidelines. City Manager Roberts replied in the affirmative. Council Member Goldberg, on a motion seconded by Council Member Ward, moved to approve the ordinance, with conditions, as presented, by the following vote: AYES: Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 7 NAYS: None 0 ABSTAIN: Mayor Johnson 1 3 City Council Regular Meeting March 20, 2019 AN ORDINANCE AUTHORIZING THE ACQUISITION OF REAL PROPERTY IN FEE SIMPLE AND PERMANENT AND TEMPORARY EASEMENTS, EITHER BY AGREEMENT OR CONDEMNATION, FOR THE BRIDGE ROAD AND SHOULDERS HILL ROAD INTERSECTION IMPROVEMENT PROJECT 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 and RLM, Residential Low-Medium Density zoning district, to RU, Residential Urban zoning district, for property located at 1407, 1419, and 1427 Holland Road, Zoning Map 33, Parcels 66, 66C, and 66D.; RZN2018-007 (Conditional) Utilizing a PowerPoint presentation, Planning and Community Development Director David Hainley submitted a review of the background information as printed in the official agenda. Whitney Saunders, 705 West Washington Street, Saunders and Ojeda, agent, representing Bob Arnette, Coastal Virginia Partners, L.L.C., applicant, representing Shirley G. and Morris V. Robertson, property owners, spoke in support of the proposed ordinance. Ed Beardsley, 116 Katherine Street, representing self, spoke in support of the proposed ordinance. Dave Lego, no addressed provided, representing self, spoke in opposition to the proposed ordinance. Elise Allen, 109 Cottonwood Court, representing self, spoke in opposition to the proposed ordinance. The following individuals spoke in support of the proposed ordinance: Steve Daniels, 100 Dawsons Lake Lane, representing self. Patricia Smith, no address provided, representing self. Linda Bass, no address provided, representing self. Robert James, 107 Cottonwood Court, representing self, spoke in opposition to the proposed ordinance. Whitney Saunders, 705 West Washington Street, Saunders and Ojeda, agent, representing Bob Arnette, Coastal Virginia Partners, L.L.C., applicant, representing Shirley G. and Morris V. Robertson, property owners, advised that the proposed buffer is about 35 to 40 feet between the proposed homes and the wetlands area, which would remain untouched. Kenneth Jenkins, 606 Hollywood Avenue, representing self, spoke in support of the proposed ordinance. Ed Beardsley, 116 Katherine Street, representing self, spoke in support of the proposed ordinance. Hearing no additional speakers, the public hearing was closed. Council Member Milteer moved to approve the ordinance, as presented. The motion failed to receive a second. 4 City Council Regular Meeting March 20, 2019 Referring to the presentation, Council Member Johnson queried about the road as it relates to the parcel under consideration, specifically the feasibility of the road being built under today’s standards. Public Works Assistant Director Robert Lewis explained that the road could not be built today under today’s standards. Referring to the presentation, Council Member Johnson opined about possible solutions to the traffic conditions on Route 58 as it relates to the parcel under consideration. Public Works Assistant Director Lewis explained that a traffic signal would make traffic conditions worse and that Route 58 is currently undergoing improvements. Council Member Milteer, on a motion seconded by Council Member Goldberg, moved to approve the ordinance, as presented. Referring to the presentation, Council Member Fawcett asked about the timeline for construction of the homes. Mr. Saunders said that the foundations would be laid in about 18 months. Referring to the presentation, Council Member Fawcett opined about the construction of the homes and the design for improvements to Kilby Shores Road. Public Works Assistant Director Lewis replied that the road improvements will be addressed by the time the homes are built. 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, Fawcett, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO ESTABLISH A PUBLIC ASSEMBLY NOT OTHERWISE ENUMERATED, ON PROPERTY LOCATED AT 4251 WHITE MARSH ROAD, ZONING MAP 66, PARCEL 48E; CUP2018-016 Public Hearing – An ordinance to grant a Conditional Use Permit to establish a Utilities, Electric Transformer Station, on property located at 400 Copeland Road, Zoning Map 42, Parcel 52; CUP2019- 001 Utilizing a PowerPoint presentation, Planning and Community Development Director Hainley supplied a report of the background information as printed in the official agenda. Jonathan Thompson, no address provided, Community Electric Cooperative, applicant and property owner, spoke in support of the proposed ordinance. 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 5 City Council Regular Meeting March 20, 2019 AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO ESTABLISH A UTILITIES, ELECTRIC TRANSFORMER STATION, ON PROPERTY LOCATED AT 400 COPELAND ROAD, ZONING MAP 42, PARCEL 52; CUP2019-001 ORDINANCES There were no items under this portion of the agenda. RESOLUTIONS There were no items under this portion of the agenda. STAFF REPORTS Staff Report – Suffolk Transit’s Transit Development Plan Update Utilizing a PowerPoint presentation, Interim Public Works Director Hansen provided a review of the background information as printed in the official agenda. Council Member Duman asked about the feasibility of expanding public transit to the Chuckatuck Square Apartments. Interim Public Works Director Hansen advised that staff is examining the implementation of a demand response model as the current transit system is based on a fixed route model. He added that more rural areas might be added in the future, but research would be required to consider the fiscal feasibility of such expansions. Council Member Duman opined about the solicitation of interest from residents of Chuckatuck Square Apartments regarding public transit. Interim Public Works Director Hansen stated that a citywide survey has been conducted to ascertain citizens’ interest in public transit. MOTIONS Motion – A motion to schedule a Work Session for Wednesday, April 3, 2019, at 4 p.m., unless cancelled Council Member Johnson, on a motion seconded by Council Member Milteer, moved to schedule a Work Session for April 3, 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 Jack McLelland, 100 Woodhaven Drive, representing Hampton Roads Realtor Association, introduced himself. Albert Buckard, 12303 Titus Point, Carrollton, Virginia, representing Isle of Wight Citizens Association, requested the City’s support in renaming the Western Tidewater Regional Airport. 6 City Council Regular Meeting March 20, 2019 Kelly Hengler, 9345 Eclipse Drive, representing self, opined about the enforcement of the Chesapeake Bay Preservation Act. NEW BUSINESS There were no items under this portion of the agenda. ANNOUNCEMENTS AND COMMENTS Utilizing a PowerPoint presentation, Media and Community Relations Assistant Director Timothy Kelley reported on the following: the publication of the City’s Popular Annual Financial Report; the Virginia Department of Transportation United States 58 Arterial Preservation Plan and Public Meeting; the Suffolk Police Department’s Awards Ceremony and Banquet; the Public Utilities Department’s observance of “Fix A Leak Week”; the Fourth Annual Iconicon at North Suffolk Public Library and the Parks and Recreation Department’s Increase the Peace Fashion Show. Council Member Fawcett opined about today’s Work Session with the Suffolk School Board. Council Member Fawcett announced he attended the Suffolk Police Department’s Awards Ceremony and Banquet. Council Member Milteer opined about today’s Work Session with the Suffolk School Board. Council Member Duman opined about today’s Work Session with the Suffolk School Board. Council Member Duman reported he attended the historic overlay district guidelines meeting. Council Member Duman opined about the Suffolk Police Department’s Awards Ceremony and Banquet. Council Member Ward announced he attended the Suffolk Police Department’s Awards Ceremony and Banquet. Council Member Ward opined about today’s Work Session with the Suffolk School Board. Council Member Johnson opined about Lenten services at West End Baptist Church. Council Member Johnson opined about today’s Work Session with the Suffolk School Board. Council Member Johnson reported he attended the historic overlay district guidelines meeting. Council Member Johnson encouraged residents to attend the upcoming Virginia Department of Transportation United States 58 Arterial Preservation Plan and Public Meeting. Vice Mayor Bennett opined about today’s Work Session with the Suffolk School Board. Vice Mayor Bennett announced he attended the following: the Boys and Girls Clubs of Southeast Virginia 100th Anniversary Banquet; the historic overlay district guidelines meeting and the Suffolk Sickle Cell Foundation Banquet. 7 City Council Regular Meeting March 20, 2019 Mayor Johnson reported she attended the following: the Suffolk Police Department’s Awards Ceremony and Banquet; the Battle of the Books events at Creekside and Hillpoint Elementary Schools; the Nansemond Shores and Elephant’s Fork Elementary Schools reading events and the Women in Politics event at the North Suffolk Library. Council Member Fawcett, on a motion seconded by Council Member Ward, 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 9:09 p.m. Teste: ________________________________________________ Erika S. Dawley, MMC, City Clerk Approved: ____________________________________________ Linda T. Johnson, Mayor APPROVED: MAY 1, 2019 8