City Council Meeting Agendas

City Council Regular Meeting June 19, 2019 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, June 19, 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 #73 led the Pledge of Allegiance. FREEDOM OF INFORMATION ACT CERTIFICATION City Clerk Dawley presented a resolution certifying the Closed Meeting of June 19, 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 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 19, 2019, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting June 19, 2019 APPROVAL OF THE MINUTES Council Member Johnson, on a motion seconded by Vice Mayor Bennett, moved to approve the minutes from the April 17, 2019, Regular Meeting and May 1, 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 Special Presentation – Proclamation in recognition of Parks and Recreation Month Mayor Johnson presented the above mentioned proclamation to Parks and Recreation Director Mark Furlo. 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 Milteer, on a motion seconded by Vice Mayor Bennett, 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 appropriate funds from the Refuse Services Fund Unrestricted Net Position to the Fiscal Year 2018-2019 Refuse Fund Budget in an amount not to exceed $625,000 Referring to Consent Agenda Item #7, City Manager Roberts submitted a review of the background information as printed in the official agenda. 2 City Council Regular Meeting June 19, 2019 Council Member Fawcett, on a motion seconded by Council Member Ward, moved to approve the Consent 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 PUBLIC HEARINGS 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, to RU-12, Residential Urban-12, Zoning District, for property located at 2575 and 2665 Pruden Boulevard, Zoning Map 25, Parcels 56 and 56B; RZN2018-017 (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. John Napolitano, 1492 South Independence Avenue, Virginia Beach, Virginia, Napolitano Ventures, LLC, applicant, representing William Walker, property owner, spoke in support of the proposed ordinance, as presented. Melissa Venable, no address provided, Land Planning Solutions, agent, representing John Napolitano, Napolitano Ventures, LLC, applicant, spoke in support of the proposed ordinance, as presented. John Napolitano, 1492 South Independence Avenue, Virginia Beach, Virginia, Napolitano Ventures, LLC, applicant, representing William Walker, property owner, spoke in support of the proposed ordinance, as presented. Hearing no additional speakers, the public hearing was closed. Council Member Goldberg called for information about the methodology use to determine the student generation rate. Planning and Community Development Director Hainley explained that the proffers in the proposed ordinance were based on the previous Comprehensive Plan requirements. He added that since that time, the requirements were updated, which was resulted in higher costs to address student generation rate. City Manager Roberts added that these requirements were updated and approved by City Council a year ago. Council Member Goldberg queried about the timeline for a new study regarding the methodology to determine the student generation rates. City Manager Roberts stated that when City Council approved the most recent Capital Improvement Plan, both City Administration and Suffolk Public Schools Administration advised that there was a desire for a partnership between the both entities to pursue a new study better predicting student generation rates, as it relates to housing types. Mayor Johnson sought confirmation that the school that would provide relief regarding student generation as it relates to the proposed development would not be built for two years after the proposed development is projected for completion. Planning and Community Development Director Hainley replied in the affirmative. 3 City Council Regular Meeting June 19, 2019 Mayor Johnson opined that the school that would provide relief to the student overcrowding at Elephant’s Fork Elementary School cannot be considered at this time as it relates to the proposed development. City Attorney Holland and Planning and Community Development Director Hainley replied in the affirmative. Council Member Fawcett moved to continue consideration of the proposed ordinance. The motion failed for lack of a second. Council Member Fawcett sought information about the feasibility of continuing consideration of the proposed ordinance as it relates to the study regarding student generation rates and housing types. City Attorney Holland said that staff was unable to find anything specific in law that addresses this matter. She added that if City Council delays consideration of the proposed ordinance for too long, it could be considered denial of the proposed ordinance, which might result in legal action by the applicant. Council Member Fawcett inquired about the timeline for the study regarding student generation rates and housing types. City Manager Roberts advised he could roughly estimate that the study could be completed by the end of the year. He added that City Council would not be in a position to change the Unified Development Ordinance as it relates to student generation rates until the following spring. Council Member Fawcett sought information about the feasibility of continuing consideration of the proposed ordinance as it relates to the study regarding student generation rates and housing types. City Attorney Holland said that staff was unable to find anything specific in law that addresses this matter. Council Member Fawcett moved to continue consideration of the proposed ordinance until January 2020. The motion failed for lack of a second. Council Member Ward asked how long the property has been for available. City Manager Roberts indicated that he was not aware of that information. Council Member Ward asked how long Elephant’s Fork Elementary School has been overcrowded. City Manager Roberts said that the State has designated that the school has been overcrowded since Fiscal Year 2015. Council Member Ward queried about the timeline for the construction of the new school that will elevate the overcrowding at Elephant’s Fork Elementary School. City Manager Roberts advised that the new school is scheduled as the third priority in the Capital Improvement Plan, therefore, it will be in later years. Council Member Milteer requested information about the timeline for the study regarding student generation rates and housing types. City Manager Roberts reiterated that at this time City staff is working with Suffolk Public Schools to pursue a study to determine the relationship between student generation and housing types. He added that it is possible that some information might be compiled within six to 12 months. Council Member Duman opined that the applicant would have to wait one year to reapply, should City Council deny the proposed ordinance. City Attorney Holland replied in the affirmative. Members of City Council opined about the proposed ordinance. 4 City Council Regular Meeting June 19, 2019 Council Member Fawcett, on a motion seconded by Council Member Goldberg, moved to continue consideration of the proposed ordinance to the January 15, 2020, City Council meeting: AYES: Mayor L. Johnson, and Council Members Duman, Fawcett, Goldberg, and Milteer 5 NAYS: Vice Mayor Bennett, Council Members T. Johnson and Ward 3 Public Hearing – An ordinance to grant a Conditional Use Permit to amend the previously approved conditions pertaining to the establishment of a day care, child day center and school, charter, private, or parochial, on property located at 5805 Harbour View Boulevard, Zoning Map 6, Parcel 3*3A; CUP2019-002 Utilizing a PowerPoint presentation, Planning and Community Development Director Hainley provided a report on the background information as printed in the official agenda. Melissa Venable, no address provided, Land Planning Solutions, agent, representing Pali Divitotawela, Lanka Education Corporation, applicant and property owner, spoke in support of the proposed ordinance. Hearing no additional speakers, the public hearing was closed. Council Member Ward, on a motion seconded by Council Member Fawcett, moved to approve the ordinance, with conditions, as presented: 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 CONDITIONAL USE PERMIT TO AMEND THE PREVIOUSLY APPROVED CONDITIONS PERTAINING TO THE ESTABLISHMENT OF A DAY CARE, CHILD DAY CARE CENTER AND SCHOOL, CHARTER, PRIVATE OR PAROCHIAL, ON PROPERTY LOCATED AT 5805 HARBOUR VIEW BOULEVARD, ZONING MAP 6, PARCEL 3*3A, CUP2019-002 Public Hearing – An ordinance to grant a Conditional Use Permit to establish a day care, family day home, 5 to 12 children, on property located at 201 Deanes Station Road, Zoning Map 12I, Parcel 1*5; CUP2019-005 Utilizing a PowerPoint presentation, Planning and Community Development Director Hainley gave a summation of 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, with conditions, as presented: 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 19, 2019 AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO ESTABLISH A DAY CARE, FAMILY DAY HOME, 5 TO 12 CHILDREN, ON PROPERTY LOCATED AT 201 DEANES STATION ROAD, ZONING MAP 121, PARCEL 1*5;CUP2019-005 Public Hearing – An ordinance to grant a Conditional Use Permit to establish a day care, family day home, 5 to 12 children, on property located at 1013 Raven Hill Road, Zoning Map 26L, Parcel 174; CUP2019-006 Utilizing a PowerPoint presentation, Planning and Community Development Director Hainley supplied a synopsis of 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 Fawcett, moved to approve the ordinance, with conditions, as presented: 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 DAY CARE, FAMILY DAY HOME, 5 TO 12 CHILDREN, ON PROPERTY LOCATED AT 1013 RAVEN HILL ROAD, ZONING MAP 26L, PARCEL 174; CUP2019-006 Public Hearing – An ordinance to grant a variance to the Street Improvement Standards of Section 31-612 of the Unified Development Ordinance in order to grant relief from the maximum cul-de- sac/dead-end street length standards, on property located at Zoning Map 33, Parcel 71A; SBV2019-001 Utilizing a PowerPoint presentation, Planning and Community Development Director Hainley offered a summary of the background information as printed in the official agenda. Whitney Saunders, 705 West Washington Street, agent, representing Pat Viola, Galberry Corporation, applicant and property owner, spoke in support of the proposed ordinance. Hearing additional speakers, the public hearing was closed. Council Member Johnson, 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 GRANT A VARIANCE TO THE STREET IMPROVEMENT STANDARDS OF SECTION 31-612 OF THE UNIFIED DEVELOPMENT ORDINANCE IN ORDER TO GRANT RELIEF FROM THE MAXIMUM CUL-DE-SAC/DEAD-END STREET LENGTH STANDARDS, ON PROPERTY LOCATED AT ZONING MAP 33, PARCEL 71A; SBV2019-001 6 City Council Regular Meeting June 19, 2019 ORDINANCES Ordinance – An ordinance providing authorization for the issuance and sale of water and sewer revenue bonds by the City of Suffolk, Virginia Utilizing a PowerPoint presentation, Kyle Laux, Senior Vice President, Davenport and Company, the City’s financial advisors, gave a synopsis on the background information as printed in the official agenda. Referring to the presentation, Council Member Duman asked what the acronym TIC meant. Mr. Laux explained that it meant true interest cost, which is the total cost of the money. Referring to the presentation, Council Member Duman requested clarification about the expiration of the loan rate. Mr. Laux stated that the fixed rate expires after the term of the loan. Council Member Goldberg, on a motion seconded by Council Member Fawcett, moved to approve the ordinance, as presented. City Attorney Holland clarified that as two ordinances have been presented for City Council’s consideration, the motion would need to specific the approval of either Option #1 or Option #2. Mr. Laux added that it is recommended that City Council approve the ordinance identified as Option #2. Council Member Goldberg, on an amended motion seconded by Council Member Fawcett, moved to approve the ordinance identified as Option #2, 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 PROVIDING AUTHORIZATION FOR THE ISSUANCE AND SALE OF WATER AND SEWER REVENUE BONDS BY THE CITY OF SUFFOLK, VIRGINIA Ordinance – An ordinance to rezone and amend the official zoning map of the City of Suffolk in order to amend the previously approved proffered conditions for property located at 118 C Street, Zoning Map 36A, Parcels 188 and 189*190; RZN2019-002 (Conditional) Utilizing a PowerPoint presentation, Planning and Community Development Director Hainley provided a report on the background information as printed in the official agenda. Council Member Goldberg, 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 7 City Council Regular Meeting June 19, 2019 AN ORDINANCE TO REZONE AND AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SUFFOLK IN ORDER TO AMEND THE PREVIOUSLY APPROVED PROFFERED CONDITIONS FOR PROPERTY LOCATED AT 118 C STREET, ZONING MAP 36A, PARCELS 188 AND 189*190; RZN2019-002 (CONDITIONAL) Ordinance – An ordinance granting a six-month extension of an approved Conditional Use Permit to establish a solar energy facility, on property located on Pruden Boulevard, Zoning Map 15, Parcel 3 and Zoning Map 16, Parcel 31; C02-17 Utilizing a PowerPoint presentation, Planning and Community Development Director Hainley supplied a summary of the background information as printed in the official agenda. Council Member Fawcett, on a motion seconded by Council Member Johnson, 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 GRANTING A SIX-MONTH EXTENSION OF AN APPROVED CONDITIONAL USE PERMIT TO ESTABLISH A SOLAR ENERGY FACILITY, ON PROPERTY LOCATED ON PRUDEN BOULEVARD, ZONING MAP 15, PARCEL 3 AND ZONING MAP 16, PARCEL 31; C02-17 Ordinance – An ordinance granting a two-year extension of an approved Conditional Use Permit to establish a solar energy facility, on property located on Hosier Road, Zoning Map 45, Parcel 18; C09-17 Utilizing a PowerPoint presentation, Planning and Community Development Director Hainley gave a synopsis of the background information as printed in the official agenda. Referring to the presentation, Vice Mayor Bennett opined about the appropriateness of a two-year extension. Planning and Community Development Director Hainley explained that the extension is permitted in accordance with the Unified Development Ordinance. Council Member Milter moved for approval of the ordinance, as presented. The motion failed for lack of a second. Referring to the presentation, Council Member Duman queried about any changes in circumstances that would cause the need for an extension. Planning and Community Development Director Hainley stated that property owner has modified the original plan for the project, thus resulting in a smaller footprint. He added that there will be no changes in the conditions as approved in the original ordinance. Council Member Milteer, on a motion seconded by Council Member Duman, moved to approve the ordinance, as presented. Referring to the presentation, Council Member Johnson asked whether the project was moving forward. Planning and Community Development Director Hainley replied in the affirmative. 8 City Council Regular Meeting June 19, 2019 Council Member Milteer, 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 GRANTING A TWO-YEAR EXTENSION OF AN APPROVED CONDITIONAL USE PERMIT TO ESTABLISH A SOLAR ENERGY FACILITY, ON PROPERTY LOCATED ON HOSIER ROAD, ZONING MAP 45, PARCEL 18; C09-17 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 cancel and reschedule City Council’s July 11, 2019 Special Work Session, for a tour of area libraries, unless cancelled Council Member Fawcett, on a motion seconded by Vice Mayor Bennett, moved to cancel and reschedule City Council’s July 11, 2019 Special Work Session, for a tour of area libraries, 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 Motion – A motion to schedule a joint meeting of City Council and the School Board, for July 17, 2019, at 4 p.m., unless cancelled Council Member Johnson, on a motion seconded by Vice Mayor Bennett, moved to schedule a joint meeting of City Council and the School Board, for July 17, 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 9 City Council Regular Meeting June 19, 2019 Motion – A motion to schedule a City Council Work Session for Wednesday, July 17, 2019, unless cancelled Council Member Fawcett, on a motion seconded by Council Member Goldberg, moved to schedule a City Council Work Session for Wednesday, July 17, 2019, 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 Alige McAllister, 512 Osceola Avenue, representing self, opined about the shrub removal on East Washington Street. Carlton R. Upton, Sr., 401 Clemon Avenue, Chesapeake, Virginia, opined about his concerns regarding the City’s acknowledgement of the passing of the late Police Chief Jimmy Wilson. Wayne White, 4216 Coltrane Avenue, representing Pughsville Civic League, opined about paper streets and the drainage in Pughsville. Mayor Johnson advised that she spoke to the daughter of the late Police Chief Jimmy Wilson and extended condolences on behalf of the City. She added that City Administration also contacted Chief Wilson’s family to provide various options for acknowledgment of his passing. NEW BUSINESS City Clerk Dawley presented the following board and commission nominations for City Council’s consideration: Community Police and Management Team (private provider organization or association of provider’s representative) – J. Kellie Evans; Historical Landmarks Commission (architect or architectural historian representative) – William Bissell; and Library Advisory Board – Billie Joy Langston 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 Timothy Kelley reported on the following: BayPort Credit Union, Specialists for Women and the Inclusive Playground ribbon cuttings; Suffolk Restaurant Week; the Virginia Statewide National Association of Workforce Professional’s Meeting; the National Night Out Community Kickoff; the Stars and Stripes Spectacular and the City’s observance of Independence Day. Council Member Goldberg announced he attended the Inclusive Playground ribbon cutting. 10 City Council Regular Meeting June 19, 2019 Council Member Fawcett reported he attended the Inclusive Playground and BayPort Credit Union ribbon cuttings. Council Member Milteer announced he attended the City Employee Service Awards Luncheon. Council Member Duman reported he attended the following: the City Employee Service Awards Luncheon; the retirement reception for Dr. Deran Whitney, Suffolk Public Schools Superintendent and the Inclusive Playground ribbon cutting. Council Member Duman said that he received correspondence from a constituent that received excellent customer service from City staff. Council Member Ward announced the attended the following: the BayPort Credit Union ribbon cutting; the City Employee Service Awards Luncheon; the retirement reception for Dr. Deran Whitney, Suffolk Public School Superintendent, and the dedication of the TowneBank Member Services Center. Council Member Ward opined about the late Police Chief Jimmy Wilson. Council Member Ward acknowledged Mr. White, who was in attendance. Council Member Johnson reported he attended the following: the retirement reception for Dr. Deran Whitney, Suffolk Public Schools Superintendent; the City Employee Service Awards Luncheon; the Officers of Election Appreciation Reception; the Business Appreciation event; and a reception at the Pinner House Bed and Breakfast. Council Member Johnson gave his condolences to the family of the late Sarah Lee Jones. Vice Mayor Bennett reported he attended the following: the City Employee Service Awards Luncheon; the retirement reception for Dr. Deran Whitney, Suffolk Public Schools Superintendent and the Officers of Election Appreciation Reception. Vice Mayor Bennett asked City Manager Roberts to provide an overview on the City’s acknowledgement of the passing for former Police Chief Jimmy Wilson. City Manager Roberts provided the following information: the Suffolk Police Department offered the family of former Police Chief Wilson an honor guard and a departmental representative to provide remarks on behalf of the City. He added that the family declined the offer, and Major Alfred Chandler attended the funeral to represent the City. Mayor Johnson reiterated that she called the daughter of Chief Wilson. City Manager Roberts added that Police Chief Thomas Bennett sent a letter of condolence to the family. Vice Mayor Bennett opined about the appropriateness of a resolution in recognition of former Police Chief Wilson. Mayor Johnson advised that the City would provide an appropriate ceremonial item. Vice Mayor Bennett asked for clarification of Mr. McAllister’s issue from City staff. Mayor Johnson opine about Suffolk Restaurant Week. Mayor Johnson announced she attend the ribbon cutting for the Inclusive Playground. 11 City Council Regular Meeting June 19, 2019 Mayor Johnson opined about the quality of Lake Meade Park. Mayor Johnson reported she attended the ribbon cutting for Specialist for Women. Mayor Johnson extended congratulations to Dr. Deran Whitney, Suffolk Public Schools Superintendent, on his retirement. 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 9:19 p.m. Teste: ________________________________________________ Erika S. Dawley, MMC, City Clerk Approved: ____________________________________________ Linda T. Johnson, Mayor APPROVED: AUGUST 21, 2019 12