City Council Meeting Agendas

City Council Regular Meeting September 18, 2019 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, September 18, 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 led the Pledge of Allegiance. FREEDOM OF INFORMATION CERTIFICATION City Clerk Dawley presented a resolution certifying the Closed Meeting of September 18, 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 SEPTEMBER 18, 2019, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting September 18, 2019 APPROVAL OF THE MINUTES Vice Mayor Bennett, on a motion seconded by Council Member Johnson, moved to approve the minutes from the August 21, 2019, 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 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 City Manager Roberts had a matter for City Council’s consideration. City Manager Roberts announced that there was an additional item for their consideration this evening: a resolution authorizing participation in the Virginia Department of Transportation Revenue Sharing Program for Fiscal Years 2021 and 2022. Mayor Johnson explained that a motion is in order to amend the agenda to add the aforementioned item under the Resolutions portion of the agenda and adopt the remainder of the agenda, as presented. Council Member Fawcett, on a motion seconded by Vice Mayor Bennett, to amend the agenda to add the aforementioned item under the Resolutions portion of the agenda and adopt the remainder of the agenda, 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 funding from the Virginia Department of Aviation for promotional events at the Suffolk Executive Airport Consent Agenda Item #8 - An ordinance to accept and appropriate additional funds from the Virginia Department of Criminal Justice Services for the Fifth Judicial District Community Corrections Program 2 City Council Regular Meeting September 18, 2019 Consent Agenda Item #9 - An ordinance to accept and appropriate funds from the Virginia Department of Motor Vehicles Highway Safety Grant Program for the Suffolk Police Department Consent Agenda Item #10 - An ordinance to accept and appropriate a 2019 Port Security Grant from the United States Department of Homeland Security for the Suffolk Police Department Consent Agenda Item #11 - An ordinance to accept and appropriate funds from the American Library Association for the Suffolk Public Library Consent Agenda Item #12 - An ordinance to accept and appropriate funds from the Optima Health Community Partnership Program for the Suffolk Public Library Consent Agenda Item #13 - An ordinance to accept and appropriate funds from the Virginia Department of Rail and Public Transportation and Federal Transit Administration for the City’s Transit System Consent Agenda Item #14 - A resolution declaring and rescinding a local emergency Referring to Consent Agenda Items #7 through #14, City Manager Roberts submitted a review of the background information as printed in the official agenda. Council Member Fawcett, on a motion seconded by Vice Mayor Bennett, 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 authorizing the acquisition of real property in fee simple and/or permanent and temporary easements, either by agreement or condemnation, for the Portsmouth Boulevard Sidewalk Improvements Project, Phases I, II, and III Utilizing a PowerPoint presentation, Public Works Director Louis Hansen provided a summary 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 Goldberg, moved to approve the ordinance, as presented: 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 September 18, 2019 AN ORDINANCE AUTHORIZING THE ACQUISITION OF REAL PROPERTY IN FEE SIMPLE AND/OR PERMANENT AND TEMPORARY EASEMENTS, EITHER BY AGREEMENT OR CONDEMNATION, FOR THE PORTSMOUTH BOULEVARD SIDEWALK IMPROVEMENTS PROJECT, PHASES I, II, AND III Public Hearing – A resolution concerning an application to place “no wake” buoys in the Nansemond River, along the Riverwood shoreline Utilizing a PowerPoint presentation, Public Works Director Hansen gave a review of the background as printed in the official agenda. He added that staff recommends approval of the application with the following modification to the proposed resolution: to include provisions necessary to prevent the buoy from dislodging during storm events. James R Taylor III, 216 Water Pointe Way, President, Riverwood Owners Association, Incorporated, spoke in support of the proposed resolution as presented. Hearing no additional speakers, the public hearing was closed. Referring to the presentation, Council Member Fawcett inquired about the agency that would determine the necessity for the provisions to prevent the buoy from dislodging during storm events and the weight of the buoy. Public Works Director Hansen said that the Department of Game and Inland Fisheries would be the agency to make such determinations. Council Member Duman, on a motion seconded by Vice Mayor Bennett, moved to approve the resolution, with the aforementioned modification, as recommended by staff. Vice Mayor Bennett opined about another request for the establishment of a no wake zone. City Manager Roberts said that staff will consider future requests of this nature on a case by case basis. Council Member Duman, on a motion seconded by Vice Mayor Bennett, moved to approve the resolution with the aforementioned modification, as recommended by staff, 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 CONCERNING AN APPLICATION TO PLACE “NO WAKE” BUOYS IN THE NANSEMOND RIVER, ALONG THE RIVERWOOD SHORELINE Public Hearing – An ordinance to rezone and amend the official zoning map of the City of Suffolk, to change the zoning from M-2, Heavy Industrial zoning district, to CBD, Central Business District zoning district, for property located at 273 South Saratoga Street, Zoning Map 34G23(A), Parcels 114, 115, 116, and 115A*1; RZN2019-006 (Conditional) Utilizing a PowerPoint presentation, Planning and Community Development Director David Hainley submitted a synopsis of the background information as printed in the official agenda. 4 City Council Regular Meeting September 18, 2019 Edwin Gaskin, 273 South Saratoga Street, Golden Dreams, LLC, applicant and property owner, 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 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-2, HEAVY INDUSTRIAL ZONING DISTRICT, TO CBD, CENTRAL BUSINESS DISTRICT ZONING DISTRICT, FOR PROPERTY LOCATED AT 273 SOUTH SARATOGA STREET, ZONING MAP 34G23(A), PARCELS 114, 115, 116, AND 115A*1; RZN2019-006 (CONDITIONAL) Public Hearing – An ordinance to grant a Conditional Use Permit to establish a Dwelling, multi-family and apartments (not otherwise enumerated), for property located at 273 South Saratoga Street, Zoning Map 34G23(A), Parcels 114, 115, 116, and 115A*1; CUP2019-013 Utilizing a PowerPoint presentation, Planning and Community Development Director Hainley supplied a summation of the background information as printed in the official agenda. Edwin Gaskin, 273 South Saratoga Street, Golden Dreams, LLC, applicant and property owner, spoke in support of the proposed ordinance, as presented. Hearing no additional speakers, the public hearing was closed. Council Member Milteer called for information about the total investment in the project. Mr. Gaskin explained that the initial investment in the project is $8,000,000. He concluded that an estimated investment of $30,000,000 could be made over the project’s multiple phases, depending on the interest. Council Member Goldberg, on a motion seconded by Council Member Fawcett, 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 DWELLING, MULTI-FAMILY AND APARTMENTS (NOT OTHERWISE ENUMERATED), FOR PROPERTY LOCATED AT 273 SOUTH SARATOGA STREET, ZONING MAP 34G23(A), PARCELS 114, 115, 116, AND 115A*1; CUP2019-013 5 City Council Regular Meeting September 18, 2019 Public Hearing – An ordinance to grant a conditional use permit to establish an Accessory dwelling unit, detached, on property located at 112 Ryan Arch, Zoning Map 27J, Parcel 1*92; CUP2019-011 Utilizing a PowerPoint presentation, Planning and Community Development Director Hainley offered a review of the background information as printed in the official agenda. Crystal Wilson, 112 Ryan Arch, applicant and property owner, spoke in support of the proposed ordinance, as presented. Hearing no additional speakers, the public hearing was closed. Referring to the presentation, Vice Mayor Bennett asked if the applicant needs the approval of the home owners’ association in order to establish the accessory dwelling unit. Ms. Wilson replied in the affirmative. Vice Mayor Bennett, on a motion seconded by Council Member Duman, moved to approve the ordinance, with conditions, 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 AN ACCESSORY DWELLING UNIT, DETACHED, ON PROPERTY LOCATED AT 112 RYAN ARCH, ZONING MAP 27J, PARCEL 1*92; CUP2019-011 Public Hearing – An ordinance to amend Chapter 31, Unified Development Ordinance of the Code of the City of Suffolk, Article 8, Nonconforming Uses, Section 31-801, Intent; OTA2019-004 Utilizing a PowerPoint presentation, Planning and Community Development Director Hainley reviewed 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 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 8, NONCONFORMING USES, SECTION 31-801, INTENT; OTA2019-004 Public Hearing – An ordinance to amend Chapter 31, Unified Development Ordinance of the Code of the City of Suffolk, Article 4, Zoning, Section 31-406, Use Regulations, and Appendix A, Definitions; OTA2019-005 6 City Council Regular Meeting September 18, 2019 Utilizing a PowerPoint presentation, Planning and Community Development Director Hainley provided a summary of the background information as printed on the official agenda. Hearing no speakers, the public hearing was closed. Referring to the presentation, Council Member Duman inquired about the maximum number of large animals permitted on five acres. Planning and Community Development Director Hainley stated that 20 large animals would be permitted on five acres. Referring to the presentation, Council Member Duman asked if a dwelling would be required on a parcel. Planning and Community Development Director replied in the negative. Referring to the presentation, Council Member Johnson opined about the number of 140 acre plots in the village plans. Planning and Community Development Director Hainley said that there are approximately between 30 to 50 plots of that size in the village plans. Referring to the presentation, Council Member Johnson called for clarification about the impact of the proposed ordinance in the agricultural areas of the City. Planning and Community Development Director Hainley said that the proposed ordinance has no impact on those areas. 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 CODE OF THE CITY OF SUFFOLK, ARTICLE 4, ZONING, SECTION 31-406, USE REGULATIONS, AND APPENDIX A, DEFINITIONS; OTA2019-005 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 31-612, Street Improvement Standards, and Appendix A, Definitions; OTA2019-006 Utilizing a PowerPoint presentation, Planning and Community Development Director Hainley gave a synopsis of the background information as printed in the official agenda. Hearing no speakers, the public hearing was closed. Council Member Ward, 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 7 City Council Regular Meeting September 18, 2019 AN ORDINANCE TO AMEND CHAPTER 31, UNIFIED DEVELOPMENT ORDINANCE OF THE CODE OF THE CITY OF SUFFOLK, ARTICLE 6, DESIGN AND IMPROVEMENT STANDARDS, SECTION 31-612, STREET IMPROVEMENT STANDARDS, AND APPENDIX A, DEFINITIONS; OTA2019-006 ORDINANCES Ordinance – An ordinance establishing the Agricultural Advisory Committee Utilizing a PowerPoint presentation, Deputy City Manager D. Scott Mills provided a summary on the background information as printed in the official agenda. 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 ESTABLISHING THE AGRICULTURAL ADVISORY COMMITTEE RESOLUTIONS Resolution - A resolution authorizing participation in the Virginia Department of Transportation Revenue Sharing Program for Fiscal Years 2021 and 2022 (This item was added to the agenda under the Removal of Items from the Consent Agenda and the Adoption of the Agenda portion of tonight’s agenda) Utilizing a PowerPoint presentation, Public Works Director Hansen supplied a summation of the above referenced item. 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 AUTHORIZING PARTICIPATION IN THE VIRGINIA DEPARTMENT OF TRANSPORTATION REVENUE SHARING PROGRAM FOR FISCAL YEARS 2021 AND 2022 STAFF REPORTS There were no items under this portion of the agenda. 8 City Council Regular Meeting September 18, 2019 MOTIONS Motion – A motion to schedule a City Council Work Session for Wednesday, October 2, 2019, at 4:00 p.m., unless cancelled Council Member Goldberg, on a motion seconded by Vice Mayor Bennett, moved to schedule a City Council Work Session for Wednesday, October 2, 2019, at 4:00 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 Ronald Byrd, 4421 and 4425 John Street, representing Model Homes, LLC, was not present when called. Reggie Carter, 1300 Diamond Springs Road, Virginia Beach, Virginia, Service Director, Boys and Girls Club of Southeast Virginia, invited members of City Council to the Boys and Girls Club – Suffolk Unit Oyster Roast. Keith Robinson, Jr. Director, Boys and Girls Club-Suffolk Unit and Kanisha Davis, Member, Boys and Girls Club-Suffolk Unit were also in attendance. Kelly Hengler, 9345 Eclipse Drive, representing the Crittenden Eclipse and Hobson Civic League, opined about development in her area. NEW BUSINESS City Clerk Dawley presented the following board and commission nominations for City Council’s consideration: Suffolk Clean Communities Commission – W. Michael Layne; Suffolk Sister Cities Commission - Denise Hoffler Foster, Mary Jane Naismith, and Mary Anne Persons and Tidewater Emergency Medical Services – Deputy Fire Chief Brian Spicer. Council Member Goldberg, on a motion seconded by Council Member Johnson, 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 City Clerk Dawley announced the following nominations: Virginia Municipal League Annual Conference Business Meeting - Council Member Ward (voting member) and Council Member Fawcett (alternate voting member) and the Virginia Municipal League Annual Conference Urban Section Meeting - Council Member Ward (voting member) and Council Member Fawcett (alternate voting member). 9 City Council Regular Meeting September 18, 2019 Council Member Goldberg, on a motion seconded by Council Member Ward, 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 ANNOUNCEMENTS AND COMMENTS Utilizing a PowerPoint presentation, Media and Community Relations Director Diana Klink reported on the following: Master Police Officer Clifton Sessoms’ receipt of the Mothers Against Drunk Driving Award; the Suffolk Police Department’s Open House; and the availability of free mosquito dunks. Council Member Johnson announced he attended a meeting of the American Association of Retired Persons. Council Member Ward opined about the problems with bedbugs in Chorey Park. City Manager Roberts indicated that he contacted Suffolk Redevelopment and Housing Authority’s Executive Director Tracey Snipes about this matter. He added that while the Suffolk Redevelopment and Housing Authority is a completely independent entity over which the City does not have any purview, he offered any assistance that the City could offer. Council Member Ward opined about members of City Council attending meetings of the Suffolk Redevelopment and Housing Authority. City Attorney Holland said that while certain authorities have City Council liaisons, they are completely independent agencies. Council Member Ward reported he attended a meeting of the Huntersville Civic League. Council Member Ward opined about traffic concerns in Pughsville and public safety concerns in Magnolia Park. Council Member Ward extended his condolences to former Vice Mayor Charles Brown on the loss of his grandson. Council Member Duman announced he attended the following: Taste of Suffolk; the Mutt Strut and a town hall meeting regarding veteran’s affairs. Council Member Milteer reported he attended the Taste of Suffolk. Council Member Milteer opined about the appointment of Dr. John B. Gordon, III, as the new Superintendent of Suffolk Public Schools. Council Member Fawcett acknowledged Master Police Officer Clifton Sessoms’ receipt of the Mothers Against Drunk Driving Award. Council Member Fawcett opined about the Taste of Suffolk. Council Member Fawcett acknowledged all of the City employees that assisted during the recent storm. 10 City Council Regular Meeting September 18, 2019 Council Member Fawcett reported he attended a town hall regarding veteran’s affairs. Council Member Fawcett thanked everyone that offered his family condolences on the passing of his mother in law. Council Member Goldberg announced he attended Taste of Suffolk and a town hall regarding veteran’s affairs. Vice Mayor Bennett called for City Administration to assist Win Winslow with the establishment of a no wake zone. Vice Mayor Bennett thanked the representatives from the Boys and Girls Club-Suffolk Unit, who were in attendance. Vice Mayor Bennett reported he attended the following: an event in recognition of the 55th anniversary of the Suffolk Alumnae Chapter of Delta Sigma Theta Sorority, Incorporated; United Way Golf Tournament hosted by City Treasurer Ronald Williams and Taste of Suffolk. Vice Mayor Bennett opined about the appointment of Dr. John B. Gordon, III, as the new Superintendent of Suffolk Public Schools. Mayor Johnson opined about hurricane preparedness. Mayor Johnson opined about Taste of Suffolk, the Mutt Strut and the Walk to End Alzheimer's. Mayor Johnson opined about the appointment of Dr. John B. Gordon, III, as the new Superintendent of Suffolk Public Schools. Mayor Johnson opined about the American Association of Retired Persons. Mayor Johnson announced she would be attending the Veterans of Foreign Wards District 2 Department of Virginia Prisoners of War/Missing in Action Chair of Honor Dedication Ceremony. Mayor Johnson extended her condolences to former Vice Mayor Charles Brown on the loss of his grandson. Council Member Fawcett, on a motion seconded by Council Member Duman, 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 11 City Council Regular Meeting September 18, 2019 There being no further business to come before City Council, the regular meeting was adjourned at 8:44 p.m. Teste: ________________________________________________ Erika S. Dawley, MMC, City Clerk Approved: ____________________________________________ Linda T. Johnson, Mayor APPROVED: OCTOBER 16, 2019 12