City Council Meeting Packets

City Council Regular Meeting September 18, 2013 Regular Meeting of the Suffolk City Council was held in the City Council Chamber on Wednesday, September 18, 2013, at 7:00 p.m. PRESENT Council Members - Linda T. Johnson, Mayor, presiding Charles F. Brown, Vice Mayor Michael D. Duman Roger W. Fawcett Jeffrey L. Gardy Curtis R. Milteer, Sr. Charles D. Parr, Sr. Lue R. Ward, Jr. Selena Cuffee-Glenn, 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 to the Flag. FREEDOM OF INFORMATION ACT CERTIFICATION City Clerk Dawley presented a resolution certifying the Closed Meeting of September 18, 2013, pursuant to Section 2.2-3712 of the Code of Virginia (1950), as amended. Council Member Parr, on a motion seconded by Council Member Duman, moved that the resolution be approved, as presented, by the following vote: AYES: Council Members Duman, Fawcett, Gardy, Milteer, Parr, Ward, Brown and Johnson 8 NAYS: None 0 A RESOLUTION OF CERTIFICATION OF THE CLOSED MEETING OF SEPTEMBER 18, 2013, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting September 18, 2013 APPROVAL OF THE MINUTES Council Member Gardy, on a motion seconded by Council Member Parr, moved to approve the minutes from the August 21, 2013, Work Session and Regular Meeting, as presented, by the following vote: AYES: Council Members Duman, Fawcett, Gardy, Milteer Parr, Ward, Brown and Johnson 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 asked if any members of City Council wished to remove any of the Consent Agenda items for separate action. Hearing no requests for removal of any items, Mayor Johnson advised that a motion was in order at this time to adopt the agenda as presented. Council Member Duman, on a motion seconded by Council Member Parr, moved to adopt the agenda as presented, by the following vote: AYES: Council Members Duman, Fawcett, Gardy, Milteer Parr, Ward, Brown and Johnson 8 NAYS: None 0 AGENDA SPEAKERS There were no items 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 Motor Vehicles Highway Safety Program for the Suffolk Police Department. Consent Agenda Item #8 – An ordinance to accept and appropriate a Justice Assistance Grant from the United States Department of Justice in support of the Suffolk Police Department and Office of the Commonwealth’s Attorney. Consent Agenda Item #9 – An ordinance to accept and appropriate additional funds from the Virginia Department of Aviation in support of the Airport Corporate Hanger Access Road project 2 City Council Regular Meeting September 18, 2013 Council Member Milteer asked for a summary of Consent Agenda Item #9 - an ordinance to accept and appropriate additional funds from the Virginia Department of Aviation in support of the Airport Corporate Hanger Access Road project. Vice Mayor Brown called for a report on Consent Agenda Item #7 and #8 - an ordinance to accept and appropriate funds from the Virginia Department of Motor Vehicles Highway Safety Program for the Suffolk Police Department and an ordinance to accept and appropriate a Justice Assistance Grant from the United States Department of Justice in support of the Suffolk Police Department and Office of the Commonwealth’s Attorney, respectively. Referring to Consent Agenda Item #7, City Manager Cuffee-Glenn offered a report on background information as printed in the official agenda. Referring to Consent Agenda Item #8, City Manager Cuffee-Glenn provided a synopsis of the background information as printed in the official agenda. Referring to Consent Agenda Item #9, City Manager Cuffee-Glenn gave an overview of the background information as printed on the official agenda. Referring to all of the Consent Agenda Items, Council Member Parr queried about any required cash matches. Finance Director Seward reported the following: Consent Agenda Item #7 requires a $8,405 local cash match; Consent Agenda Item #8 requires no local cash match; and Consent Agenda Item #9 requires a $7,000 local cash match. Vice Mayor Brown, on a motion seconded by Council Member Parr, moved to approve the Consent Agenda item, as presented, by the following vote: AYES: Council Members Duman, Fawcett, Gardy, Milteer Parr, Ward, Brown and Johnson 8 NAYS: None 0 PUBLIC HEARINGS Public Hearing – An ordinance granting Conditional Use Permit Request, C18-13, submitted by Joseph C. Ritchie, Supersonic, LLC, applicant, on behalf of Marlene F. Jester, property owner, for an indoor recreation center, in accordance with Sections 31-306 and 31-406 of the Unified Development Ordinance Utilizing a PowerPoint presentation, Planning and Community Development Director D. Scott Mills submitted a summary of the background information as printed in the official agenda. Joseph C. Ritchie, no address given, Supersonic, LLC, applicant, representing Marlene F. Jester, property owner, spoke in support of the ordinance. Hearing no additional speakers, the public hearing was closed. 3 City Council Regular Meeting September 18, 2013 Referring to the presentation, Council Member Gardy queried about the proximity of the parcel under consideration to the self-storage business in the area. Planning and Community Development Director Mills stated that he was not aware of the name of the business, but there is a self-storage facility in the area. Referring to the presentation, Council Member Gardy called for clarification of the use of a common exit between the parcel under consideration and the self-storage business. Planning and Community Development Director Mills advised that the rendering shows a shared exit. Referring to the presentation, Council Member Gardy asked if the widened Nansemond Parkway was taken into account. Planning and Community Development Director Mills replied that matter was taken into consideration. Vice Mayor Brown, on a motion seconded by Council Member Parr, moved to approve the proposed ordinance, with conditions, as presented, by the following vote: AYES: Council Members Duman, Fawcett, Gardy, Milteer Parr, Ward, Brown and Johnson 8 NAYS: None 0 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR AN INDOOR RECREATION FACILITY ON PROPERTY LOCATED AT 5196 NANSEMOND PARKWAY, ZONING MAP NUMBER 20, PARCEL 1777A, C18-13 Public Hearing - An ordinance granting Conditional Use Permit Request C19-13, submitted by Joyce White-Tasby and Arthur Tasby, applicants and property owners, to permit a school (dance, art, and music school) and a place of worship (small, under 6,000 sf) in accordance with Sections 31-306 and 31-406 of the Unified Development Ordinance Utilizing a PowerPoint presentation, Planning and Community Development Director Mills gave an overview of the background information as printed in the official agenda. Joyce White-Tasby, no address given, applicant and property owner, spoke in support of the proposed ordinance as presented. Dr. Elizabeth Daniels, 1502 Belefonte Drive, Portsmouth, Virginia, representing self, spoke in support of the proposed ordinance as presented. Joyce White-Tasby, no address given, applicant and property owner, spoke in support of the proposed ordinance as presented. Hearing no other speakers, the public hearing was closed. Referring to the presentation, Council Member Parr called for clarification about the staff’s concerns about the request for a small place of worship. Planning and Community Development Director Mills advised that safety is the main concern as it relates to the request for a small place of worship. 4 City Council Regular Meeting September 18, 2013 Council Member Parr asked if the façade would remain the same, should City Council approve the proposed ordinance. Planning and Community Development Director Mills replied that the façade would remain structurally the same, however, it could be painted within the historical district guidelines. Council Member Parr, on a motion seconded by Council Member Gardy, moved to approve the proposed ordinance, with conditions, as presented. Referring to the presentation, Council Member Milteer queried about the seating capacity. Planning and Community Development Director Mills explained that the maximum occupancy load of the second floor is restricted to ten persons, and the total maximum occupancy load of the entire building is 30 persons. Referring to the presentation, Council Member Fawcett sought information about any type of fire suppression system in the building. Planning and Community Development Director Mills he was not aware of any such system, but the owners would be required to adhere to the regulations on this matter as outlined in the Virginia Uniform Building Code. Referring to the presentation, Council Member Duman asked whether the building has an emergency exit. Planning and Community Development Director Mills reported that the building has no emergency exit. Council Member Parr, on a motion seconded by Council Member Gardy, moved to approve the proposed ordinance, with conditions, as presented, by the following vote: AYES: Council Members Duman, Gardy, Milteer Parr, Ward, Brown and Johnson 7 NAYS: Council Member Fawcett 1 AN ORINANCE GRANTING A CONDITIONAL USE PERMIT FOR A SCHOOL (DANCE, ART, AND MUSIC SCHOOL) AND A PLACE OF WORSHIP (SMALL, UNDER 6,000 SF) ON PROPERTY LOCATED AT 118 WEST WASHINGTON STREET, ZONING MAP NUMBER 34G18(A), PARCEL 301 – C19-13 Public Hearing – An ordinance granting a Conditional Use Permit Request C21-13, submitted by Jessica White, applicant, on behalf of Kirsten L. Bowen, property owner, to permit a day care (family day home, six to twelve children), in accordance with Section 31-306 and 31-406 of the Unified Development Ordinance Utilizing a PowerPoint presentation, Planning and Community Development Director Mills provided a summation of the background information as printed in the official agenda. Jessica White, 102 Dutchland Trail, applicant, representing Kirsten L. Bowen, property owner, spoke in support of the proposed ordinance as presented. Michael Griffin, 100 block of Dutchland Trail, representing self, requested that consideration of the proposed ordinance be continued. Jessica White, 102 Dutchland Trail, applicant, representing Kirsten L. Bowen, property owner, spoke in support of the proposed ordinance as presented. 5 City Council Regular Meeting September 18, 2013 Hearing no other speakers, the public hearing was closed. Referring to the presentation, Vice Mayor Brown called for an explanation of the difference between the staff’s recommendation versus the Planning Commission’s recommendation. Planning and Community Development Director Mills explained that staff recommended this family day care should have a maximum number of 12 children, and the Planning Commission approved a resolution that included a condition that set nine as the maximum number of children who shall be served by this family day care. Council Member Duman, on a motion seconded by Council Member Parr, moved to continue consideration of the proposed ordinance to the October 16, 2013, City Council meeting. Referring to the presentation, Council Member Fawcett asked how many children were currently being served at this family day care. Ms. White advised that she currently provides day care services to nine children. Referring to the presentation, Council Member Fawcett queried about the length of time that Ms. White has been providing family day care services at this location. Ms. White replied that she has been providing family day care services at this location for four years. Referring to the presentation, Council Member Fawcett inquired if Ms. White reviewed the bylaws of the homeowners association before she started her family day care. Ms. White said she did not check the bylaws of the homeowner association before starting her family day care. Council Member Fawcett opined about the receipt of homeowners association bylaws upon purchase of the home. Ms. White advised that she rents the residence in question, so received no bylaws. Referring to the presentation, Council Member Milteer asked if there was any opposition to the proposed ordinance expressed at the Planning Commission meeting. Planning and Community Development Director Mills stated that there was no opposition expressed at the Planning Commission regarding the proposed ordinance. Referring to the presentation, Council Member Milteer sought information about the notification of the adjacent property owners about tonight’s public hearing. Planning and Community Development Director Mills reported that all adjacent property owners were notified about tonight’s public hearing as required by the State Code. Referring to the presentation, Vice Mayor Brown requested clarification about the length of time that has lapsed between the submission of the application for the conditional use permit and tonight’s public hearing. Planning and Community Development Director Mills indicated that approximately 90 days has lapsed between the time of the application’s submission and tonight’s public hearing. Council Member Fawcett, on a substitute motion seconded by Vice Mayor Brown, moved to approve the proposed ordinance, with conditions, as presented. Council Member Parr asked about the City’s legal standing as it relates to the bylaws of a homeowners association. City Attorney Holland explained that the City is not bound by any homeowners association agreements and cannot enforce home owner association bylaws. 6 City Council Regular Meeting September 18, 2013 Council Member Parr opined about the number of children that would trigger a change in the property’s zoning designation from residential to commercial. Planning and Community Development Director Mills advised that without a conditional use permit, a home business such as a family day care is permitted for up to five children. He added that a conditional use permit is required for six to 12 children, and it does not change the property’s zoning designation. Referring to the presentation, Council Member Parr called for an explanation of the difference between the staff’s recommendation versus the Planning Commission’s recommendation. Planning and Community Development Director Mills explained that staff recommended this family day care should have a maximum number of 12 children, and the Planning Commission approved a resolution that included a condition that set nine as the maximum number of children who shall be served by this family home day care. Referring to the substitute motion, Council Member Parr called for clarification of the number of children permitted. Council Member Fawcett said that his motion would amend condition number three from a maximum of nine children to a maximum of 12 children and approve the remaining conditions as presented. Mayor Johnson advised that an amended substitute motion would be required as the initial substitute motion moved to approve the proposed ordinance with conditions as presented. Council Member Fawcett, on an amended substitute motion seconded by Vice Mayor Brown, moved to approve the proposed ordinance, with an amendment to condition number three changing the maximum of children from nine to 12, and approve the remaining conditions, as presented by the following vote: AYES: Council Members Fawcett. Gardy, Milteer Parr, Ward and Brown 6 NAYS: Council Member Duman and Mayor Johnson 2 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR A DAY CARE (FAMILY DAY HOME, SIX TO TWELVE CHILDREN) ON PROPERTY LOCATED AT 102 DUTCHLAND TRAIL, ZONING MAP NUMBER 26I, PARCEL 4*18 –C21-13 Public Hearing – An ordinance granting Conditional Use Permit Request, C23-13, submitted by J. Gregory Dodd, P.E. and James M. Dunn, P.E. of Horton and Dodd, agents, on behalf of Robert Fields, applicant, and on behalf of the Church of El Shaddai, property owner, for a place of worship (small, less than six thousand square feet) in accordance with Section 31-306 and 31-406 of the Unified Development Ordinance Utilizing a PowerPoint presentation, Planning and Community Development Director Mills offered a report on the background information as printed in the official agenda. J. Gregory Dodd, 300 George Washington Highway, Chesapeake, Horton and Dodd, agents, representing Robert Fields, applicant and Church of El Shaddai, property owner, spoke in support of the ordinance as presented. Hearing no other speakers, the public hearing was closed. 7 City Council Regular Meeting September 18, 2013 Council Member Milteer, on a motion seconded by Council Member Fawcett, moved to approve the proposed ordinance, with conditions, as presented. Referring to the presentation, Council Member Gardy asked if the applicant planned on factoring in other users when extending sewer and water service to the affected area on Philhower Drive. Mr. Dodd explained that the applicant would be extending the existing eight-inch waterline to the site to address fire suppression. Referring to the presentation, Council Member Gardy reiterated his inquiry about the extension of sewer and water service to the affected area on Philhower Drive. Mr. Dodd advised that he would qualify his last statement, as they have not performed a study for future use of the surrounding land. Council Member Milteer, on a motion seconded by Council Member Fawcett, moved to approve the proposed ordinance, with conditions, as presented, by the following vote: AYES: Council Members Duman, Fawcett, Gardy, Milteer Parr, Ward, Brown and Johnson 8 NAYS: None 0 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR A PLACE OF WORSHIP ON PROPERTY LOCATED AT 117 PHILHOWER DRIVE, ZONING MAP NUMBER 36, PARCEL 12, C23-13 Public Hearing – An ordinance granting Conditional Use Permit Request, C24-13, submitted by Shelia and Mark Slocum, applicants and property owners, for a personal services establishment in accordance with Section 31-306 and 31-406 of the Unified Development Ordinance Utilizing a PowerPoint presentation, Planning and Community Development Director Mills submitted a summary of the background information as printed in the official agenda. Sheila Slocum, 7813 Quaker Drive, applicant and property owner, spoke in support of the proposed ordinance as presented. Hearing no other speakers, the public hearing was closed. Council Member Gardy, on a motion seconded by Council Member Fawcett, moved to approve the proposed ordinance, with conditions, as presented, by the following vote: AYES: Council Members Duman, Fawcett, Gardy, Milteer Parr, Ward, Brown and Johnson 8 NAYS: None 0 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR A PERSONAL SERVICES ESTABLISHMENT ON PROPERTY LOCATED AT 3441 BRIDGE ROAD, ZONING MAP NUMBER 12, PARCEL 34B, C24-13 8 City Council Regular Meeting September 18, 2013 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 a special meeting on November 7, 2013, for the Legislative Dinner, to be held at 6:00 p.m., at The First Lady Council Member Duman, on a motion seconded by Council Member Parr, moved to schedule a special meeting on November 7, 2013, for the Legislative Dinner, to be held at 6:00 p.m., at The First Lady, by the following vote: AYES: Council Members Duman, Fawcett, Gardy, Milteer Parr, Ward, Brown and Johnson 8 NAYS: None 0 Motion - A motion to schedule a Work Session for October 2, 2013, at 4:00 p.m., unless cancelled Council Member Gardy, on motion seconded by Council Member Parr, moved to schedule a Work Session for October 2, 2013, at 4:00 p.m., unless canceled, by the following vote: AYES: Council Members Duman, Fawcett, Gardy, Milteer Parr, Ward, Brown and Johnson 8 NAYS: None 0 NON-AGENDA SPEAKERS Robert Hundley, 1205 Mount Pleasant Drive, representing self, opined about the Nansemond Suffolk Rescue Squad. W. Lawrence Daniels, 428 Market Street, representing self, opined about the Nansemond Suffolk Rescue Squad. NEW BUSINESS There were no items under this portion of the agenda. 9 City Council Regular Meeting September 18, 2013 ANNOUNCEMENTS AND COMMENTS Utilizing PowerPoint presentation, Media and Community Relations Manager Timothy Kelley reported on the following activities: a partnership with Suffolk Fire and Rescue Department, the Suffolk Police Department and Cut N’Shears offering free haircuts for back to school; East Side Rides, LLC, Sluggers Batting Cages and Pro Shop, and T.E. Cooke – Overton- Carver Memorial Cemetery Ribbon Cuttings; the recent Suffolk Police Department Promotional Ceremony; the recent Taste of Suffolk; the upcoming Whaleyville Community Center Construction Kick-off; the upcoming Peanut Fest Queen’s Luncheon, Peanut Fest Parade, and the Peanut Festival; the ongoing Farmers Market; congratulations to Finance Director Anne Seward on her selection as Isle of Wight County Administrator and Interim Finance Director Lenora Reid. Council Member Fawcett reported that he attended the Suffolk Police Department Promotional Ceremony. Council Member Fawcett congratulated Finance Director Seward on her selection as the new County Administrator in Isle of Wight County. Council Member Ward opined about the Taste of Suffolk. Council Member Ward advised he attended meetings of the Huntersville and Jericho Civic Leagues. Council Member Ward congratulated Finance Director Seward on her selection as the new County Administrator of Isle of Wight County. Council Member Gardy reported on the ribbon cutting of East Side Rides, LLC. Council Member Grady congratulated George’s Steakhouse on its 35th Anniversary. Council Member Gardy advised that he attended the dedication of the Salvation Army’s Physical Health and Recreation Building. Council Member Gardy congratulated Finance Director Seward on her selection as the new County Administrator of Isle of Wight County. Council Member Duman congratulated Finance Director Seward on her selection as the new County Administrator of Isle of Wight County. Council Member Duman reported on the recent Passion for Paws fundraiser for the Suffolk Humane Society. Council Member Duman announced he attended the following events: the Suffolk Police Department Promotional Ceremony; the Taste of Suffolk; the Hampton Roads Chamber of Commerce Suffolk Division meeting; and the dedication of the Salvation Army’s Physical Health and Recreation Building. Council Member Duman opined about the Nansemond Volunteer Rescue Squad. 10 City Council Regular Meeting September 18, 2013 Council Member Milteer congratulated Finance Director Seward on her selection as the new County Administrator of Isle of Wight County. Council Member Milteer advised he attended the Taste of Suffolk and the dedication of the Salvation Army’s Physical Health and Recreation Building. Council Member Milteer announced the upcoming Whaleyville Community Center Construction Kick-off. Council Member Parr reported that he attended the following events: the grand opening of Liberty Baptist Church; Sluggers Batting Cages and Pro Shop; and the Suffolk Police Department Promotional Ceremony. Council Member Parr announced the ongoing “A Century of Planters in Suffolk: 100 Years of Planters Memorabilia” exhibit at the Suffolk Center for Cultural Arts. Council Member Parr stated that he attended the Salvation Army’s Physical Health and Recreation Building. Council Member Parr advised that he attended the Taste of Suffolk. Council Member Parr congratulated Finance Director Seward on her selection as the new County Administrator of Isle of Wight County and Interim Finance Director Reid. Council Member Parr expressed his appreciation to the Public Works Department for attending meetings of the Jericho and Olde Mill Creek civic leagues. Vice Mayor Brown congratulated Finance Director Seward on her selection as the new County Administrator of Isle of Wight County and Interim Finance Director Reid. Vice Mayor Brown advised he attended the Taste of Suffolk. Vice Mayor Brown asked City Manager Cuffee-Glenn about the feasibility of extending the hours of operation at the East Suffolk Recreation Center. Vice Mayor Brown opined about the Suffolk Police Department Promotional Ceremony. Council Member Parr opined about the dedication of the Salvation Army’s Physical Health and Recreation Building. Mayor Johnson congratulated Finance Director Seward on her selection as the new County Administrator of Isle of Wight County and Interim Finance Director Reid. Mayor Johnson advised that she attended the Taste of Suffolk and the Suffolk Police Department Promotional Ceremony. Mayor Johnson announced an upcoming meeting of the Hampton Roads Transportation Planning Organization. 11 City Council Regular Meeting September 18, 2013 Mayor Johnson reported that she attended the dedication of the Salvation Army’s Physical Health and Recreation Building. Mayor Johnson advised that she would be attending the ATS Ribbon Cutting/Open House and the Change of Command for Rear Admiral Gretchen Herbert. Council Member Gardy, on a motion seconded by Council Member Duman, moved to adjourn, by the following vote: AYES: Council Members Duman, Fawcett, Gardy, Milteer Parr, Ward, Brown and Johnson 8 NAYS: None 0 There being no further business to come before City Council, the regular meeting was adjourned at 8:58 p.m. Teste: ________________________________________________ Erika S. Dawley, City Clerk Approved: ____________________________________________ Linda T. Johnson, Mayor APPROVED: OCTOBER 16, 2013 12