City Council Meeting Packets

City Council Regular Meeting October 16, 2013 Regular Meeting of the Suffolk City Council was held in the City Council Chamber on Wednesday, October 16, 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 October 16, 2013, pursuant to Section 2.2-3712 of the Code of Virginia (1950), as amended. Council Member Gardy, on a motion seconded by Council Member Parr, 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 OCTOBER 16, 2013, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting October 16, 2013 APPROVAL OF THE MINUTES Council Member Parr, on a motion seconded by Council Member Gardy, moved to approve the minutes from the September 18, 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 Special Presentation – A proclamation in recognition of the Red Ribbon Week Mayor Johnson presented the above referenced item to Rickeda Fofana, Youth Outreach or Services Coordinator and Kayla Vincent, Chair, Youth Advisory Council. REMOVAL OF ITEMS FROM THE CONSENT AGENDA AND ADOPTION OF THE AGENDA Mayor Johnson asked if any members of City Council wished to remove the items from the Consent Agenda for separate action. Hearing no requests for removal of the items, Mayor Johnson advised that a motion was in order at this time to adopt the agenda. 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 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 funds from the Virginia Department of Environmental Quality for the City of Suffolk Litter Prevention and Recycling Program Consent Agenda Item #8 - An ordinance to accept and appropriate funds from the Commonwealth of Virginia Department of Aviation for the Suffolk Executive Airport 2 City Council Regular Meeting October 16, 2013 Consent Agenda Item #9 - An ordinance to accept and appropriate funds from the Virginia Department of Criminal Justice Services for the Fifth Judicial District Community Corrections Program Consent Agenda Item #10 - An ordinance to accept and appropriate a 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 a Local Government Challenge Grant award from the Virginia Commission for the Arts Consent Agenda Item #12 - An ordinance to authorize the appropriation of available capital funds for capital improvement project Vice Mayor Brown queried about the Consent Agenda Items #7, 8, 9, 10 and 11 – an ordinance to accept and appropriate funds from the Virginia Department of Environmental Quality for the City of Suffolk Litter Prevention and Recycling Program; an ordinance to accept and appropriate funds from the Commonwealth of Virginia Department of Aviation for the Suffolk Executive Airport; an ordinance to accept and appropriate funds from the Virginia Department of Criminal Justice Services for the Fifth Judicial District Community Corrections Program; an ordinance to accept and appropriate a Port Security Grant from the United States Department of Homeland Security for the Suffolk Police Department; and an ordinance to accept and appropriate a Local Government Challenge Grant award from the Virginia Commission for the Arts, respectively. Mayor Johnson and Council Member Duman called for an explanation of Consent Agenda Item #12 - an ordinance to authorize the appropriation of available capital funds for capital improvement project. Referring to Consent Agenda Item #7, City Manager Cuffee-Glenn supplied a summary of the background information as printed in the official agenda. Referring to Consent Agenda Item #8, City Manager Cuffee-Glenn offered a synopsis of the background information as printed in the official agenda. Referring to Consent Agenda Item #9, City Manager Cuffee-Glenn gave a report on the background information as printed in the official agenda. Referring to Consent Agenda Item #10, City Manager Cuffee-Glenn provided a summation of the background information as printed in the official agenda. Referring to Consent Agenda Item #11, City Manager Cuffee-Glenn reviewed the background information as printed in the official agenda. Referring to Consent Agenda Item #12 and utilizing a PowerPoint presentation, Deputy City Manager Patrick Roberts furnished an overview of the background information as printed in the official agenda. Council Member Parr, on a motion seconded by Council Member Duman, moved to approve the Consent Agenda, as presented, by the following vote: AYES: Council Members Duman, Fawcett, Gardy, Milteer Parr, Ward, Brown and Johnson 8 NAYS: None 0 3 City Council Regular Meeting October 16, 2013 PUBLIC HEARINGS Public Hearing – An ordinance granting Rezoning Request, RZ06-12 (Conditional), Harbour View Station West, submitted by Thomas Vincent of Halvorsen Development Corporation on behalf of HVS West, LLC, Harbourview Partners, Health Care REIT, Inc., Townebank and Merdian Harbourview, LLC, property owners, to request a change in zoning from the existing MUD, Mixed Use Development Overlay District, to a proposed revised MUD, Mixed Use Development Overlay District. The intent of this rezoning is to amend the existing master plan, design standards and proffered conditions for this existing mixed use development project Utilizing a PowerPoint presentation, Planning and Community Development Director D. Scott Mills submitted a synopsis of the background information as printed in the official agenda. Thomas Vincent, no address given, representing Halvorsen Development Corporation, spoke in support of the proposed ordinance as presented. Robert Williams, 580 Harbourview Boulevard, representing Harbourview Partners, spoke in support of the proposed ordinance as presented. Janet Gurwell, 105 Brewer Avenue, representing self, opined about the proposed ordinance as presented Whitney Saunders, 705 West Washington Street, Saunders and Ojeda, representing Thomas Vincent of Halvorsen Development Corporation, spoke in support of the proposed ordinance as presented. Melissa Vernable, 5857 Harbourview Boulevard, representing Thomas Vincent of Halvorsen Development Corporation, spoke in support of the proposed ordinance as presented. Hearing no additional speakers, the public hearing was closed. Mayor Johnson advised that she would abstain from discussions or action related to Rezoning Request RZ06-12 per State Code Section 2.2-3115(E) due to her representation of a business that may realize a reasonable foreseeable benefit as a result of City Council’s approval of this item. Council Member Ward, on a motion seconded by Vice Mayor Brown, moved to approve the ordinance, with conditions, as presented. Referring to the presentation, Council Member Parr called for an explanation of the proffer system. City Attorney Holland explained that proffers are funds offered by applicants that must be dedicated to specific purposes, such as education or road improvements. Referring to the presentation, Council Member Duman asked about the number of residential units that would have been permitted the project’s original rezoning. Planning and Community Development Director Mills advised that the parcel was approved for 1,200 residential units, 200 of which would be age restricted units. 4 City Council Regular Meeting October 16, 2013 Referring to the presentation, Council Member Duman opined the number of units that could be built on the parcel, should City Council deny the proposed ordinance. Planning and Community Development Director Mills reiterated that should City Council deny the proposed ordinance, the parcel was approved for 1,200 residential units, 200 of which would be age restricted units. Council Member Ward, on a motion seconded by Vice Mayor Brown, moved to approve the ordinance, with conditions, as presented, by the following vote: AYES: Council Members Duman, Fawcett, Gardy, Milteer Parr, Ward, and Brown. 7 NAYS: None 0 ABSTAIN: Mayor Johnson 1 AN ORDINANCE TO REZONE AND AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SUFFOLK, FOR PROPERTY LOCATED SOUTH OF TOWN POINT ROAD, EAST OF HARBOUR VIEW BOULEVARD, NORTH OF BRIDGE ROAD AND WEST OF INTERSTATE 664, ZONING MAP 6, PARCEL 3A*2C, 3A2C*1, 3A*2C*2, 3A*2C*3, 3*BMP, 3C*, 3C*2, 3D, 3E AND 3F, RZ06-12 (CONDITIONAL) Public Hearing – An ordinance granting Rezoning Request RZ1-13 (Conditional) The Retreat at Bennetts Creek, submitted by Whitney Saunders of Saunders and Ojeda, P.C., on behalf of Brian Rowe, managing member with The Retreat at Bennetts Creek, LLLP, applicant and property owner, to amend the approved proffered conditions by removing the age restriction on the housing units, addressing traffic improvements and adding a cash proffer for the middle and high school capacity Utilizing a PowerPoint presentation, Planning and Community Development Director Mills gave a summary of the background information as printed in the official agenda. Whitney Saunders, 705 West Washington Street, Saunders and Ojeda, representing Brian Rowe, managing member with the The Retreat at Bennetts Creek LLLP, spoke in support of the proposed ordinance as presented. Janet Gurwell, 105 Brewer Avenue, representing self, opined about the proposed ordinance as presented. Hearing no additional speakers, the public hearing was closed. Council Member Fawcett, on a motion second by Council Member Ward, moved to approve the ordinance, with conditions, as presented. Referring to the presentation, Council Member Duman queried about the methodology used to determine the number of students generated by each rezoning request. Planning and Community Development Director Mills stated that Section 31-601 of the City’s Unified Development Ordinance includes an adequate public facilities formula for each type of development including setting a student generator rate. Referring to the presentation, Council Member Parr inquired about the revenues that would be generated upon the completion of the proposed project. Mr. Saunders said that upon completion, the project would have 126 units, which could sell for approximately $250,000 - $300,000. He added that could generate approximately $32,000,000 in real estate tax revenues. 5 City Council Regular Meeting October 16, 2013 Referring to the presentation, Council Member Parr opined about the inclusion of water access in the previous plan. Mr. Saunders indicated that while the previous plan for this community included water access, the new plan does not. He further speculated that it might be developed in the future, depending on the demand from the community. Council Member Fawcett, on a motion seconded by Council Member Ward, moved to approve the 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 TO REZONE AND AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SUFFOLK, FOR PROPERTY LOCATED AT 5700 LEE FARM LANE, FURTHER IDENTIFIED AS ZONING MAP 12, PARCELS 12 AND 12A*3, RZ1-13 (CONDITIONAL) Public Hearing – An ordinance to rezone and amend the official zoning map of the City of Suffolk, to change zoning from B-1, Neighborhood Commercial District, to RU, Residential Urban District, for property located at the northeast corner of White Marsh Road and Lake Kennedy Drive (Extended), Tax Map 35, Parcel 166A, RZ05-13 Utilizing a PowerPoint presentation, Planning and Community Development Director Mills offered a summation of the background information as printed in the official agenda. Wayne Lavender, 5421 McDuff Circle, Virginia Beach, Virginia, Executive Director, Habitat for Humanity of South Hampton Roads, spoke in support of the proposed ordinance as presented. William Goodman, 511 Reed Court, President, East Suffolk Garden Civic League, spoke in opposition to the proposed ordinance as presented. Ivery Knight, 800 Seminole Drive, representing self, spoke in opposition to the proposed ordinance as presented. Wayne Lavender, 5421 McDuff Circle, Virginia Beach, Virginia, Executive Director, Habitat for Humanity of South Hampton Roads, spoke in support of the proposed ordinance as presented. Janet Gurwell, 105 Brewer Avenue, representing self, opined about the proposed ordinance as presented. Hearing no additional speakers, the public hearing was closed. Referring to the presentation, Vice Mayor Brown asked if Habitat for Humanity of South Hampton Roads gives homes away after they are completed Mr. Lavender indicated that no homes are given away to homeowners. Referring to the presentation, Vice Mayor Brown called for an explanation of the process used to select homeowners. Mr. Lavender explained that applicants must submit to reference checks and meet financial standards in order to qualify for homeownership. 6 City Council Regular Meeting October 16, 2013 Referring to the presentation, Vice Mayor Brown opined about the disadvantages of maintaining the current Neighborhood Commercial District designation as it relates to the parcel under consideration. Planning and Community Development Director Mills reported that narrowness of the parcel would make off street parking challenging, and its direct location to residential units would create additional issues. Referring to the presentation, Vice Mayor Brown queried about the interest in developing the parcel over the past 15 years. Planning and Community Development Director Mills indicated that he was unaware of any interest in developing the parcel for commercial during that timeframe. Vice Mayor Brown, on a motion seconded by Council Member Parr, moved to approve the ordinance, as presented. Referring to the presentation, Council Member Duman sought information about the success rate for homeowners. Mr. Lavender stated that the foreclosure rate is about four percent, which is comparable to the national average. Referring to the presentation, Council Member Duman inquired about the number of years that the parcel has been zoned B-1, Neighborhood Commercial District. Planning and Community Development Director Mills replied that the zoning designation has been in place since the City purchased the property in 2000. Referring to the presentation, Council Member Duman asked about the setback requirements for the parcel. Planning and Community Development Director Mills stated that the regulations require 20 feet in the front and 30 feet in the rear. Referring to the presentation, Council Member Duman questioned if the parcel is in the Enterprise Zone. City Manager Cuffee-Glenn replied in the negative. Referring to the presentation, Council Member Ward called for background information about when the parcel was identified for residential use. Planning and Community Development Director Mills advised that the parcel was identified for residential use in 1999. Referring to the presentation, Council Member Parr opined about the driveway on the parcel and the adjacent property owner. Planning and Community Development Director Mills explained that the adjacent property owner is amenable. Vice Mayor Brown, on a motion seconded by Council Member Parr, moved to approve the ordinance, by the following vote: AYES: Council Members Duman, Fawcett, Gardy, Milteer Parr, Ward, Brown and Johnson 8 NAYS: None 0 AN ORDINANCE TO REZONE AND AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SUFFOLK, TO CHANGE ZONING FROM B-1, NEIGHBORHOOD COMMERCIAL ZONING DISTRICT, TO RU, RESIDENTIAL URBAN ZONING DISTRICT, FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF WHITE MARSH ROAD AND LAKE KENNEDY DRIVE (EXTENDED) TAX MAP 35, PARCEL 166A, RZ05-13 7 City Council Regular Meeting October 16, 2013 Public Hearing – An ordinance granting Conditional Use Permit Request, C25-13, Bunny’s Pawn Shop, submitted by Susan O. Russo, applicant, on behalf of Arthur C. Bredemeyer, Managing Member, on behalf of Parr Saratoga Street Properties, property owner, for a pawn shop in accordance with Sections 31-306 and 31-406 of the Unified Development Ordinance Utilizing a PowerPoint presentation, Planning and Community Development Director Mills provided an overview of the background information as printed in the official agenda. Matthew Russo, 305 Rockbridge Road, Portsmouth, Virginia, representing Susan O. Russo, applicant, spoke in support of the proposed ordinance as presented. Hearing no additional speakers, the public hearing was closed. Mayor Johnson advised that she would abstain from discussions or action related to Conditional Use Permit C25-13 per State Code Section 2.2-3115(E) due to her representation of a business that may realize a reasonable foreseeable benefit as a result of City Council’s approval of this item. Council Member Parr advised that he would abstain from discussions or action related to Conditional Use Permit C25-13 per State Code Section 2.2-3115(E) due to his representation of a business that may realize reasonable foreseeable benefit as a result of City Council’s approval of this item. Council Member Gardy, on a motion seconded by Council Member Milteer, moved to approve the ordinance, by the following vote: AYES: Council Members Duman, Fawcett, Gardy, Milteer Ward, and Brown 6 NAYS: None 0 ABSTAIN: Council Member Parr and Mayor Johnson 2 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR A PAWN SHOP ON PROPERTY LOCATED AT 152 SOUTH SARATOGA STREET, ZONING MAP 34G24, BLOCK A, PARCEL 1, C25-13 ORDINANCES There were no items under this portion of the agenda. RESOLUTIONS Resolution – A resolution adopting the 2014 Legislative Agenda for the City of Suffolk Utilizing a PowerPoint presentation, Special Project Manager Sherry Hunt submitted a synopsis of the background information as printed in the official agenda. Economic Development Director Kevin Hughes provided supplementary information. 8 City Council Regular Meeting October 16, 2013 Referring to the presentation, Council Member Milteer asked whether a map could be supplied with the City’s inclusion of a request to the General Assembly for a change to the enterprise zone criteria. Ms. Hunt reported that the City presented a map to the General Assembly regarding enterprise zones in a previous request, and that map will probably be reused with this new request. Referring to the presentation, Council Member Milteer called for an explanation of the neighborhoods included in the City’s request for a change to the enterprise zone criteria. Economic Development Director Hughes indicated that request includes areas in four or five census tracts that extend from downtown to Northgate Commerce Park. Referring to the presentation, Council Member Duman opined about the reduction in revenue to the changes in the number of federal inmates at the Western Tidewater Regional Jail. He called for the inclusion of the following language - the Western Tidewater Regional Jail is requesting a full exemption from the Federal Overhead Recovery policy to cover the additional costs of the remaining federal inmates housed at their facility. Council Member Duman, on a motion seconded by Council Member Parr, moved that the resolution be amended to add language regarding the Western Tidewater Regional Jail and the reminder of the items included in 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 ADOPTING THE 2014 LEGISLATIVE AGENDA FOR THE CITY OF SUFFOLK STAFF REPORTS There were no items under this portion of the agenda. MOTIONS Motion - A motion to schedule a Work Session for November 6, 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 November 6, 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 Janet Gurwell, 105 Brewer Avenue, representing self, opined about the proffer system. 9 City Council Regular Meeting October 16, 2013 NEW BUSINESS Mayor Johnson asked City Clerk Dawley if there were any New Business items for consideration. City Clerk Dawley presented the following nominations for City Council’s consideration: Southeastern Tidewater Opportunity Project Board of Directors – Azeez Felder; Southeastern Virginia Areawide Model Program – Joice Whitehorn; and Western Tidewater Regional Jail Authority (alternate) – Lenora Reid. Council Member Milteer, on a motion seconded by Council Member Duman, moved to appoint the above referenced individual to the aforementioned bodies, by the following vote: AYES: Council Members Duman, Fawcett, Gardy, Milteer Parr, Ward, Brown and Johnson 8 NAYS: None 0 ANNOUNCEMENTS AND COMMENTS Utilizing PowerPoint presentation, Media and Community Relations Manager Timothy Kelley reported on the following activities: the 2013 Peanut Fest Corporate Tent Award Winner; The Great Southeast Shake Out observance; upcoming free movie nights at the Visitor Center Pavilion; the upcoming Suffolk Humane Society Adopt a thon; the observance of Red Ribbon Week; the upcoming Suffolk Police Department Seventh Annual Take-Back Initiative Day; the upcoming Recycling Drive and Tire Amnesty Day; the ongoing Keep Suffolk Beautiful Cigarette Litter Prevention Program; the hours for Trick or Treat on Halloween; the upcoming Suffolk Restaurant Week; the 18th Annual City Treasurer United Way Golf Tournament; and the impending start of Daylight Savings Time. Council Member Duman commended City Administration on the recent City Council retreat. Council Member Duman opined about the Shrimp Fest. Council Member Duman announced he attended a recent meeting of the Nansemond River Preservation Alliance. Council Member Duman thanked the Obici Health Care Foundation for recent grants. Council Member Duman encouraged residents to attend the upcoming Driver Days and the Greater Chuckatuck Historical Society Founders Day. Council Member Milteer commended City Administration on the recent City Council retreat. Council Member Milteer reported an issue with potholes on Wellons Street and drainage problems on Carolina Highway. Council Member Parr commended City Administration on the recent City Council retreat. Council Member advised he attend a concert at the Suffolk Center for Cultural Arts. Council Member Parr advised that he attended Peanut Fest. 10 City Council Regular Meeting October 16, 2013 Council Member Parr opined about the upcoming Election Day. Council Member Parr commended the Public Works Department for debris removal on Forest Hill Crescent. Council Member Gardy commended City Administration on the recent City Council retreat. Council Member Ward commended City Administration on the recent City Council retreat. Council Member Ward advised that he attended the following events: the installation of a new Pastor at Tabernacle Baptist Church; a luncheon hosted by Links, Incorporated; the Peanut Fest; a meeting of the Pughsville Civic League; and the Suffolk on the Move 5K Walk/Run. Council Member Fawcett commended City Administration on the recent City Council retreat. Council Member Fawcett advised that he attended the following events: Queen’s Luncheon; the Shrimp Fest; the Peanut Fest; the Virginia Municipal Center Annual Conference and Driver Days. Vice Mayor Brown commended City Administration on the recent City Council retreat. Mayor Johnson advised she attended Peanut Fest, Shrimp Feast and the Queen’s Luncheon. Mayor Johnson opined about Driver Days, the Greater Chuckatuck Historical Society Founders Day, and the Hampton Roads Transportation Planning District Commission. 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 10:13 p.m. Teste: ________________________________________________ Erika S. Dawley, City Clerk Approved: ____________________________________________ Linda T. Johnson, Mayor APPROVED: NOVEMBER 20, 2013 11