City Council Meeting Packets

City Council Regular Meeting March 19, 2014 Regular Meeting of the Suffolk City Council was held in the City Council Chamber on Wednesday, March 19, 2014, 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. Vice Mayor Brown 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 March 19, 2014, pursuant to Section 2.2-3712 of the Code of Virginia (1950), as amended. Council Member Milteer, on a motion seconded by Council Member Fawcett, 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 MARCH 19, 2014, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting March 19, 2014 APPROVAL OF THE MINUTES Council Member Gardy, on a motion seconded by Council Member Fawcett, moved to approve the minutes from the February 19, 2014, 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. She also advised that an item needed to be added to the Consent Agenda – a resolution directing the City Manager to assist the Virginia Department of Transportation by providing administrative, procurement and financial support of the City and Virginia Department of Transportation’s joint efforts to identify alternative solutions to relocate the Virginia Department of Transportation Hampton Roads Highway Construction District Office. Referring to the distributed handout, City Manager Cuffee-Glenn submitted a review of the resolution. Hearing no requests for removal of any items, Mayor Johnson advised that a motion was in order at this time to amend the agenda as outlined and adopt the remainder of the agenda as presented. Council Member Milteer, on a motion seconded by Council Member Gardy, moved to add the above referenced item to the Consent Agenda and adopt the remainder of 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 a grant from the Virginia Office of Emergency Medical Services Virginia Department of Health for the Suffolk Department of Fire and Rescue 2 City Council Regular Meeting March 19, 2014 Consent Agenda Item #8 - A resolution authorizing the City Manager to amend the Lake Speight Neighborhood Sewer Improvements Project Engineering Agreement Consent Agenda Item #9 - A resolution directing the City Manager to assist the Virginia Department of Transportation by providing administrative, procurement and financial support of the City and Virginia Department of Transportation joint efforts to identify alternative solutions to relocate the Virginia Department of Transportation Hampton Roads Highway Construction District Office (This item was added to the Consent Agenda under the Removal of Items from the Consent Agenda and Adoption of the Agenda.) Vice Mayor Brown called for a summary of Consent Agenda Item #7 - an ordinance to accept and appropriate a grant from the Virginia Office of Emergency Medical Services Virginia Department of Health for the Suffolk Department of Fire and Rescue. Council Member Milteer asked for information on Consent Agenda Item #8 - a resolution authorizing the City Manager to amend the Lake Speight Neighborhood Sewer Improvements Project Engineering Agreement. Referring to Consent Agenda Items #7 and #8, City Manager Cuffee-Glenn provided an overview of the background information as printed in the official agenda. Council Member Milteer, on a motion seconded by Council Member Gardy, 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 PUBLIC HEARINGS Public Hearing – An ordinance to rezone and amend the official zoning map of the City of Suffolk to allow the amendment of the approved proffered conditions associated with the development of the Bennetts Creek Square Traditional Neighborhood Development, located at 5550 Shoulder’s Hill Road, 311 Childress Street and 835 Bennett’s Meadows Lane, Zoning Map 12, Parcel 57 and Zoning Map 12V, Parcels TC and CIV; RZ13-13 (Conditional) 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. John Napolitano, 1492 South Independence Boulevard, Virginia Beach, Virginia, applicant, spoke in support of the proposed ordinance as presented. Hearing no additional speakers, the public hearing was closed. Council Member Fawcett, on a motion seconded by Vice Mayor Brown, moved to approve the ordinance, with conditions, as presented. Referring to the presentation, Council Member Duman queried about the size of the gazebo. Mr. Napolitano indicated that the gazebo would be between 10 to 15 by 10 to 15 feet. 3 City Council Regular Meeting March 19, 2014 Referring to the presentation, Council Member Duman sought information about any future recreational opportunities in the community. Mr. Napolitano explained that as more residents move into the neighborhood and the home owners association assumes responsibility for the area, more recreational opportunities will occur. Referring to the presentation, Council Member Duman asked if the recreational area was open to the public. Mr. Napolitano said that the recreational area is technically open to the public; however, the home owners association would need to grant permission to use the area. Council Member Fawcett, on a motion seconded by Vice Mayor Brown, moved to approve the ordinance, 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 TO ALLOW THE AMENDMENT OF THE APPROVED PROFFERED CONDITIONS ASSOCIATED WITH THE DEVELOPMENT OF THE BENNETTS CREEK SQUARE TRADITIONAL NEIGHBORHOOD DEVELOPMENT, LOCATED AT 5550 SHOULDERS HILL ROAD, 311 CHILDRESS STREET AND 835 BENNETTS MEADOWS LANE, ZONING MAP NUMBER 12, PARCEL 57 AND ZONING MAP NUMBER 12V, PARCELS TC AND CIV; RZ13-13 (CONDITIONAL) Public Hearing - An ordinance to grant a Conditional Use Permit to establish a Place of Worship, large, at least 6,000 square feet in the main sanctuary, located at 230 Meadow View Boulevard, Zoning Map 12V Parcel E – C32-13 Utilizing a PowerPoint presentation, Planning and Community Development Director Mills summarized the background information as printed in the official agenda. Dr. Bobby Hill, 1518 Edlerberry Road, applicant, spoke in support of the proposed ordinance as presented. Stuart Resor, no address given, representing self, spoke in support of the proposed ordinance as presented. Hearing no additional speakers, the public hearing was closed. Vice Mayor Brown, on a motion seconded by Council Member Duman, 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 4 City Council Regular Meeting March 19, 2014 AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO ESTABLISH A PLACE OF WORSHIP, LARGE, AT LEAST 6,000 SQUARE FEET IN MAIN SANCTUARY, LOCATED AT 230 MEADOW VIEW BOULEVARD, ZONING MAP 2V, PARCEL E – C32-13 Public Hearing – An ordinance to grant a Conditional Use Permit to establish a Guest Ranch on property located at 1548, 1552, and 1554 Cherry Grove Road North, Zoning Map 4, Parcels 2, 2*2*A and 2*2*B, C01-14 Utilizing a PowerPoint presentation, Planning and Community Development Director Mills gave a review of the background information as printed in the official agenda. Whitney Saunders, 705 West Washington Street, Saunders and Ojeda, representing Richard and Janet Goldbach, applicants and property owners, spoke in support of the proposed ordinance. He also submitted two additional conditions for consideration - all amplified sound and music played outside fully enclosed buildings shall stop by 10:00 p.m. and all equipment for amplified sound and music shall be located within a tent on the patio, which is on the northwest side of the farmhouse. Hearing no additional speakers, the public hearing was closed. Referring to the presentation, Council Member Gardy requested clarification about the two new aforementioned conditions in the proposed ordinance. Planning and Community Development Director Mill said that the two new conditions were not included in the proposed ordinance. Council Member Gardy, on a motion seconded by Council Member Parr, moved to approve the ordinance with conditions #1 through #6 as presented and amend the proposed ordinance to add the following two conditions: condition # 7 all amplified sound and music played outside fully enclosed buildings shall stop by 10:00 p.m. and condition #8 all equipment for amplified sound and music shall be located within a tent on the patio, which is on the northwest side of the farmhouse. Council Member Duman made a substitute motion to approve the ordinance with conditions #1 through #6 as presented, amended the proposed ordinance to add the following three conditions: condition #7 - all amplified sound and music played outside fully enclosed buildings shall stop by 10:00 p.m.; condition #8 - all equipment for amplified sound and music shall be located within a tent on the patio, which is on the northwest side of the farmhouse; and condition #9 - the owner of the guest ranch shall reside at 1548, 1552 or 1554 Cherry Grove Road North. The motion failed for lack of a second. Referring to the failed motion, Council Member Parr called for clarification about the legality of requiring the owner of the guest ranch to reside at 1548, 1552 or 1554 Cherry Grove Road North. City Attorney Holland explained that the conditional use permit runs with the property, even if ownership ever changes. She added that proposed condition #9 would be best addressed in the same manner that the City regulates bed and breakfasts. Referring to the failed motion, Council Member Duman asked whether new owners could apply to have the residency condition amended, should City Council approved the proposed ordinance with condition #9 as outlined above. City Attorney Holland stated that the residency condition would be a restriction on the sale of the property. Members of City Council opined about the proposed ordinance. 5 City Council Regular Meeting March 19, 2014 Referring to the failed motion, Mayor Johnson requested information about any properties with a similar condition requiring the owner to live on the parcel. Planning and Community Development Director Mills replied he is aware of a provision that requires owners to live on the property and generally applies to bed and breakfast facilities. Mayor Johnson asked if the owners of the property would prefer that City Council take action tonight or continue the item to a future meeting. Mr. Saunders advised that the owners would prefer City Council take action tonight. Council Member Gardy, on a motion seconded by Council Member Parr, moved to approve the ordinance with conditions #1 through #6 as presented and amend the proposed ordinance to add the following two conditions: condition # 7 - all amplified sound and music played outside fully enclosed buildings shall stop by 10:00 p.m. and condition #8 - all equipment for amplified sound and music shall be located within a tent on the patio, which is on the northwest side of the farmhouse., by the following vote: AYES: Council Members Duman, Fawcett, Gardy, Milteer, Parr, Ward, Brown and Johnson 8 NAYS: None 0 AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO ESTABLISH A GUEST RANCH ON PROPERTY LOCATED AT 1548, 1552 AND 1554 CHERRY GROVE NORTH, ZONING MAP NUMBER 4, PARCELS 2, 2*2*A, 2*2*B, C01-14 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 Work Session for April 2, 2014, at 4:00 p.m., unless cancelled Council Member Gardy, on motion seconded by Council Member Parr, moved to schedule a Work Session for April 2, 2014, 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 6 City Council Regular Meeting March 19, 2014 NON-AGENDA SPEAKERS Bonnie Wagner, 224 Thoreau Circle, Yorktown, Virginia, representing self, spoke in support of increases in teachers’ salaries. Chris Dove, 852 Colonel Meade Drive, representing self, opined about the Unified Development Ordinance. NEW BUSINESS Council Member Milteer, on a motion seconded by Council Member Parr, moved to direct City Manager Cuffee-Glenn to investigate the feasibility of changing the street name of Roundtree Crescent to Rountree Crescent and providing a report to City Council, 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: City employee Gerald Wiggins, Jr., Department of Public Works, who recently assisted in saving the life of a resident; Suffolk Fire Department Promotional and Awards Ceremony; New Line Supervisors Course Graduation; the ongoing West Washington Street and Saratoga Street Businesses Facebook contest; Sunrise Home Care Agency and Suffolk Animal Hospital Ribbon Cuttings; Suffolk Restaurant Week; Guided Nature Walk at the Great Dismal Swamp National Wildlife Refuge; Legends of Main Street: A Suffolk Ghost Walk; East Suffolk Recreation Center Community Yard Sale; and a public hearing on the Route 58/Holland Road Corridor Improvements Project. Council Member Fawcett advised that he attended the Suffolk Fire Department Promotional and Awards Ceremony and the American Red Cross Paint the Town Red Fundraiser. Council Member Ward announced that he attended the American Red Cross Paint the Town Red Fundraiser and an event hosted by the Suffolk Redevelopment and Housing Authority and the Virginia Wounded Warriors Program. Council Member Duman thanked City Assessor Jean Jackson for her recent reassessment report. Council Member Duman congratulated Mayor Johnson on her recent profile in “Inside Business”. Council Member Duman advised that he attended the American Red Cross Paint the Town Red Fundraiser. Council Member Milteer opined about the Affordable Healthcare Act. Council Member Milteer reported a drainage issue on the 2300 block of Hosier Road. 7 City Council Regular Meeting March 19, 2014 Council Member Parr expressed his appreciation to City Administration for their assistance with the West Washington Street closure. Council Member Parr thanked the Virginia Dental Association Mission of Mercy for the recent free dental clinic. Vice Mayor Brown reported that he attended the Suffolk Animal Hospital Ribbon Cutting and an event hosted by the Suffolk Redevelopment and Housing Authority and the Virginia Wounded Warriors Program. Vice Mayor Brown opined about a request from residents in the Wilson Pines area for a crosswalk on Portsmouth Boulevard and Suburban Drive. Vice Mayor Brown announced that he attended the American Red Cross Paint the Town Red Fundraiser. Mayor Johnson reported on a meeting with representatives from the Virginia Department of Transportation regarding Route 460. Mayor Johnson announced she attended the Sister Cities Young Artists and Authors Showcase. Mayor Johnson encouraged residents to participate in Restaurant Week. Mayor Johnson extended her congratulations to those who were recognized at the Suffolk Fire Department Promotional and Awards Ceremony. Mayor Johnson thanked the Virginia Dental Association Mission of Mercy for the recent free dental clinic. Council Member Parr, on a motion seconded by Vice Mayor Brown, 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 8:46 p.m. Teste: ________________________________________________ Erika S. Dawley, City Clerk Approved: ____________________________________________ Linda T. Johnson, Mayor APPROVED: APRIL 16, 2014 8