City Council Meeting Packets

City Council Regular Meeting June 18, 2014 Regular Meeting of the Suffolk City Council was held in the City Council Chamber on Wednesday, June 18, 2014, at 7:00 p.m. PRESENT Council Members - Linda T. Johnson, Mayor 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 June 18, 2014, 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 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 JUNE 18, 2014, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting June 18, 2014 APPROVAL OF THE MINUTES Council Member Gardy, on a motion seconded by Council Member Fawcett, moved to approve the minutes from the May 21, 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 Consent Agenda items for separate action. Hearing no requests for removal of the item, Mayor Johnson advised that a motion was in order at this time to adopt the agenda as outlined. Council Member Duman, on a motion seconded by Council Member Parr, 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 amending Chapter 18 of the Code of the City of Suffolk to regulate businesses (precious metal dealers) Consent Agenda Item #8 - An ordinance amending Chapter 10 of the Code of the City of Suffolk to regulate animals Consent Agenda Item #9 - A resolution in support of a Memorandum of Agreement between the United States Coast Guard and the City of Suffolk 2 City Council Regular Meeting June 18, 2014 Consent Agenda Item #10 - Ordinances and resolution related to boards, commissions, authorities, committees and councils Council Member Duman called for a summary of Consent Agenda Item #8 - An ordinance amending Chapter 10 of the Code of the City of Suffolk to regulate animals. Council Member Parr requested an overview of Consent Agenda Item #7 - An ordinance amending Chapter 18 of the Code of the City of Suffolk to regulate businesses (precious metal dealers). Referring to Consent Agenda Items #7 and #8, Police Chief Thomas Bennett submitted a review of the background information as printed in the official agenda. Council Member Gardy, on a motion seconded by Council Member Parr, 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 change zoning from OI, Office-Institutional, to B-1, Neighborhood Commercial District for properties located at 3345 Bridge Road and 3345 Bridge Road, Units 900,904, 908, 912, 916, 920 & 924 and are further identified as zoning Map 12, Parcels 34C, 34C*9A, 34C*9B, 34C*9C, 34C*9D, 34C*9E,34C*9F and 34C*9G; RZ06-13 (This item was continued from the April 16, 2014, City Council meeting.) 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. The following individuals spoke in support of the proposed ordinance: Jim Bradford, 325 Volvo Parkway, Chesapeake, Virginia, agent, representing Bennett’s Creek Office Park, LLC, applicant. Sam Cohen, 4314 Tiki Way, Chesapeake, Virginia, applicant. John Iuliano, no address given, property owners. C.J. Upton, address inaudible, Chesapeake, Virginia. The following individuals spoke in opposition to the proposed ordinance: Kitrell Eberwine, 3333 Bridge Road, representing self. Earl Godwin, 5869 Bennett’s Creek Lane, representing self. Mary Carson, no address given, representing self. 3 City Council Regular Meeting June 18, 2014 Al McCotter, 3409 Bridge Road, representing self. Gary Burgess, 219 Charlemange Drive, representing self. George Eberwine, no address given, representing self. Whitney Saunders, 705 West Washington Street, representing self. Jim Bradford, 325 Volvo Parkway, Chesapeake, Virginia, agent, representing Bennett’s Creek Office Park, LLC, applicant, offered rebuttal. Sam Cohen, 4314 Tiki Way, Chesapeake, Virginia, applicant, offered rebuttal. Hearing no additional speakers, the public hearing was closed. Council Member Fawcett moved to deny the proposed ordinance. The motion failed for lack of a second. Referring to the presentation, Council Member Duman asked about the applicant’s ability to develop the property if the proposed ordinance regarding the rezoning was approved and the next item, Conditional Use Permit C20-13, was denied. Mr. Cohen advised rezoning the property from the existing classification would improve his ability to develop the property. Council Member Duman called for clarification about the applicant’s ability to reapply for a conditional use permit for the property, should the next item, Conditional Use Permit C20-13, be denied. City Attorney Holland explained in the aforementioned scenario, the applicant could reapply in one year, or a member of City Council could make a motion to reconsider the item at a future meeting. Council Member Duman queried about the process to bring an item that has been denied back before City Council. City Attorney Holland indicated that a motion would be required from an individual on the prevailing side, if a member of City Council wish to bring an item back for reconsideration. Council Member Duman moved to approve the proposed ordinance. The motion failed for lack of a second. Council Member Fawcett, on a motion seconded by Council Member Gardy, moved to deny to the proposed ordinance as presented. Council Member Ward called for clarification of the motion. Mayor Johnson restated the motion - Council Member Fawcett, on a motion seconded by Council Member Gardy, moved to deny to the proposed ordinance as presented. Vice Mayor Brown opined about any procedures in the City’s Unified Development Ordinance to insure that the City is making the best land use decisions. City Attorney Holland said that City Council has the right to make a motion at any time to examine the Unified Development Ordinance. 4 City Council Regular Meeting June 18, 2014 Vice Mayor Brown called for clarification of the motion. Mayor Johnson restated the motion - Council Member Fawcett, on a motion seconded by Council Member Gardy, moved to deny to the proposed ordinance as presented. Council Member Parr asked Mr. Saunders if he was representing anyone on this matter. Mr. Saunders stated he was representing the Eberwine family. Referring to the presentation, Council Member Parr sought an explanation from Mr. Saunders regarding the Eberwines’ opposition to the proposed ordinance. Mr. Saunders indicated the Eberwines are opposed to the proposed ordinance based on the background information provided in the official agenda, and the the proposed ordinance does not require any conditions. Referring to the presentation, Council Member Parr queried about the City’s current design standards to address Mr. Saunders’ concerns. Planning and Community Development Director Mills replied in the affirmative. Referring to the presentation, Council Member Gardy inquired about the applicant’s ability to apply for a conditional rezoning. Planning and Community Development Director Mills replied in the affirmative. Council Member Duman called for clarification about the applicant’s ability to reapply for a conditional use permit for the property, should the next item, the next item, Conditional Use Permit C20-13, be denied. City Attorney Holland explained that in that scenario, the applicant could reapply in one year. Mayor Johnson asked whether it was too late for the applicant to withdraw the proposed ordinance. City Attorney Holland said that it was too late, as the public hearing was already held. Mayor Johnson solicited an explanation about the number of days required before City Council could reconsider the proposed ordinance, should the motion to deny be approved. City Attorney Holland reported that the ordinance could be reconsidered in 60 days. Council Member Parr asked if it was permissible to make a substitute motion to approve the B-1, Neighborhood Commercial District zoning designation as requested in the proposed ordinance and then add conditions if the motion to deny fails. City Attorney Holland said that would not be feasible. Council Member Fawcett, on a motion seconded by Council Member Gardy, moved to deny the proposed ordinance as presented, by the following vote: AYES: Council Members Fawcett, Gardy, Ward and Johnson 4 NAYS: Council Member Brown, Duman, Milteer and Parr 4 Mayor Johnson asked if a motion was required to reconsider the proposed ordinance. City Attorney Holland advised that at the motion to deny the proposed ordinance failed, the next step would be an entirely new motion, not one to reconsider the ordinance. Referring to the presentation, Council Member Parr asked the applicant if the B-1, Neighborhood Commercial District zoning designation would enable him to move forward with the development of the parcel. Mr. Cohen replied in the affirmative. 5 City Council Regular Meeting June 18, 2014 Council Member Parr opined about the Eberwines’ amenability to the B-1 Neighborhood Commercial District zoning designation as long as the applicant does not develop multifamily units. Mr. Saunders indicated that he would need to speak to his clients. Council Member Parr, on a motion seconded by Council Member Gardy, moved for a 10 minute recess, by the following vote: AYES: Council Members Fawcett, Gardy, Milteer, Parr, Ward, Brown and Johnson 7 NAYS: Council Member Duman 1 City Council recessed at 8:30 p.m. and reconvened at 8:47 p.m. Council Member Duman, on a motion seconded by Council Member Milteer, moved to approve the proposed ordinance. Mr. Saunders said that his clients, the Eberwines, would be opposed to a multifamily project on the parcel and would support a motion to reconsider B-1 Neighborhood Commercial District zoning designation with the addition of conditions. Council Member Parr, on a substitute motion seconded by Vice Mayor Brown, moved to continue consideration of the proposed ordinance to allow the applicant to work with the Planning Department to explore the feasibility of amendments to the application, to refer the matter back to the Planning Commission for review. Referring the substitute motion, Council Member Parr asked about the timeline required in order to complete the amendments to the proposed ordinance and to have the amendments reviewed by the Planning Commission. Planning and Community Development Director Mills advised that process could take between 60 to 90 days. Referring to the substitute motion, Council Member Duman called for clarification for the applicant. Planning and Community Development Director Mills stated that the motion would continue consideration of the proposed ordinance to allow the applicant to work with the Planning Department to explore the feasibility of amendments to the application, to refer the matter back to the Planning Commission for review. Council Member Parr, on an amended substitute motion seconded by Vice Mayor Brown, moved to continue consideration of the proposed ordinance to allow the applicant to work with the Planning Department to explore the feasibility of amendments to the application, to refer the matter back to the Planning Commission for review and reconsider at the September 17, 2014, City Council meeting. Referring to the amended substitute motion, Council Member Duman sought an explanation regarding the impact on the next item on the agenda - Conditional Use Permit C20-13. City Attorney Holland advised that the proposed ordinance could be addressed tonight or at a later date as it has not been denied or withdrawn. 6 City Council Regular Meeting June 18, 2014 Council Member Parr, on an amended substitute motion seconded by Vice Mayor Brown, moved to continue consideration of the proposed ordinance to allow the applicant to work with the Planning Department to explore the feasibility of amendments to the application, to refer the matter back to the Planning Commission for review and reconsider at the September 17, 2014, City Council meeting, by the following vote: AYES: Council Members Duman, Gardy, Milteer, Parr, Ward, Brown and Johnson 7 NAYS: Council Member Fawcett 1 Public Hearing - An ordinance to grant a Conditional Use Permit to establish a 144 unit multi-family garden apartment complex located at 3345 Bridge Road and 3345 Bridge Road, Units 900, 904, 908, 912, 916, 920 & 924, Zoning Map 12, Parcels 34C, 34C*9A, 34C*9B, 34C*9C, 34C*9D, 34C*9E, 34C*9F and 34C*9G; C20-13 (This item was continued from the April 16, 2014, City Council meeting.) No action was taken on this item at this time as the previous item was deferred to the September 17, 2104, City Council meeting. 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 zoning district, to B-2, General Commercial zoning district, for properties located at 106 Grove Avenue and 1574 Holland Road, Zoning Map 33A, Parcel(s) M34, BT*35, and BT*36; RZ2-14 (Conditional) Utilizing a PowerPoint presentation, Planning and Community Development Director Mills gave a review of the background information as printed in the official agenda. Ricky Johnson, 620 West Liberty Springs Road, applicant, spoke in support of the proposed ordinance. Hearing no additional speakers, the public hearing was closed. Council Member Gardy, 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 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 B-2, GENERAL COMMERCIAL ZONING DISTRICT, FOR PROPERTY LOCATED AT 106 GROVE AVENUE AND 1574 HOLLAND ROAD, ZONING MAP 33A, PARCELS M34, BT*35, AND BT*36; RZ2-14 (CONDITIONAL) Public Hearing - An ordinance to grant a Conditional Use Permit to establish an automobile storage lot including a vehicle tow yard located at 3909 Nansemond Parkway, Zoning Map 19, Parcel 46*3; C07-14 7 City Council Regular Meeting June 18, 2014 Mayor Johnson advised that she would abstain from the discussion and action on Conditional Use Permit application C07-14 in accordance with Section 2.2-3115(E) of the Code of Virginia which states that a member of a local governing body shall disqualify himself from participation in a transaction if (i) the transaction has application solely to property or a business or governmental agency in which he has a personal interest. Council Member Fawcett advised that he would abstain from the discussion or action on Conditional Use Permit application C07-14 in accordance with Section 2.2-3115(E) of the Code of Virginia which states that a member of a local governing body shall disqualify himself from participation in a transaction if (i) the transaction has application solely to property or a business or governmental agency in which he has a personal interest. Utilizing a PowerPoint presentation, Planning and Community Development Director Mills offered a report on the background information as printed in the official agenda. Hearing no speakers, the public hearing was closed. Council Member Duman, on a motion seconded by Council Member Gardy, moved to approve the ordinance, with conditions, by the following vote: AYES: Council Members Duman, Gardy, Milteer, Parr, Ward and Brown 6 NAYS: None 0 ABSTAIN: Council Member Fawcett and Johnson 2 AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO ESTABLISH AN AUTOMOBILE STORAGE LOT INCLUDING A VEHICLE TOW YARD LOCATED ON PROPERTY LOCATED AT 3909 NANSEMOND PARKWAY, ZONING MAP 19, PARCEL 46*3; C07-14 Public Hearing - An ordinance to amend Chapter 31, Unified Development Ordinance of the Code of the City of Suffolk by amending Section 31-406, Use Regulations, Section 31-409, Incentive Zoning, Section 31-415, Chesapeake Bay Preservation Overlay District, Section 31-418, Wetlands Zoning, Section 31-508, Preliminary Plat, Section 31-611, Stormwater Runoff and Appendix A, Definitions – OA2-14 Utilizing a PowerPoint presentation, Planning and Community Development Director Mills submitted a summary of the background information as printed in the official agenda. Hearing no speakers, the public hearing was closed. Council Member Parr, on a motion seconded by Council Member Duman, moved to approve the ordinance, as presented. Council Member Milteer asked about new state legislation regarding Chesapeake Bay Preservation Areas and the documentation needed in-lieu of proof of septic tank pump-out. Planning and Community Development Director D. Scott Mills said the new law now requires documentation by a licensed or certified on-site sewage system operator or soil evaluator in lieu of proof of septic tank pump-out. 8 City Council Regular Meeting June 18, 2014 Council Member Milteer opined about the financial impact of the new state legislation regarding Chesapeake Bay Preservation Areas and the documentation needed in-lieu of proof of septic tank pump-out. Planning and Community Development Director Mills reported he was not aware of any such impact. Council Member Parr, on a motion seconded by Council Member Duman, 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 AMEND CHAPTER 31, UNIFIED DEVELOPMENT ORDINANCE OF THE CODE OF THE CITY OF SUFFOLK BY AMENDING SECTION 31-406, USE REGULATIONS, SECTION 31-409, INCENTIVE ZONING, SECTION 31-415, CHESAPEAKE BAY PRESERVATION OVERLAY DISTRICT, SECTION 31-418, WETLANDS ZONING, SECTION 31-508, PRELIMINARY PLAT, SECTION 31-611, STORMWATER RUNOFF AND APPENDIX A, DEFINITIONS – OA2-14 ORDINANCES Ordinance – An ordinance to amend Section 34-298, Uses on Wetlands Permitted, of the Code of the City of Suffolk, Virginia Utilizing a PowerPoint presentation, Planning and Community Development Director Mills gave a review of the background information as printed in the official agenda. Council Member Parr, on a motion seconded by Council Member Gardy, 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 AMEND SECTION 34-298, USES ON WETLANDS PERMITTED, OF THE CODE OF THE CITY OF SUFFOLK, VIRGINIA 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 July 2, 2014, at 4:00 p.m., unless cancelled 9 City Council Regular Meeting June 18, 2014 Council Member Parr, on motion seconded by Council Member Gardy, moved to schedule a Work Session for July 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 NON-AGENDA SPEAKERS There were no speakers under this portion of the agenda. NEW BUSINESS Mayor Johnson asked City Clerk Dawley if there were any New Business items for consideration. City Clerk Dawley presented the following item for consideration: Library Advisory Board – Nancy Creekmore, Ernestine Langston, Pam Hill, Sean Bilby, H. Lee Cross, IV, Sue Nichols, Barbara Banze and Judith Stone. Council Member Parr, on a motion seconded by Council Member Gardy, moved to nominate and appoint the aforementioned individuals, by the following vote: AYES: Council Members Duman, Fawcett, Gardy, Milteer, Parr, Ward, Brown and Johnson 8 NAYS: None 0 City Clerk Dawley presented the following items for consideration: Southeastern Virginia Alcohol Safety Action Program – Louvenia Milteer and Western Tidewater Water Authority – Council Member Jeff Gardy, Council Member Michael Duman, City Manager Selena Cuffee-Glenn and City Attorney Helivi Holland (alternate). Council Member Milteer, on a motion seconded by Council Member Gardy, moved to nominate and appoint the aforementioned individuals, by the following vote: AYES: Council Members Duman, Fawcett, Gardy, Milteer, Parr, Ward, Brown and Johnson 8 NAYS: None 0 Council Member Duman, on a motion seconded by Council Member Ward, moved to direct City Manager Cuffee-Glenn, through the Planning Department provide City Council with recommendations regarding amendments to the City Code, the City Unified Development Ordinance and City policy and procedure that addresses the following: the time periods for the resubmission of a rezoning and Conditional Use Permit application mirror each other, whether the application is withdrawn or denied; the time periods for a motion to reconsider a rezoning and Conditional Use Permit application mirror each other; and the specific procedures established for Conditional Use Permit that are contingent upon a specific rezoning where the denial or withdrawal of the rezoning makes it impossible to make any decisions on the Conditional Use Permit, by the following vote: 10 City Council Regular Meeting June 18, 2014 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: Finance Department’s reception of the Certification of Achievement for Excellence in Financial Reporting; recognition of Lipton Tea by the Virginia Economic Development Partnership; Meridian Harbour View ribbon cutting; the Logistic X Games; Lake Meade Dog Park Ribbon Cutting; Suffolk Humane Society adopt-a-thon; Legends of Main Street: A Suffolk Ghost Walk; National Night Out Community Kick-off Meeting; Paws to Read Summer Reading Program; Stars and Stripes Spectacular and precautions for extreme heat. Council Member Parr commended the Police Department, the Public Works Department and Suffolk Public Schools for their efforts in resolving an issue at Elephant’s Fork High School. Council Member Parr complimented the Parks and Recreation Department on the new Lake Meade Dog Park. Council Member Parr thanked Stanley’s Personal Touch for their support of a local neighborhood watch. Council Member Milteer requested a ditch cleaning at 1558 Great Fork Road. Council Member Duman opined about the Lake Meade Dog Park. Council Member Ward announced he attended the following: Southwestern Elementary School closing event; the funeral of the late Raymond Boone; the graduations of King’s Fork High School, Lakeland High School and Nansemond River High School; the Meridian Apartments ribbon cutting; an event at Harbourview Park; Father’s Day breakfast; and a meeting of the Huntersville Civic League. Council Member Fawcett advised that he attended the Meridian Apartments ribbon cutting. Council Member Fawcett thanked the Public Works Department for repairs on Kings Highway. Vice Mayor Brown congratulated graduates from Suffolk Public Schools. Mayor Johnson announced that the Department of the Navy will be expanding its presence in North Suffolk. Mayor Johnson reported that she attended the Meridian Apartment ribbon cutting. Mayor Johnson advised that the State will be adding funding to the Holland Road widening project, the Kenyon Road Connector and College Drive and Harbour View Boulevard intersection improvements. Council Member Duman stated he attended the funeral of former firefighter Billy Baker. 11 City Council Regular Meeting June 18, 2014 Council Member Parr, on a motion seconded by Council Member Gardy, 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 10:00 p.m. Teste: ________________________________________________ Erika S. Dawley, City Clerk Approved: ____________________________________________ Linda T. Johnson, Mayor APPROVED AS AMENDED: JULY 16, 2014 12