City Council Meeting Packets

City Council Regular Meeting November 19, 2014 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, November 19, 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 November 19, 2014, pursuant to Section 2.2-3712 of the Code of Virginia (1950), as amended. Council Member Parr, on a motion seconded by Council Member Milteer, 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 NOVEMBER 19, 2014, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting November 19, 2014 APPROVAL OF THE MINUTES Council Member Duman, on a motion seconded by Council Member Fawcett, moved to approve the minutes from the October 15, 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. 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 outlined. Council Member Parr, on a motion seconded by Council Member Gardy, 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 items: Consent Agenda Item #7 - An ordinance to accept and appropriate grant funds from Keep America Beautiful, Incorporated for the City of Suffolk’s Cigarette Litter Prevention and Education Program Consent Agenda Item #8 - A resolution of intent to join the Urban Construction Initiative Consent Agenda Item #9 - A resolution authorizing participation in the Virginia Department of Transportation Revenue Sharing Program for Fiscal Year 2016 2 City Council Regular Meeting November 19, 2014 Consent Agenda Item #10 - A resolution approving the creation, by the Suffolk Redevelopment and Housing Authority, of a non-profit charitable subsidiary entity Consent Agenda Item #11 - A resolution adopting the 2015 Legislative Agenda for the City of Suffolk Council Member Parr asked for a summary of Consent Agenda Items #9 through #11 - a resolution authorizing participation in the Virginia Department of Transportation Revenue Sharing Program for Fiscal Year 2016; a resolution approving the creation, by the Suffolk Redevelopment and Housing Authority, of a non-profit charitable subsidiary entity; and a resolution adopting the 2015 Legislative Agenda for the City of Suffolk. Referring to Consent Agenda Item #9, Public Works Director Eric Nielsen submitted an overview of the background information as printed in the official agenda. Referring to Consent Agenda Item #10, Howard Martin, attorney for the Suffolk Redevelopment and Housing Authority, gave summary of the background information as printed in the official agenda. Referring to Consent Agenda Item #10, Council Member Parr called for clarification of the funding source for the proposed non-profit charitable subsidiary entity. Mr. Martin said that the funds would come from private sources and grants. Referring to Consent Agenda Item #11, Rob Catron, Managing Partner, Alcalde and Fay, Virginia, LLC, the City’s legislative consultant, provided a synopsis of the background information as printed in the official agenda. Mayor Johnson called for a review of Consent Agenda Item #8 - a resolution of intent to join the Urban Construction Initiative. Referring to Consent Agenda Item #8, Public Works Director Nielsen provided a summation 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 granting a Conditional Use Permit to establish a funeral home and crematorium on property located along East Washington Street and Suburban Drive, Zoning Map 35, Parcel 142; C09-14 (This item was continued from the October 15, 2014, City Council meeting.) 3 City Council Regular Meeting November 19, 2014 Council Member Parr advised that he would disqualify himself from participating in any transaction related to Conditional Use Permit Request C09-14 as outlined in Section 2.2-3112(A)(1) 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. Conditional Use Permit Request C09-14 is for a Conditional Use Permit to establish a funeral home and crematorium. Council Member Parr further explained, as he operates a similar business in the City of Suffolk, he will disqualify himself to avoid any perception of impropriety. Utilizing a PowerPoint presentation, Planning and Community Development Director D. Scott Mills summarized the background information as printed in the official agenda. Brandon Randleman, 1006 Truman Road, representing self, spoke in support of the proposed ordinance. Whitney Saunders, 705 West Washington Street, representing Kenneth C. Alexander, applicant, spoke in support of the proposed ordinance. The following individuals spoke in opposition to the proposed ordinance: Patricia Knight, 115 Marshall Avenue, representing self. Demetrius Wells, 2616 Riddick Drive, representing self. Eddie Hicks, 117 Lake Kennedy Drive, representing self. Vice Mayor Brown, on a motion seconded by Council Member Fawcett, moved to extend the public hearing for the proponents and the opponents for 15 minutes each, by the following vote: AYES: Council Members Duman, Fawcett, Gardy, Milteer, Ward Brown and Johnson 7 NAYS: None 0 (Council Member Parr disqualified himself from this item as previously outlined above.) The following individuals spoke in opposition to the proposed ordinance: Harvey Whitney, 1116 Truman Avenue, representing self. Brenda Joyner, 225 Hunter Street, representing self. David Baker, 321 Fuller Street, representing self. Carl Upton, no address given, representing self. Whitney Saunders, 705 West Washington Street, representing Senator Kenneth C. Alexander, applicant, spoke in support of the proposed ordinance. Hearing no additional speakers, the public hearing was closed. 4 City Council Regular Meeting November 19, 2014 Vice Mayor Brown moved to deny the ordinance as presented. The motion failed for lack of a second. Referring to the presentation, Council Member Fawcett called for clarification about the applicant’s ability to amend the conditional use permit in the future. Planning and Community Development Director Mills explained that the applicant can seek changes to conditional use permit in the future, which would require approval from the Planning Commission and City Council. Referring to the presentation, Council Member Fawcett asked if the applicant sought input from the surrounding neighborhoods about the proposed funeral home, prior to the purchase of the property. Mr. Saunders reported that to his knowledge there were a number of meetings, and the applicant was advised not to attend those meetings. Referring to the presentation, Council Member Fawcett solicited information regarding any effort by the applicant to advise the surrounding neighborhoods about the proposed funeral home, prior to the purchase of the property. Mr. Saunders reported that he was not aware of such an effort. Vice Mayor Brown, on a motion seconded by Council Member Fawcett, moved to deny the ordinance. Referring to the presentation, Mayor Johnson requested information about the methodology of the traffic study referenced in the background information printed in the official agenda. Traffic Engineer Robert Lewis advised that the City hires a licensed outside engineering company to prepare traffic studies for land use applications, and then City staff reviews the information based on specific policies. He added that due to the nature of the proposed use of the parcel, staff had no concerns about traffic. Referring to the presentation, Mayor Johnson solicited clarification about any potential alternative activities or uses of the proposed funeral home other than funeral-related services. Mr. Saunders stated that the applicant only intends to use the facility for a funeral home and funeral-related services. Senator Alexander reiterated that information. Referring to the presentation, Mayor Johnson asked if the applicant would be willing to add a condition specifying that the proposed funeral home would be limited to a funeral home and funeral-related services. Mr. Saunders replied in the affirmative. Referring to the presentation, Council Member Gardy opined that the proposed ordinance only included a request to operate a funeral home. Planning and Community Development Director Mills explained that the proposed ordinance would only permit a funeral home, but an additional condition could be added to make it more explicit. Referring to the presentation, Council Member Duman asked if the applicant would be willing to add a condition specifying that the proposed funeral home would be limited to a funeral home and funeral- related services. Mr. Saunders replied in the affirmative. Referring to the presentation, Mayor Johnson called for clarification about the applicant’s ability to amend the conditional use permit in the future. Planning and Community Development Director Mills explained that the applicant can seek changes to the conditional use permit in the future, which would require approval from the Planning Commission and City Council. 5 City Council Regular Meeting November 19, 2014 Vice Mayor Brown, on a motion seconded by Council Member Fawcett, moved to deny the ordinance, as presented, by the following vote: AYES: Council Members Brown and Fawcett 2 NAYS: Council Members Duman, Gardy, Milteer, Ward and Johnson 5 (Council Member Parr disqualified himself from this item as previously outlined above.) Council Member Milteer, on a motion seconded by Council Member Ward, moved to approve the ordinance with conditions #1 through #8 as presented and the addition of condition# 9: the use of the facility authorized by the Conditional Use Permit shall be limited to a funeral home and funeral-related services, by the following vote: AYES: Council Members Duman, Gardy, Milteer, Ward and Johnson 5 NAYS: Council Members Brown and Fawcett 2 (Council Member Parr disqualified himself from this item as previously outlined above.) AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ESTABLISH A FUNERAL HOME AND CREMATORIUM ON PROPERTY LOCATED ALONG EAST WASHINGTON STREET AND SUBURBAN DRIVE, ZONING MAP 35, PARCEL 142; C09-14, AS AMENDED City Council recessed at 8:40 p.m. and reconvened at 8:51 p.m. 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 (Conditional) 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 (Conditional) (This item was continued from the September 17, 2014, City Council meeting.) Mayor Johnson advised that she would disqualify herself from participating in any transaction related to Rezoning Request RZ06-13 as outlined in Section 2.2-3112(A)(1) of the Code of Virginia which states that a member of a local governing body shall disqualify herself 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. The applicant for Rezoning Request RZ06-13 has received financing from Towne Bank, and although she will not receive any benefit as a result of City Council’s consideration of the Rezoning Request RZ06-13, she will not participate in any discussions or City Council action related to Rezoning Request RZ06-13 in order to avoid any perception of impropriety. Additionally, she no announced she longer serves on the Towne Bank Community Board. Utilizing a PowerPoint presentation, Planning and Community Development Director Mills gave a review of the background information as printed in the official agenda. James Bradford, 325 Volvo Parkway, Chesapeake, Virginia, agent, representing Bennett’s Creek Office Park LLC, spoke in support of the proposed ordinance. Allison Dodson, no address given, representing self, spoke in support of the proposed ordinance. 6 City Council Regular Meeting November 19, 2014 The following individuals spoke in opposition to the proposed ordinance: George Eberwine, no address given, representing self. Mary Carson, no address given, representing self. Earl Godwin, 5869 Bennett’s Creek Lane, representing self. Kittrel Eberwine IV, 3333 Bridge Road, representing self. Kittrel Eberwine III, 3333 Bridge Road, representing self. Sam Cohen, no address given, representing Bennett’s Creek Office Park, LLC, spoke in support of the proposed ordinance. CJ Upton, no address given, spoke in support of the proposed ordinance. James Bradford, 325 Volvo Parkway, Chesapeake, Virginia, agent, representing Bennett’s Creek Office Park, LLC, spoke in support of the proposed ordinance. Hearing no additional speakers, the public hearing was closed. Council Member Duman, on a motion seconded by Council Member Parr, moved to approve the proposed ordinance with conditions, as presented. Council Member Ward called for clarification about the possibility of multifamily housing on the parcel. Mr. Cohen explained that he would consider all options in order to market and develop the parcel. Referring to the presentation, Council Member Gardy asked for an explanation about the conditional use permit for the property as it relates to the proposed ordinance for Rezoning Request RZ06-13. City Attorney Holland explained that City Council tabled the proposed ordinance for Rezoning Request RZ06-13 and did not take any action on the accompanying conditional use permit. She added that if City Council wanted to take any action on the accompanying conditional use permit, the rezoning would have to be approved, and then a member of City Council could make a motion to consider the conditional use permit at a future meeting. Referring to the presentation, Council Member Fawcett reiterated the question about the conditional use permit for the property as it relates to the proposed ordinance for Rezoning Request RZ06-13. City Attorney Holland explained that City Council tabled the proposed ordinance for Rezoning Request RZ06-13 and did not take any action on the accompanying conditional use permit. She added that if City Council wanted to take any action on the accompanying conditional use permit, the rezoning would have to be approved, and then a member of City Council could make a motion to consider the conditional use permit at a future meeting. 7 City Council Regular Meeting November 19, 2014 Council Member Duman, 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, and Brown 6 NAYS: Council Member Ward 1 (Mayor Johnson disqualified herself from this item as previously outlined above.) 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 (CONDITIONAL) 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 (CONDITIONAL) Council Member Parr, on a motion seconded by Council Member Gardy, moved to consider Conditional Use Permit Request C20-13, at the December 17, 2014, City Council meeting. Referring to the motion, Council Member Fawcett indicated that he would prefer the item be considered at the January 21, 2015, City Council meeting. Council Member Parr, on a motion seconded by Council Member Gardy, moved to consider Conditional Use Permit Request C20-13, at the December 17, 2014, City Council meeting, by the following vote: AYES: Council Members Duman, Gardy, Milteer, Parr, Brown, and Ward 6 NAYS: Council Member Fawcett 1 (Mayor Johnson disqualified herself from this item as previously outlined above.) Public Hearing – An ordinance granting a Conditional Use Permit to establish an adult day care facility on property located at 813 West Washington Street, Zoning Map 34G16, Block 6, Parcel(s) D*5*6; C12-14 Mayor Johnson announced that Vice Mayor Brown was excused from the remainder of tonight’s meeting. Utilizing a PowerPoint presentation, Planning and Community Development Director Mills submitted a report on the background information as printed in the official agenda. Hearing no speakers, the public hearing was closed. Council Member Gardy, on motion seconded by Council Member Fawcett, moved to approve the ordinance, with conditions, by the following vote: AYES: Council Members Duman, Fawcett, Gardy, Milteer, Parr, Ward and Johnson 7 NAYS: None 0 (Vice Mayor Brown was excused.) 8 City Council Regular Meeting November 19, 2014 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ESTABLISH AN ADULT DAY CARE FACILITY ON PROPERTY LOCATED AT 813 WEST WASHINGTON STREET, ZONING MAP 34(G)16, BLOCK 6, PARCEL D*5*6, C12-14 Public Hearing – An ordinance granting a Conditional Use Permit to establish a school of dance on property located at 177 North Main Street, Zoning Map 34G18, Block A, Parcel 324; C14-14 Utilizing a PowerPoint presentation, Planning and Community Development Director Mills reported on background information as printed in the official agenda. The following individuals spoke in support of the proposed ordinance as presented: Amanda Short, 3048 Longstreet Lane, applicant, spoke in support of the proposed ordinance as presented. Victoria Robertson, 102 Winterview Drive representing self. Theresa Eike, 144 Collins Road, representing self. Hearing no additional speakers, the public hearing was closed. Council Member Parr, on a motion seconded 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 and Johnson 7 NAYS: None 0 (Vice Mayor Brown was excused.) ORDINANCES There were no items under this portion of the agenda. RESOLUTIONS There were no items under this portion of the agenda. STAFF REPORTS Staff Report – Refinancing Options for the Health and Human Services Building Utilizing a PowerPoint presentation, David Rose, Senior Vice President, Davenport and Company, the City’s financial advisors, submitted a synopsis of the above referenced item. Referring to the presentation, Council Member Duman asked about the timeline for this matter. Mr. Rose reported that this issue would be considered by City Council at the December 3, 2014, meeting, then by the Economic Development Authority of the City of Suffolk at the December 10, 2014, meeting, and close on December 19th. 9 City Council Regular Meeting November 19, 2014 MOTIONS Motion - A motion to schedule a Work Session for December 3, 2014, at 4:00 p.m., unless cancelled Council Member Gardy, on motion seconded by Council Member Fawcett, moved to schedule a Work Session for December 3, 2014, at 4:00 p.m., unless cancelled, by the following vote: AYES: Council Members Duman, Fawcett, Gardy, Milteer, Parr, Ward and Johnson 7 NAYS: None 0 (Vice Mayor Brown was excused.) NON-AGENDA SPEAKERS Arthur Elliott, 809 West Washington Street, was not present when called. Chris Dove, 852 Colonel Meade Drive, representing self, opined about governance. Kirk Pretlow, 200 North Main Street, representing self, opined about the sale of Bright Lane. NEW BUSINESS Mayor Johnson asked City Clerk Dawley if there were any New Business items for consideration. City Clerk Dawley advised that there were no items for addition to tonight’s agenda. Mayor Johnson asked City Attorney Holland about the issues raised about Bright Lane. City Attorney Holland gave background information on the matter. Council Member Fawcett, on a motion seconded by Council Member Parr, moved to direct City Attorney Holland to prepare a policy regarding potential City Council conflicts of interest as it relates to serving on any boards or agencies that receive City funding, by the following vote: AYES: Council Members Duman, Fawcett, Gardy, Milteer, Parr, Ward and Johnson 7 NAYS: None 0 (Vice Mayor Brown was excused.) ANNOUNCEMENTS AND COMMENTS Utilizing PowerPoint presentation, Media and Community Relations Manager Timothy Kelley reported on the following items: ribbon cuttings for Bennett’s Creek Veterinary Care, Jeff’s Sir Cakes-A-Lot, and City Hall; Blue Bell Creameries and Taste Unlimited expansions; Officer Heather Linville Suffolk Police Department 2014 Top Cop Winner; dates for reorganization at Morgan Memorial Library; Great Dismal Swamp Safari; Grand Illumination; the City‘s observance of Thanksgiving; and holiday safety tips. 10 City Council Regular Meeting November 19, 2014 Council Member Fawcett said he attended the following: dedication of Pioneer Elementary School; Habitat for Humanity event in Suffolk; Hampton Roads Chamber of Commerce Suffolk Division General Assembly Breakfast; Suffolk Sister Cities Annual Meeting; ribbon cutting for Bennett’s Creek Veterinary Care and Hampton Roads Chamber of Commerce Chief Executive Officers Breakfast. Council Member Fawcett opined about the expansion of Taste Unlimited and the service of the Suffolk Fire Department. Council Member Ward reported that he attended the dedication of Pioneer Elementary School and a meeting of the Harborview Home Owners Association. Council Member Gardy announced he attended the dedication of Pioneer Elementary School. Council Member Duman reported that he attended the following: dedication of Pioneer Elementary School; Hampton Roads Chamber of Commerce Suffolk Division General Assembly Breakfast; ribbon cutting for Jeff’s Sir Cakes-A-Lot; and the Public Safety Committee meeting. Council Member Milteer advised that he attended the dedication of Pioneer Elementary School. Council Member Milteer encourages residents to attend the Whaleyville Community Center dedication. Council Member Parr congratulated the Nansemond River High School Theatre Department on recent regional theatre awards. Mayor Johnson advised she attended the ribbon cutting for Bennett’s Creek Veterinary Care. Mayor Johnson opined about the expansion of Blue Bell Creameries and the new assisted living community in Harborview. Mayor Johnson advised that she attended an event honoring nurses at Bon Secours Harborview and the dedication of Pioneer Elementary. Mayor Johnson announced the following upcoming events: Hampton Roads Leadership Prayer Breakfast; meetings of the Hampton Roads Transportation Organization and Hampton Roads Transportation Accountability Commission; the City’s Legislative Dinner; the City Hall Ribbon Cutting; the City’s Grand Illumination; and the ribbon cutting for Kroger Marketplace. Mayor Johnson opined about an event at Regent University’s Executive Leadership Series. Council Member Parr, 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 (Vice Mayor Brown was excused.) 11 City Council Regular Meeting November 19, 2014 There being no further business to come before City Council, the regular meeting was adjourned at 10:59 p.m. Teste: ________________________________________________ Erika S. Dawley, City Clerk Approved: ____________________________________________ Linda T. Johnson, Mayor APPROVED: DECEMBER 17, 2014 12