City Council Meeting Packets

City Council Regular Meeting December 17, 2014 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, December 17, 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. Selena Cuffee-Glenn, City Manager Helivi L. Holland, City Attorney Erika S. Dawley, City Clerk ABSENT Lue R. Ward, Jr. (excused) CALL TO ORDER/INVOCATION/PLEDGE OF ALLEGIANCE Mayor Johnson called the meeting to order and advised that Council Member Ward was excused. 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 December 17, 2014, pursuant to Section 2.2-3712 of the Code of Virginia (1950), as amended. Council Member Gardy, 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, Brown and Johnson 7 NAYS: None (Council Member Ward excused.) 0 A RESOLUTION OF CERTIFICATION OF THE CLOSED MEETING OF DECEMBER 17, 2014, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting December 17, 2014 APPROVAL OF THE MINUTES Council Member Gardy, on a motion seconded by Council Member Fawcett, moved to approve the minutes from the November 19, 2014, Work Session and Regular Meeting and the November 20, 2014, Special Meeting, as presented, by the following vote: AYES: Council Members Duman, Fawcett, Gardy, Milteer, Parr, Brown and Johnson 7 NAYS: None (Council Member Ward excused.) 0 SPECIAL PRESENTATIONS Special Presentation – Presentation of the Fiscal Year 2014 Comprehensive Annual Financial Report Finance Director Lenora Reid introduced Rob Churchman, Audit Partner, Cherry Bekeart LLP, the City’s independent auditors. Utilizing a PowerPoint presentation, Mr. Churchman submitted a summary of the above referenced item. Referring to the presentation, Council Member Gardy called for clarification of the overall audit results. Mr. Churchman stated that his firm’s opinion on the 2014 financial statements is unmodified or “clean” opinion. Referring to the presentation, Council Member Duman opined about the payroll and related liabilities. Referring to the presentation, Council Member Duman queried about the untimely completion of the Conflict of Interest forms. Mr. Churchman explained that this instance of noncompliance with Virginia Code is a result of failure to submit the Conflict of Interest forms to the City Clerk by the required deadline. Referring to the presentation, Council Member Duman opined about the future accounting and reporting change as it relates to pensions. Mr. Churchman advised that changes in government accounting requirements will require localities to report employee state pensions as a liability. 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 Fawcett, 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, Brown and Johnson 7 NAYS: None (Council Member Ward excused.) 0 2 City Council Regular Meeting December 17, 2014 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 funds from the Walmart Community Grant for the City of Suffolk’s Public Library Consent Agenda Item #8 - An ordinance to accept and appropriate funds from the Virginia Department of Fire Programs Fund for the Suffolk Department of Fire and Rescue Consent Agenda Item #9 - An ordinance to appropriate any unassigned General Fund balance remaining on June 30, 2014, not to exceed $1,200,000, to the Capital Fund Contingency Account for use in addressing future municipal facility needs Council Member Milteer asked for a summary of Consent Agenda Items #7 through #9 - an ordinance to accept and appropriate funds from the Walmart Community Grant for the City of Suffolk’s Public Library; an ordinance to accept and appropriate funds from the Virginia Department of Fire Programs Fund for the Suffolk Department of Fire and Rescue; and an ordinance to appropriate any unassigned General Fund balance remaining on June 30, 2014, not to exceed $1,200,000, to the Capital Fund Contingency Account for use in addressing future municipal facility needs. Referring to Consent Agenda Items #7 and # 8, City Manager Cuffee-Glenn gave a report on the background information as printed in the official agenda. Referring to Consent Agenda Item #9, Finance Director Reid submitted an overview of the background information as printed in the official agenda. Council Member Parr, on a motion seconded by Council Member Milteer, moved to approve the Consent Agenda, as presented, by the following vote: AYES: Council Members Duman, Fawcett, Gardy, Milteer, Parr, Brown and Johnson 7 NAYS: None (Council Member Ward excused.) 0 PUBLIC HEARINGS Public Hearing – An ordinance granting a Conditional Use Permit to establish a medical, counseling center (non-resident) treatment of drug abuse and/or alcohol on property located at 2401 Godwin Boulevard, Zoning Map 25A, Parcel SA*29*1*2; C16-14 Utilizing a PowerPoint presentation, Planning and Community Development Director D. Scott Mills summarized the background information as printed in the official agenda. John Delaney, no address given, applicant, spoke in support of the proposed ordinance. 3 City Council Regular Meeting December 17, 2014 Hearing no additional speakers, the public hearing was closed. Council Member Gardy, on a motion seconded by Council Member Gardy, moved to approve the ordinance, with conditions, as presented, by the following vote: AYES: Council Members Duman, Fawcett, Gardy, Milteer, Parr, Brown and Johnson 7 NAYS: None (Council Member Ward excused.) 0 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ESTABLISH A MEDICAL, COUNSELING CENTER (NON-RESIDENT) TREATMENT OF DRUG ABUSE AND/OR ALCOHOL ON PROPERTY LOCATED AT 2401 GODWIN BOULEVARD , ZONING MAP 25A, PARCEL SA*29*1*2; C16-14 Public Hearing – An ordinance granting a Conditional Use Permit to establish a surface mine (borrow pit) on property located at 1136 Audubon Road, Zoning Map 9, Parcel 4; C17-14 Utilizing a PowerPoint presentation, Planning and Community Development Director Mills provided a review of the background information as printed in the official agenda. Richard Turner, 100 Commerce Street, Smithfield, Virginia, 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 Parr, moved to approve the ordinance, with conditions. Referring to the presentation, Council Member Duman asked about the history of the existing borrow pit. Planning and Community Development Director Mills stated that the existing borrow pit was in operation for three or four years prior to its closure by its previous owners. He added that there were operational issues with the previous owners, but now the property is under new ownership. Referring to the presentation, Council Member Duman called for information about any possible traffic impact of the proposed borrow pit. Planning and Community Development Director Mills advised that there are no traffic impacts anticipated as a result of the proposed borrow pit. Referring to the presentation, Council Member Duman opined about condition two which would require the applicant to maintain and repair Audubon Road and Everets Road from damage caused by dump trucks for the section of roadway within 100 feet of either side of their entrance. Planning and Community Development Director Mills replied in the affirmative. Council Member Gardy, on a motion seconded by Council Member Parr, moved to approve the ordinance, with conditions, by the following vote: AYES: Council Members Duman, Fawcett, Gardy, Milteer, Parr, Brown and Johnson 7 NAYS: None (Council Member Ward excused.) 0 4 City Council Regular Meeting December 17, 2014 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ESTABLISH A SURFACE MINE (BORROW PIT) ON PROPERTY LOCATED AT 1136 AUDUBON ROAD, ZONING MAP 9, PARCEL 4; C17-14 Public Hearing – An ordinance granting a conditional use permit to establish an amusement/entertainment/recreation center (indoor) on property located at 1208 North Main Street, Zoning Map 35, Parcel 40E; C19-14 Utilizing a PowerPoint presentation, Planning and Community Development Director Mills offered a report on the background information as printed in the official agenda. Jeffrey Hunter, no address given, applicant, spoke in support of the proposed ordinance. Hearing no additional speakers, the public hearing was closed. Council Member Parr, on a motion seconded by Council Member Duman, moved to approve the ordinance, with conditions, by the following vote: AYES: Council Members Duman, Fawcett, Gardy, Milteer, Parr, Brown and Johnson 7 NAYS: None (Council Member Ward excused.) 0 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ESTABLISH AN AMUSEMENT/ENTERTAINMENT/RECREATION CENTER (INDOOR) ON PROPERTY LOCATED AT 1208 NORTH MAIN STREET, ZONING MAP 35, PARCEL 40E; C19-14 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 Mayor Johnson advised that she would disqualify herself from participating in any transaction related to Conditional Use Permit C20-13 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. She further stated that the applicant for Conditional Use Permit C20-13 has received financing from Towne Bank, and although she will not receive any benefit as a result of City Council’s consideration of the Conditional Use Permit C20-13, she will not participate in any discussions or City Council action related to Conditional Use Permit C20-13 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. The following individuals spoke in support of the proposed ordinance: James Bradford, 325 Volvo Parkway, Chesapeake, Virginia, agent, representing Bennett’s Creek Office Park LLC. 5 City Council Regular Meeting December 17, 2014 Joe Taylor, 1232 Blue Bird Drive, Virginia Beach, representing self. Allison Dodson, 3809 Portsmouth Boulevard, Chesapeake, Virginia, representing self. Sean Hess, 4446 Kendell Way, representing self. The following individuals spoke in opposition to the proposed ordinance: George Eberwine, no address given, representing self. Mary Carson, 9350 Rivershore Drive, representing self. Earl Godwin, 5869 Bennett’s Creek Lane, representing self. Gary Burgess, 219 Charlemagne Drive, representing self. Whitney Saunders, 705 West Washington Street, representing self. James Bradford, 325 Volvo Parkway, Chesapeake, Virginia, agent, representing Bennett’s Creek Office Park LLC, spoke in support of the proposed ordinance. Sam Cohen, no address given, applicant, representing Bennett’s Creek Office Park, LLC, spoke in support of the proposed ordinance. Hearing no additional speakers, the public hearing was closed. Referring to the presentation, Council Member Parr inquired about the installation of a traffic signal. Mr. Cohen replied that if the proposed ordinance is approved, a traffic signal will be installed. Referring to the presentation, Council Member Parr solicited information about the inclusion of open space in the proposed apartment complex. Mr. Cohen said that there will be open space in the complex. Council Member Parr moved to approve the ordinance with conditions. The motion failed for lack of a second. Referring to the presentation, Council Member Milteer called for an explanation about the applicant’s efforts to address the concerns of nearby property owners and residents. Mr. Cohen reported he met with adjacent property owners and is willing to meet with other residents. Referring to the presentation, Council Member Milteer asked about the applicant’s cash proffer for schools as it relates to the proposed apartment complex. Mr. Cohen indicated that he has offered a cash proffer of $3,000 per residential dwelling unit for capital improvements to impacted schools. Council Member Fawcett moved to deny the ordinance. The motion failed for lack of a second. Members of City Council opined about the proposed ordinance and the two previous failed motions. City Attorney Holland provided an overview of the two previous failed motions. 6 City Council Regular Meeting December 17, 2014 Council Member Parr, on a motion seconded by Council Member Milteer, moved to approve the proposed ordinance with conditions, as presented. AYES: Council Members Gardy, Milteer, Parr and Brown 4 NAYS: Council Member Duman and Fawcett 2 (Mayor Johnson disqualified herself from this item as previously outlined above, and Council Member Ward was excused.) 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 Public Hearing – An ordinance to amend Chapter 31, Unified Development Ordinance of the Code of the City of Suffolk by amending Article 3, Procedures, Sections 31-304, Zoning Amendments and Rezonings, 31-305, Conditional Rezonings, and 31-306, Conditional Use Permits – OA6-14 Utilizing a PowerPoint presentation, Planning and Community Development Director Mills submitted a report on the background information as printed in the official agenda. Whitney Saunders, 705 West Washington Street, representing self. 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. Referring to the presentation, Council Member Duman opined about the course of action an applicant could take in the event that their application for a conditional use permit was denied. Planning and Community Development Director Mills explained in the event a conditional use permit is denied, the applicant could submit new conditions or additional conditions. Council Member Gardy, on motion seconded by Council Member Duman, moved to approve the ordinance, by the following vote: AYES: Council Members Duman, Fawcett, Gardy, Milteer, Parr, Brown and Johnson 7 NAYS: None (Council Member Ward excused.) 0 AN ORDINANCE TO AMEND CHAPTER 31, UNIFIED DEVELOPMENT ORDINANCE OF THE CODE OF THE CITY OF SUFFOLK BY AMENDING ARTICLE 3, PROCEDURES, SECTIONS 31-304, ZONING AMENDMENTS AND REZONINGS, 31-305, CONDITIONAL REZONINGS, AND 31-306, CONDITIONAL USE PERMITS – OA6-14 ORDINANCES Ordinance – An ordinance to grant relief from the ten (10) year post conveyance holding period for a parcel of land created through a family transfer conveyance in accordance with Section 31-514 of the Unified Development Ordinance 7 City Council Regular Meeting December 17, 2014 Planning and Community Development Director Mills gave a summation of the background information as printed in the official agenda. Council Member Parr, on motion seconded by Council Member Duman, moved to approve the ordinance, by the following vote: AYES: Council Members Duman, Fawcett, Gardy, Milteer, Parr, Brown and Johnson 7 NAYS: None (Council Member Ward excused.) 0 AN ORDINANCE TO GRANT RELIEF FROM THE TEN (10) YEAR POST CONVEYANCE HOLDING PERIOD FOR A PARCEL OF LAND CREATED THROUGH A FAMILY TRANSFER CONVEYANCE IN ACCORDANCE WITH SECTION 31-514 OF THE UNIFIED DEVELOPMENT ORDINANCE 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 January 21, 2015, at 4:00 p.m., unless cancelled Council Member Parr, on motion seconded by Council Member Duman, moved to schedule a Work Session for January 21, 2015, at 4:00 p.m., unless cancelled, by the following vote: AYES: Council Members Duman, Fawcett, Gardy, Milteer, Parr, Brown and Johnson 7 NAYS: None (Council Member Ward excused.) 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 advised that there were no items for addition to tonight’s agenda. Council Member Parr called for City Manager Cuffee-Glenn to address a request from the Constitutional Officers regarding compensation for sick leave. Vice Mayor Brown queried about the cost for the reimbursement for sick leave for the Constitutional Officers. City Manager Cuffee-Glenn advised that at this time she could not address the issue of cost and she would need to research the entire matter further. 8 City Council Regular Meeting December 17, 2014 Council Member Fawcett, on a motion seconded by Council Member Parr, moved to direct City Manager Cuffee-Glenn to provide a staff report at the January 21, 2015, City Council meeting regarding the feasibility and cost of providing sick leave compensation to the Constitutional Officers, by the following vote: AYES: Council Members Duman, Fawcett, Gardy, Milteer, Parr, Brown and Johnson 7 NAYS: None (Council Member Ward excused.) 0 ANNOUNCEMENTS AND COMMENTS Utilizing PowerPoint presentation, Media and Community Relations Manager Timothy Kelley reported on the following items: ribbon cuttings for Uncork’d and Washington Square; the location of Pacorini to Suffolk; an award received by Roberto Ramos, Suffolk Parks and Recreation Department, from the Virginia Recreation and Parks Society; the 2014 Dreamer of the Year Award received from Habitat for Humanity of South Hampton Roads; an overview of the City’s holiday activities; the City’s Holiday Parade winners; the Toys for Tots Drive; Meet Santa at the Visitors Center; Suffolk Humane Society Adopt-a-thon; upcoming City Council Oath of Office Ceremony and Reorganizational Meeting; the City’s operating hours in observance of Christmas, New Year’s Day, Lee-Jackson Day and Martin Luther King, Jr. Day; holiday fire safety tips; the upcoming Whaleyville Community Center ribbon cutting; and upcoming open house hosted by Dominion regarding the Atlantic Coast Pipeline project. Mayor Johnson offered comments from Council Member Ward extending his appreciation to Council Members Gardy and Parr and Vice Mayor Brown. Council Member Fawcett advised he attended the following: Kroger Marketplace Grand Opening; First Team Subaru Groundbreaking; Habitat for Humanity of South Hampton Roads Luncheon; Uncork’d and Washington Square Ribbon Cuttings; City Employee Holiday Luncheon; City’s Holiday Party and City’s Holiday Parade. Council Member Fawcett acknowledged the following: Don Roberts, host of the City’s Holiday Parade; the Suffolk Police and Sherriff’s Departments for their toy drives; Economic Development Director Kevin Hughes; and residents who donated to the Suffolk Police and Sherriff’s Departments toy drives. Council Member Duman encouraged employees to contact the Human Resources Department with any questions about the cost of living adjustment. Council Member Duman reported that he participated in the following: First Team Subaru Groundbreaking; Uncork’d and Washington Square Ribbon Cuttings; Pet Pantry for the Suffolk Humane Society; area civic league meetings; City Employee Holiday Luncheon; Wreath Laying Ceremony at the Albert G. Horton, Jr. Memorial Veterans Cemetery; and City’s Holiday Parade. Council Member Duman encouraged residents to adopt pets from the Suffolk Animal Care Center. Council Member Duman extended his appreciation to Council Members Gardy and Parr and Vice Mayor Brown. Council Member Milteer advised that he attended the City Holiday Party and the City Holiday Parade. 9 City Council Regular Meeting December 17, 2014 Council Member Milteer extended his appreciation to Council Members Gardy and Parr and Vice Mayor Brown. Council Member Gardy thanked City administration and staff for their support during his time on City Council. Council Member Parr thanked City administration and staff for their support during his time on City Council. Vice Mayor Brown thanked City administration and staff for their support during his time on City Council. Mayor Johnson opined about the location of Pacorini to Suffolk. Mayor Johnson reported she attended the Wreath Laying Ceremony at the Albert G. Horton, Jr. Memorial Veterans Cemetery. Mayor Johnson extended her appreciation to Council Members Gardy and Parr and Vice Mayor Brown Council Member Gardy, on a motion seconded by Council Member Parr, moved to adjourn, by the following vote: AYES: Council Members Duman, Fawcett, Gardy, Milteer, Parr, Brown and Johnson 7 NAYS: None (Council Member Ward excused.) 0 There being no further business to come before City Council, the regular meeting was adjourned at 10:20 p.m. Teste: ________________________________________________ Erika S. Dawley, City Clerk Approved: ____________________________________________ Linda T. Johnson, Mayor APPROVED: JANUARY 21, 2015 10