City Council Meeting Packets

City Council Regular Meeting March 4, 2015 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, March 4, 2015, at 7:00 p.m. PRESENT Council Members - Linda T. Johnson, Mayor, presiding Leroy Bennett, Vice Mayor Michael D. Duman Roger W. Fawcett Donald Z. Goldberg Timothy J. Johnson Curtis R. Milteer, 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 the Pledge of Allegiance to the Flag. FREEDOM OF INFORMATION ACT CERTIFICATION City Clerk Dawley presented a resolution certifying the Closed Meeting of March 4, 2015, pursuant to Section 2.2-3712 of the Code of Virginia (1950), as amended. Council Member Duman, on a motion seconded by Council Member Milteer, moved that the resolution be approved, as presented, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 A RESOLUTION OF CERTIFICATION OF THE CLOSED MEETING OF MARCH 4, 2015, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting March 4, 2015 APPROVAL OF THE MINUTES Council Member Fawcett, on a motion seconded by Council Member Duman, moved to approve the minutes from the January 21, 2015, and February 4, 2015, Work Sessions and Regular Meetings, as presented, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 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 any of the 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 Vice Mayor Bennett, moved to adopt the agenda as presented, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 AGENDA SPEAKERS Chris Dove, 852 Colonel Meade Drive, representing self, opined about the Closed Meeting motion and certification. 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 Transportation for the Nansemond Parkway Phase II Improvements Project Consent Agenda Item #8 - An ordinance to accept and appropriate funds from the Commonwealth of Virginia Department of Aviation for the Suffolk Executive Airport Consent Agenda Item #9 - An ordinance to accept and appropriate funds from the Public Safety Answering Point Grant Program for the Suffolk Police Department Emergency Communication Center 2 City Council Regular Meeting March 4, 2015 Consent Agenda Item #10 - An ordinance to accept and appropriate funds from the Virginia Municipal League to the City of Suffolk Risk Management Consent Agenda Item #11 - A resolution requesting the Virginia Department of Transportation to make certain additions and deletions to the Urban Highway System Consent Agenda Item #12 - A resolution authorizing the City Manager to execute an agreement between the Commonwealth of Virginia Department of Transportation and the City of Suffolk for the State Urban Construction Initiative Program Council Member Milteer sought an explanation of Consent Agenda Items #8 through #12 – 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 Public Safety Answering Point Grant Program for the Suffolk Police Department Emergency Communication Center; an ordinance to accept and appropriate funds from the Virginia Municipal League to the City of Suffolk Risk Management; a resolution requesting the Virginia Department of Transportation to make certain additions and deletions to the Urban Highway System; and a resolution authorizing the City Manager to execute an agreement between the Commonwealth of Virginia Department of Transportation and the City of Suffolk for the State Urban Construction Initiative Program, respectively. Council Member Fawcett called for a summary of Consent Agenda Item #7 – an ordinance to accept and appropriate funds from the Virginia Department of Transportation for the Nansemond Parkway Phase II Improvements Project. Council Member Duman indicated that he had a question about Consent Agenda Item #11 - a resolution requesting the Virginia Department of Transportation to make certain additions and deletions to the Urban Highway System. Referring to Consent Agenda Item #7, Public Works Director Eric Nielsen gave an overview of the background information as printed in the official agenda. Referring to Consent Agenda Item #7, Council Member Fawcett asked if the project is being funded by a combination of previously allocated State funds and other local monies. Public Works Director Nielsen replied in the affirmative. Referring to Consent Agenda Item #7, Council Member Fawcett asked about the amount of funding. Public Work Director Nielsen estimated $11,000,000. Referring to Consent Agenda Items #8 through #10, City Manager Cuffee-Glenn submitted a review of the background information as printed in the official agenda. Referring to Consent Agenda Item #11, Public Works Director Nielsen offered a summation of the background information as printed in the official agenda. Referring to Consent Agenda Item #11, Council Member Duman queried about the frequency the City is permitted to submit a request to the Virginia Department of Transportation to make certain additions and deletions to the Urban Highway System. Public Works Director Nielsen stated that localities are permitted to submit these requests annually. 3 City Council Regular Meeting March 4, 2015 Referring to Consent Agenda Item #12, Public Works Director Nielsen outlined the background information as printed in the official agenda. Council Member Fawcett, on a motion seconded by Council Member Duman, moved to approve the Consent Agenda, as presented, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 PUBLIC HEARINGS Public Hearing – A resolution to adopt the Capital Improvements Plan for Fiscal Years 2015-2016 through 2024-2025 as amended Utilizing a PowerPoint presentation, Finance Director Lenora Reid submitted a summary of the background information as printed in the official agenda. Council Member Fawcett called for an increase in the proposed middle school from 600 to 800 pupils. Sean Bilby, 5252 Pruden Boulevard, representing self, spoke in support of funding the proposed new downtown library earlier than Fiscal Year 2018 as included in the proposed resolution. Chris Dove, 852 Colonel Meade Drive, representing self, opined about funding for Suffolk Public Schools. Melissa Venerable, 115 Turlington Circle, representing self, spoke in support of funding for Suffolk Public Schools. Hearing no additional speakers, the public hearing was closed. Council Member Duman, on a motion seconded by Council Member Fawcett, moved to approve the resolution, as presented, with the understanding that City Administration and Suffolk Public Schools will consider increasing the size of the proposed middle school from 600 to 800 pupils in the future, as included in the Capital Improvement Plan Fiscal Years 2015-2016 through 2024-2025. Members of City Council opined about the importance of communication between the City and the Suffolk Public School System. Council Member Duman, on a motion seconded by Council Member Fawcett, moved to approve the resolution, as presented, with the understanding that City Administration and Suffolk Public Schools will consider increasing the size of the proposed middle school from 600 to 800 pupils in the future, as included in the Capital Improvement Plan Fiscal Years 2015-2016 through 2024-2025, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 4 City Council Regular Meeting March 4, 2015 A RESOLUTION TO ADOPT THE CAPITAL IMPROVEMENTS PLAN FOR FISCAL YEARS 2015-2016 THROUGH 2024-2025 AS AMENDED Public Hearing – An ordinance to rezone and amend the official zoning map of the City of Suffolk to allow the amendment of approved proffered conditions associated with age restrictions and right-of-way dedication for the development of the Epps Senior Residences, for property located at 401 Kings Fork Road, Zoning Map 25, Parcel 18A, RZ08-14 (Conditional) Utilizing a PowerPoint presentation, Planning and Community Development Director Mills gave a review of the background information as printed in the official agenda. Gary Hammond, 1836 Withmere Way, Dunwoody, Georgia, Landbridge Development, LLC, applicant, representing Harmon Graham Properties, LLC, property owner, spoke in support of the proposed ordinance. Chris Dove, 852 Colonel Meade Drive, representing self, opined about age restricted communities. Hearing no additional speakers, the public hearing was closed. Council Member Milteer, on a motion seconded by Council Member Duman, moved to approve the ordinance, as presented, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 AN ORDINANCE TO REZONE AND AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SUFFOLK TO ALLOW THE AMENDMENT OF APPROVED PROFFERED CONDITIONS ASSOCIATED WITH AGE RESTRICTIONS AND RIGHT-OF-WAY DEDICATION FOR THE DEVELOPMENT OF THE EPPS SENIOR RESIDENCES, FOR PROPERTY LOCATED AT 401 KINGS FORK ROAD, ZONING MAP 25, PARCEL 18A, RZ08-14 (CONDITIONAL) Public Hearing - An ordinance to grant a Conditional Use Permit to establish a retirement village, on property located at 401 Kings Fork Road, Zoning Map 25, Parcel 18; C28-14 Utilizing a PowerPoint presentation, Planning and Community Development Director Mills offered a report on the background information as printed in the official agenda. Gary Hammond, 1836 Withmere Way, Dunwoody, Georgia, Landbridge Development, LLC, applicant, representing Harmon Graham Properties, LLC, property owner, spoke in support of the proposed ordinance. Chris Dove, 852 Colonel Meade Drive, representing self, spoke in support of the proposed ordinance. Hearing no additional speakers, the public hearing was closed. 5 City Council Regular Meeting March 4, 2015 Council Member Duman, on a motion seconded by Vice Mayor Bennett, moved to approve the ordinance, with conditions, as presented, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO ESTABLISH A RETIREMENT VILLAGE ON PROPERTY LOCATED AT 401 KINGS FORK ROAD, ZONING MAP 25, PARCEL 18A; C28-14 Public Hearing – An ordinance to grant a conditional use permit to establish outdoor operations and storage, manufacturing/processing, materials recovery facility and recycling plant, on property located to the south of Pughsville Road, and adjacent to the City of Chesapeake municipal boundary, Zoning Map 13, Parcel 37; C20-14 Utilizing a PowerPoint presentation, Planning and Community Development Director Mills provided an overview on the background information as printed in the official agenda. Thomas Kleine, no address given, Troutman Saunders, agent, representing Barrett Hardiman, Director of Governmental Affairs, Luck Stone Corporation, applicant, spoke in support of the proposed ordinance as presented. Chris Dove, 852 Colonel Meade Drive, representing self, opined about the proposed ordinance. Wayne White, 4216 Coltrane Avenue, representing the Pughsville Civic League, spoke in opposition to the proposed ordinance. Carolyn White, 4216 Coltrane Avenue, representing self, spoke in opposition to the proposed ordinance. Thomas Kleine, no address given, Troutman Saunders, agent, representing Barrett Hardiman, Director of Governmental Affairs, Luck Stone Corporation, applicant, spoke in support of the proposed ordinance as presented. Council Member Milteer asked about the feasibility of adding a condition to the proposed ordinance to address stormwater needs of the two homes near the parcel under consideration. Mr. Kleine advised that there is a significant separation between the parcel under consideration and the two homes. He added that the applicant will work with City staff to meet all stormwater regulations as a part of the site plan review process, which is one of the conditions included in the proposed ordinance. Council Member Milteer opined about the applicant’s willingness to work with the residents in the area of the parcel under consideration. Mr. Kleine reiterated that the applicant will comply with all stormwater regulations as required. Council Member Goldberg called for an explanation about the direction of the drainage for the parcel under consideration. Steve Rowe, no address given, Johnson, Mirmiran and Thompson, the applicant’s engineering firm, explained that the Suffolk portion of the parcel under consideration drains from the south and then over to the west. 6 City Council Regular Meeting March 4, 2015 Council Member Fawcett opined about the need to consider a 30 day continuance of the proposed ordinance due to concerns about the proximity of the two homes to the parcel under consideration and the possibility of noise and truck traffic in the area. Council Member Fawcett inquired about any efforts made by the applicant to discuss the project with residents in the area. Mr. Kleine said that the applicant would be glad to discuss the project with the residents in the area. Council Member Ward asked whether the applicant has seen the community and two homes in the area. Mr. Kleine indicated that he visited the parcel but not the two homes closest to the parcel under consideration. Council Member Ward queried about previous concerns of flooding in the area near the parcel under consideration. Public Works Director Nielsen explained the street under discussion has been a source of concern for residents in the area as it relates to flooding; however, it is not a publicly maintained street. Council Member Ward sought information about the possible impact of the proposed project on the current stormwater issues in the area. Public Works Director Nielsen clarified that he did not know if the proposed project would have any impact on the existing stormwater runoff in the area, however, the applicant would be required to comply with all stormwater management requirements during the site plan review process. Hearing no additional speakers, the public hearing was closed. Members of City Council opined about the proposed ordinance. Referring to the presentation, Council Member Duman proposed an amendment to condition two of the proposed ordinance – hours of operation for the concrete crushing and recycling facility will be limited to 9:00 a.m. to 5:00 p.m., Monday through Friday Referring to the presentation, Council Member Johnson requested information about applicant’s willingness to amend condition two regarding the hours of operation for the concrete crushing and recycling facility. Mr. Kleine replied that the applicant would be amenable to the amendment to condition two as previously outlined. Council Member Goldberg, on a motion seconded by Council Member Duman, moved to approve the ordinance, with conditions one, three, four, five, six, seven and eight as presented and an amendment to condition two as follows: “hours of operation for the concrete crushing and recycling facility will be limited to 9:00 a.m. to 5:00 p.m., Monday through Friday,” by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, and Milteer 7 NAYS: Council Member Ward 1 AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO ESTABLISH OUTDOOR OPERATIONS AND STORAGE, MANUFACTURING/PROCESSING, MATERIALS RECOVERY FACILITY AND RECYCLING PLANT ON PROPERTY LOCATED TO THE SOUTH OF PUGHSVILLE ROAD, AND ADJACENT TO THE CITY OF CHESAPEAKE MUNICIPAL BOUNDARY, ZONING MAP 13, PARCEL 37; C20-14, AS AMENDED 7 City Council Regular Meeting March 4, 2015 Public Hearing – An ordinance to grant a Conditional Use Permit to establish a vehicle rentals - passenger vehicles only, including recreational vehicles business (U-Haul) on property located at 6540 Hampton Roads Parkway, Zoning Map 6, Parcel 13A*3; C25-14 Utilizing a PowerPoint presentation, Planning and Community Development Director Mills gave a summation of the background information as printed in the official agenda. James Wright, no address given, applicant, spoke in support of the proposed ordinance. Hearing no additional speakers, the public hearing was closed. Council Member Ward, on a motion seconded by Vice Mayor Bennett, moved to approve the ordinance, with conditions, as presented. Referring to the presentation, Council Member Duman called for clarification about the types of vehicles that would be rented at the proposed business. Mr. Wright said that he would rent trucks and trailers. Planning and Community Development Director Mills added that under the City’s Unified Development Ordinance, there is some latitude for the Zoning Administrator to define the types of rental vehicles permitted at a vehicle rental facility, which would permit trucks and trailers. Council Member Ward, on a motion seconded by Vice Mayor Bennett, moved to approve the ordinance, with conditions, as presented, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO ESTABLISH A VEHICLE RENTALS – PASSENGER VEHICLE ONLY, INCLUDING RECREATIONAL VEHICLES BUSINESS (U-HAUL) ON PROPERTY LOCATED AT 6540 HAMPTON ROADS PARKWAY, ZONING MAP 6, PARCEL 13A*3; C25-14 Public Hearing – An ordinance to amend Chapter 31, Unified Development Ordinance of the Code of the City of Suffolk by amending Article 1, General Provisions, Section 31-104, Applicability, to address security fencing requirements for public utility establishments – OA1-15 Utilizing a PowerPoint presentation, Planning and Community Development Director Mills submitted a summary of the background information as printed in the official agenda. Jonathan Schultis, no address given, Dominion Virginia Power, spoke in support of the proposed ordinance. Hearing no additional speakers, the public hearing was closed. 8 City Council Regular Meeting March 4, 2015 Council Member Duman, on a motion seconded by Council Member Milteer, moved to approve the ordinance, as presented, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 AN ORDINANCE TO AMEND CHAPTER 31, UNIFIED DEVELOPMENT ORDINANCE OF THE CODE OF THE CITY OF SUFFOLK BY AMENDING ARTICLE 1, GENERAL PROVISIONS, SECTION 31-104, APPLICABILITY – OA1-15 Public Hearing – An ordinance to amend Chapter 31, Unified Development Ordinance of the Code of the City of Suffolk by amending Article 6, Design and Improvement Standards, Section 31-606, Parking and Loading Standards to amend the parking requirement for schools – OA2-15 Utilizing a PowerPoint presentation, Planning and Community Development Director Mills supplied an overview of the background information as printed in the official agenda. Hearing no speakers, the public hearing was closed. Council Member Fawcett, on a motion seconded by Council Member Goldberg, moved to approve the ordinance, as presented, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 AN ORDINANCE TO AMEND CHAPTER 31, UNIFIED DEVELOPMENT ORDINANCE OF THE CODE OF THE CITY OF SUFFOLK BY AMENDING ARTICLE 6, DESIGN AND IMPROVEMENT STANDARDS, SECTION 31-606, PARKING AND LOADING STANDARDS – OA2-15 City Council recessed at 8:52 p.m. and reconvened at 9:03 p.m. Public Hearing – A resolution to amend the Comprehensive Plan for 2026 and adopt Suffolk 2035: A Vision for the Future, City of Suffolk Comprehensive Plan Planning and Community Development Director Mills introduced C. Gregory Dale, Principal, McBride Dale Clarion, the City’s comprehensive plan consultant. Utilizing a PowerPoint presentation, Mr. Dale provided a report on the background information as printed in the official agenda. Tuck Bowie, 525 Independence Boulevard, Virginia Beach, Virginia, representing the Tidewater Builders Association, spoke in support of the proposed resolution. Carolyn White, 4216 Coltrane Avenue, representing self, called for infrastructural improvements in Pughsville. Chris Dove, 852 Colonel Meade Drive, representing self, offered comments about the proposed densities included in the proposed plan. 9 City Council Regular Meeting March 4, 2015 Melissa Venable, 115 Turlington Circle, representing self, spoke in support of the proposed resolution and opined about the recommended densities in the proposed plan. Hearing no additional speakers, the public hearing was closed. Referring to the presentation, Council Member Duman opined about the need to review the recommendations regarding the densities in the inner suburban use zoning district in the proposed plan. Referring to the presentation, Council Member Duman requested information about the zoning districts that allow multifamily development. Planning and Community Development Director Mills said that multifamily development is permitted in residential compact, residential urban and in mixed use development zoning districts. Referring to the presentation, Mayor Johnson called for an example of a residential urban zoning district. Planning and Community Development Director Mills reported that part of Foxfield Meadows, the Epps Senior Residences and a northern part of the Riverfront at Harbourview are all examples of this type of zoning. Referring to the presentation, Council Member Duman asked about staff’s comfort level with the number of zoning districts that permit multifamily development. Planning and Community Development Director Mills replied that staff is currently comfortable with the number of zoning districts that permit multifamily development. He added that staff could examine the inner suburban ring recommendations. Referring to the presentation, Council Member Duman queried about the feasibility of expanding the suburban use zoning district farther down Route 460. Planning and Community Development Director Mills said in 2006, the district was expanded in that area. He further explained since that time there has been very little expansion and concluded additional expansion would be premature at this time. Referring to the presentation, Council Member Goldberg opined about the need to consider the expansion of the suburban use district farther down Route 460. Referring to the presentation, Council Member Fawcett opined about the need to consider the expansion of the suburban use district farther down Route 460 and Shoulders Hill Road. Referring to the presentation, Council Member Johnson opined about the need to review the recommendations regarding densities in the proposed plan. Referring to the presentation, Vice Mayor Bennett opined about the need to review the recommendations regarding densities in the proposed plan. Referring to the presentation, Mayor Johnson opined about the need to review the inner suburban ring densities in the proposed plan. 10 City Council Regular Meeting March 4, 2015 Council Member Duman, on a motion seconded by Council Member Fawcett, moved to refer the proposed resolution back to staff to review the recommended densities included in the proposed plan and to consider the expansion of the suburban use district farther down Route 460 and Shoulders Hill Road, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 ORDINANCES Ordinance – An ordinance to accept and appropriate excess General Fund Expenses and/or excess General Funds Revenues and/or Debt Fund Balance received during Fiscal Years 2014-15 to the Western Tidewater Regional Jail Utilizing a PowerPoint presentation, Finance Director Reid offered a synopsis of the background information as printed in the official agenda. Referring to the presentation, Council Member Fawcett called for an explanation regarding the original funding request from the Western Tidewater Regional Jail for Fiscal Year 2014-2015 of $3,797,045 and the budgeted amount of $2,588, 491. Finance Director Reid advised that the City provided level funding and directed the Western Tidewater Regional Jail Board to explore cost savings to address the difference. Council Member Duman added that there were a variety of mitigating factors that led to the shortfall. Referring to the presentation, Council Member Fawcett asked about the possibly of a reoccurrence of this type of shortfall. Council Member Duman stated he was hopeful that this was a one-time occurrence; however, he could not guarantee this would not be an issue in the future. Referring to the presentation, Council Member Goldberg opined about the impact on future appropriations from the City’s reserve revenues in the event that City Council’s approves the proposed ordinance. Finance Director Reid said that funding for the proposed ordinance is coming from excess funds or reduction in expenses. Council Member Duman, on a motion seconded by Council Member Fawcett, moved to approve the ordinance, as presented, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 AN ORDINANCE TO ACCEPT AND APPROPRIATE EXCESS GENERAL FUND EXPENSES AND/OR EXCESS GENERAL FUNDS REVENUES AND/OR DEBT FUND BALANCE RECEIVED DURING FISCAL YEARS 2014-15 TO THE WESTERN TIDEWATER REGIONAL JAIL 11 City Council Regular Meeting March 4, 2015 RESOLUTIONS Resolution – A resolution in support of Epps Seniors, LP for the construction of 50 units of affordable housing for persons 55 years and older to be located at 401 King’s Fork Road Utilizing a PowerPoint presentation, Planning and Community Development Director Mills submitted a summary of the background information as printed in the official agenda. Council Member Fawcett, on a motion seconded by Vice Mayor Bennett, moved to approve the resolution, as presented: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 A RESOLUTION IN SUPPORT OF EPPS SENIORS, LP FOR THE CONSTRUCTION OF 50 UNITS OF AFFORDABLE HOUSING FOR PERSONS 55 YEARS AND OLDER TO BE LOCATED AT 401 KING’S FORK ROAD, CITY OF SUFFOLK, VIRGINIA STAFF REPORTS There were no items under this portion of the agenda. MOTIONS Motion – A motion to schedule a public hearing on March 18, 2015, to consider the adoption of an ordinance authorizing the acquisition of right of way and easements for the Route 58 Improvements Project Council Member Fawcett, on motion seconded by Vice Mayor Bennett, moved to schedule a public hearing on March 18, 2015, to consider the adoption of an ordinance authorizing the acquisition of right of way and easements for the Route 58 Improvements Project, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 Motion – A motion to schedule a public hearing on March 18, 2015, to consider the adoption of an ordinance authorizing the acquisition of right of way and easements for the Route 58/Manning Bridge Road Intersection Improvements Project (Project No. U000-133-R76) Council Member Milteer, on motion seconded by Vice Mayor Bennett, moved to schedule a public hearing on March 18, 2015, to consider the adoption of an ordinance authorizing the acquisition of right of way and easements for the Route 58/Manning Bridge Road Intersection Improvements Project (Project No. U000-133-R76), by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 12 City Council Regular Meeting March 4, 2015 Motion – A motion to schedule a Work Session for March 18, 2015, at 4:00 p.m., unless cancelled Council Member Duman, on motion seconded by Council Member Fawcett, moved to schedule a Work Session for March 18, 2015, at 4:00 p.m., by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 NON-AGENDA SPEAKERS David Bupp, 324 South Main Street, was not present when called. NEW BUSINESS City Clerk Dawley presented the following boards and commissions for City Council’s consideration: Economic Development Authority of the City of Suffolk (Suffolk Borough) - John Clifton Harrell, Jr. and Historic Landmarks Commission – Oliver Kermit Hobbs, Jr. to fill an expired term and Vivian Turner to fill an unexpired term. Council Member Duman, on a motion seconded by Council Member Goldberg, moved to appoint the above referenced individuals to the aforementioned bodies, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward. 8 NAYS: None 0 Council Member Duman, on a motion seconded by Council Member Ward, moved to direct City Attorney Holland to draft an ordinance amending Section 2-39 Code of Ethics of the Suffolk City Code by adding item (h) with the following language – “the members of the City Council may not vote on matters involving the consideration of their own official conduct, where their financial interests are involved, or where the council member feels there may be an appearance of impropriety,” by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, T. Johnson, Milteer and Ward. 7 NAYS: Council Member Goldberg 1 Council Member Johnson, on a motion seconded by Vice Mayor Bennett, moved to initiate amendments to the Unified Development Ordinance to address the allowance of backyard chickens in residential zoning districts and to forward those amendments to the Planning Commission’s Ordinance Committee for review and recommendations. Referring to the motion, Council Member Ward called for an explanation of the motion. Council Member Johnson explained that some citizens of residential areas would like to keep chickens in their backyards. 13 City Council Regular Meeting March 4, 2015 Referring to the motion, Council Member Ward opined about the feasibility of permitting backyard chickens citywide. Council Member Johnson indicated that he is seeking amendments to the Unified Development Ordinance to allow backyard chickens citywide in residential areas with specific restrictions. Referring to the motion, Council Member Ward sought additional information about the purpose of the motion. Council Member Johnson reiterated that the proposed motion would initiate amendments to the Unified Development Ordinance to address the allowance of backyard chickens in residential zoning districts and to forward those amendments to the Planning Commission’s Ordinance Committee for review and recommendations. Referring to the motion, Mayor Johnson asked if the motion was requesting a study or an amendment to the Unified Development Ordinance. Council Member Johnson called on Planning and Community Development Director Mills to clarify the motion. Planning and Community Development Director Mills stated that the proposed motion would initiate amendments to the Unified Development Ordinance to address the allowance of backyard chickens in residential zoning districts and to forward those amendments to the Planning Commission’s Ordinance Committee for review and recommendations. Referring to the motion, Mayor Johnson queried about any previous action on the issue of backyard chickens in residential zoning districts. Planning and Community Development Director Mills said that a citizen has previously addressed City Council about the matter; however, no action was taken. Referring to the motion, Mayor Johnson opined about the possible impact on the deed restrictions of homeowners associations, should the City permit backyard chickens in residential areas. Planning and Community Development Director Mills reported that should the City approve the change to the Unified Development Ordinance to permit backyard chickens in residential zoning districts, it would be a City zoning matter only and would not override the deed restrictions of home owners associations. Referring to the motion, Council Member Johnson advised that he would be willing to amend the motion to request staff research the matter of allowing backyard chickens in residential zoning districts and make recommendations. Referring to the motion, Council Member Milteer inquired about the current regulations in the Unified Development Ordinance regarding backyard chickens in residential zoning districts. Planning and Community Development Director Mills replied that to the best of his knowledge, backyard chickens are currently permitted in the agricultural, rural residential and rural estate zoning districts. Council Member Johnson, on an amended motion seconded by Council Member Duman, moved to direct staff to research the matter of allowing backyard chickens in residential zoning districts and make recommendations, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 14 City Council Regular Meeting March 4, 2015 ANNOUNCEMENTS AND COMMENTS Utilizing PowerPoint presentation, Media and Community Relations Manager Timothy Kelley reported on the following: City Manager Cuffee-Glenn receipt of the Soaring Eagle Award from the Nansemond- Suffolk Branch of the NAACP; Deputy City Clerk Tracey Sanford’s receipt of the Certified Municipal Clerk designation from the International Institute of Municipal Clerks; the Suffolk Kindergarten Kickoff video series sponsored by the Early Childhood Development Commission and Suffolk Public Schools; the Fourth Annual Increase the Peace Fashion Show; daylights savings time; an open house meeting regarding the Atlantic Coast Pipeline; the upcoming Suffolk Restaurant Week; the upcoming Suffolk Humane Society adopt-a-thon; the observance of Fix a Leak Week sponsored by the Public Utilities Department; the upcoming American Diabetes Association Tour de Cure; various programs at Suffolk Public Library; the current open air fire ban; the City’s severe weather webpage; the Public Works Department’s webpage to report roadway maintenance concerns; and an overview of the recent winter storm. Mayor Johnson acknowledged Council Member Ward’s receipt of the Trailblazers in Black Media from the Nansemond-Suffolk Chapter of the NAACP. Council Member Goldberg requested an explanation about a memo that advised City employees that they were prohibited from speaking to members of City Council. City Manager Cuffee-Glenn reported that there was no memo of this nature. She added that Fire Chief Cedric Scott sent employees an email reminding them of the Code of Ethics as outlined in the City Code. Council Member Goldberg thanked all of the City employees who assisted during the recent winter storms. Council Member Ward reported that there are potholes on College Drive Council Member Ward advised that he attended the Suffolk Education Foundation Gala. Council Member Ward congratulated City Manager Cuffee-Glenn on the Soaring Eagle Award and acknowledged his receipt of the Trailblazers in Black Media award from the Nansemond-Suffolk Branch of the NAACP. Council Member Duman thanked all of the City employees who assisted during the recent winter storms. Council Member Duman advised that he attended the Suffolk Humane Society Paws for the Arts Fundraiser and the Suffolk Sister Cities Commission Pre Concert Reception featuring students from Suffolk and the Bury St. Edmunds County Upper School Swing Band. Council Member Duman congratulated Council Member Ward and City Manager Cuffee-Glenn on their respective awards from the Nansemond-Suffolk Branch of the NAACP. Council Member Duman advised that he attended the Suffolk Education Foundation Gala. Council Member Johnson reported that he attended the 240th anniversary of South Quay Baptist Church. 15 City Council Regular Meeting March 4, 2015 Council Member Milteer advised he attended the Nansemond-Suffolk Branch of the NAACP Freedom Fund Prayer Breakfast and congratulated City Manager Cuffee-Glenn on her award from the organization. Council Member Milteer reported that he has been contacted by residents on South Quay Road and Arthur Drive about concerns about road paving, and he would like an update on the status of the repairs in the area. Council Member Fawcett congratulated Deputy City Clerk Tracey Sanford on the Certified Municipal Clerk designation from the International Institute of Municipal Clerks. Council Member Fawcett thanked all of the City employees who assisted during the recent winter storms. Council Member Fawcett reported potholes on Route 17 and Shoulders Hill Road. Council Member Fawcett advised that he attend the followings events: Suffolk Sister Cities Commission Concert featuring students from Suffolk and the Bury St. Edmunds County Upper School Swing Band; the Nansemond-Suffolk Branch of the NAACP Freedom Fund Prayer Breakfast; and congratulated Council Member Ward and City Manager Cuffee-Glenn on their respective awards from the Nansemond-Suffolk Branch of the NAACP, Council Member Fawcett opined on the Mission of Mercy Dental Clinic and a concert at the Suffolk Center for Cultural Arts. Vice Mayor Bennett reported he attended the following: the Nansemond-Suffolk Branch of the NAACP Freedom Fund Prayer Breakfast and congratulated Council Member Ward and City Manager Cuffee- Glenn on their respective awards from the Nansemond-Suffolk Branch of the NAACP. Vice Mayor Bennett said he attended a joint service of the Zion Christian Church and Somerton Friends Meeting House and Suffolk Education Foundation Gala. Vice Mayor Bennett stated he has been contacted by a resident about trucks speeding on East Washington Street. Vice Mayor Bennett advised he attended the Suffolk Kindergarten Kickoff video series sponsored by the Early Childhood Development Commission and Suffolk Public Schools. Vice Mayor Bennett thanked the Public Works, the Public Utilities, Suffolk Fire and Suffolk Police departments during the recent winter storm. Vice Mayor Bennett announced the upcoming Annual Sickle Cell Banquet Awards at Tabernacle Baptist Church. Vice Mayor Bennett thanked staff for addressing citizens’ concerns in Lake Kennedy, East Suffolk Gardens and Nansemond Parkway. Mayor Johnson expressed her appreciation to the Public Works Department, Suffolk Fire Department and Suffolk Police Department for the assistance during the recent winter storm. 16 City Council Regular Meeting March 4, 2015 Mayor Johnson congratulated City Manager Cuffee-Glenn on receiving an award from the Nansemond-Suffolk Branch of the NAACP. Mayor Johnson reported that she attended the following: Suffolk Sister Cities Commission Concert featuring students from Suffolk and the Bury St. Edmunds County Upper School Swing Band; the Suffolk Education Foundation Gala; and the Nansemond-Suffolk Branch of the NAACP Freedom Fund Prayer Breakfast. Mayor Johnson acknowledged Dr. Ralph Howell, the members of the Virginia Dental Association and the Western Tidewater Free Clinic for the Mission of Mercy Dental Clinic. Mayor Johnson announced Regent University’s upcoming 2015 South Hampton Roads Mayors Forum and the investiture ceremony for Judge Arthur Kelsey onto the Virginia Supreme Court. Council Member Duman, on a motion seconded by Council Member Fawcett, moved to adjourn, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 There being no further business to come before City Council, the regular meeting was adjourned at 11:13 p.m. Teste: ________________________________________________ Erika S. Dawley, MMC, City Clerk Approved: ____________________________________________ Linda T. Johnson, Mayor APPROVED: MARCH 18, 2015 17