City Council Meeting Packets

City Council Regular Meeting February 17, 2016 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, February 17, 2016, 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. Patrick G. Roberts, 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 Boy Scout Troop 73 led the Pledge of Allegiance to the Flag. FREEDOM OF INFORMATION ACT CERTIFICATION City Clerk Dawley presented a resolution certifying the Closed Meeting of February 17, 2016, 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 to approve the resolution, 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 FEBRUARY 17, 2016, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting February 17, 2016 APPROVAL OF THE MINUTES Council Member Fawcett, on a motion seconded by Vice Mayor Bennett, moved to approve the minutes from the January 20, 2016, Work Session and Regular Meeting, 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 announced that as there are no Consent Agenda items, a motion is in order to adopt the agenda as presented. Council Member Duman, on a motion seconded by Council Member Fawcett, 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 There were no speakers under this portion of the agenda. CONSENT AGENDA There were no items under this portion of the agenda. PUBLIC HEARINGS Public Hearing – An ordinance authorizing the execution of a lease agreement for Box Hangar #7 for a tenant at the Suffolk Executive Airport Utilizing a PowerPoint presentation, Economic Development Director Kevin Hughes gave a review of the background information as printed in the official agenda. Michael Manthey, 2224 Kindling Hollow Road, representing self, spoke in support of the proposed ordinance. Hearing no additional speakers, the public hearing was closed. 2 City Council Regular Meeting February 17, 2016 Council Member Fawcett, 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 AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT FOR BOX HANGAR #7 FOR A TENANT AT THE SUFFOLK EXECUTIVE AIRPORT Public Hearing – A resolution to adopt the Capital Improvements Plan for Fiscal Years 2016-2017 through 2025-2026 Utilizing a PowerPoint presentation, Finance Director Tealan Hansen provided a summation of the background information as printed in the official agenda. Andrew Damiani, 140 West Washington Street, representing self, spoke in support of funding for a new library downtown. Leroy Schmidt, 5140 North Harbour Road, representing self, called for information about the process used to prioritize infrastructural and utility improvements in older communities. Deran Whitney, 304 Crown Arch, Superintendent, Suffolk Public Schools, spoke in support of the proposed ordinance. Hearing no additional speakers, the public hearing was closed. Council Member Milteer sought information about the process used to prioritize infrastructural and utility improvements in villages. City Manager Roberts said $250,000 is recommended for year one of the proposed plan and $1,250,000 is recommended for year two in the proposed plan for village and neighborhood improvements. He concluded that the balance of the Utility Fund debt makes taking on new sewer projects cost prohibitive. Council Member Goldberg opined about future infrastructural improvements in older communities. City Manager Roberts advised that there is some funding in the current year to finish some improvements, and there are other improvements under consideration for recommendation. Referring to the presentation, Council Member Duman asked about the previously allocated funding for the Route 58/Godwin Boulevard off ramp. Finance Director Hansen stated that $1,000,000 has been previously allocated for this project. Referring to the presentation, Council Member Duman opined about exclusion of the $1,000,000 for the Route 58/Godwin Boulevard off ramp from the proposed Capital Improvements Plan. Finance Director Hansen explained that in the draft document $80,000 is needed to finish the project next year, but the plan will reflect all previously identified funding in its final version. Referring to the presentation, Vice Mayor Bennett called for clarification about the funding for Nansemond Parkway/Wilroy Road improvements. Public Works Director Eric Nielsen advised that the proposed plan includes $800,000, and another $1,800,000 has been allocated for this project. 3 City Council Regular Meeting February 17, 2016 Referring to the presentation, Vice Mayor Bennett queried about the timeline for the Nansemond Parkway/Wilroy Road project. Public Works Director Nielsen said that the construction should start this summer or autumn. Council Member Goldberg opined about the issues raised by Mr. Schmidt. City Manager Roberts reiterated that at the current time the City is not seeking new petitions for the extension of utilities services. Referring to the presentation, Council Member Fawcett opined about the original length of the Nansemond Parkway/Wilroy Road turn lane. Public Works Director Nielsen stated that the original turn lane was proposed to be 300 feet, but now it will be 600 feet. Council Member Goldberg, on a motion seconded by Council Member Fawcett, moved to approve the resolution, 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 TO ADOPT THE CAPITAL IMPROVEMENTS PLAN FOR FISCAL YEARS 2016-2017 THROUGH 2025-2026 Public Hearing – An ordinance to rezone and amend the official zoning map of the City of Suffolk, to change the zoning from M-1, Light Industrial zoning district to RLM, Residential Low Medium Density zoning district, for property located on Nansemond Parkway, Zoning Map 20, Parcel(s) 6; RZ07-15 Utilizing a PowerPoint presentation, Acting Planning and Community Development Director Robert Goumas supplied a summary of the background information as printed in the official agenda. Deran Whitney, 304 Crown Arch, Superintendent, Suffolk Public Schools, and Duane Harvor, Chief Executive Officer, RRMM Architects, spoke in support of the proposed ordinance, as presented. Andrew Damiani, 140 West Washington Street, representing self, opined about the proposed ordinance. Christopher Dove, 852 Colonel Meade Drive, representing self, opined about the proposed ordinance. Hearing no additional speakers, the public hearing was closed. Council Member Duman, on a motion seconded by Council Member Fawcett, moved to approve the ordinance, as presented. Vice Mayor Bennett queried about the inclusion of a join use recreation facility in the proposed school. City Manager Roberts replied that there will not be a joint use facility in the proposed new elementary or middle schools. 4 City Council Regular Meeting February 17, 2016 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 REZONE AND AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SUFFOLK, TO CHANGE THE ZONING FROM M-1, LIGHT INDUSTRIAL ZONING DISTRICT TO RLM, RESIDENTIAL LOW MEDIUM DENSITY ZONING DISTRICT, FOR PROPERTY LOCATED ON NANSEMOND PARKWAY, ZONING MAP 20, PARCEL(S) 6; RZ07-15 Public Hearing – An ordinance to grant a Conditional Use Permit to establish an accessory dwelling unit on property located at 4304 Carolina Road, Zoning Map 66, Parcel(s) 36; C19-15 Utilizing a PowerPoint presentation, Acting Planning and Community Development Director Goumas offered a report on the background information as printed in the official agenda. Aaron B. Jackson, Jr., 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 Council Member Milteer, moved to approve the ordinance, as presented, with conditions. Referring to the presentation, Council Member Duman asked about the applicant’s ability to reside in the proposed accessory dwelling and rent the primary dwelling, once the renovations of the primary dwelling are complete. Acting Planning and Community Development Director Goumas replied that the proposed ordinance prohibits the rental of the accessory dwelling to the general public. Referring to the presentation, Council Member Duman called for an explanation about the future of the accessory dwelling in the event the parcel is ever sold. Acting Planning and Community Development Director Goumas advised that the conditional use permit runs with the parcel in the event the property is sold. Council Member Duman opined about possibly prohibiting the rental of accessory dwellings and primary residences to the general public in future applications. Mayor Johnson asked about any City regulations that would prohibit a property owner from renting their primary residence in the event they have an accessory dwelling on their parcel. Acting Planning and Community Development Director Goumas said there are no regulations of that nature. Referring to the presentation, Council Member Fawcett inquired if the proposed accessory dwelling would be attached to the primary dwelling. Acting Planning and Community Development Director Goumas stated that the proposed accessory dwelling would not be attached to the primary dwelling but would use the same septic system. 5 City Council Regular Meeting February 17, 2016 Council Member Ward, on a motion seconded by Council Member Milteer, moved to approve the ordinance, as presented, with conditions, 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 AN ACCESSORY DWELLING UNIT ON PROPERTY LOCATED AT 4304 CAROLINA ROAD, ZONING MAP 66, PARCEL 36; C19-15 Public Hearing – An ordinance to amend Chapter 31, Unified Development Ordinance of the Code of the City of Suffolk, Article 4, Zoning, Sections 31-402, Establishment of Zoning Districts, 31-403, Relation of Zoning Districts to Comprehensive Plan and Purpose Statements, 31-406, Use Regulations, 31-407, Dimensional and Density Regulations, and 31-408, Specific Base Zoning District Criteria; and Article 6, Design and Improvement Standards, Section 31-607, Parks and Open Space; OA01-16 Utilizing a PowerPoint presentation, Acting Planning and Community Development Director Goumas provided a synopsis on the background information as printed in the official agenda. Christopher Dove, 852 Colonel Meade Drive, representing self, opined about the time limit for public hearings and the Virginia Conflict of Interest Act. Hearing no additional speakers, the public hearing was closed. Mayor Johnson sought legal clarification about any possible violations of the Virginia Conflict of Interest Act. City Attorney Holland explained that as she has not been made aware of any potential conflicts of interest, Mayor Johnson has no reason to abstain from acting on the proposed ordinance. Council Member Fawcett, 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 AMEND CHAPTER 31, UNIFIED DEVELOPMENT ORDINANCE OF THE CODE OF THE CITY OF SUFFOLK, ARTICLE 4, ZONING, SECTIONS 31-402, ESTABLISHMENT OF ZONING DISTRICTS, 31-403, RELATION OF ZONING DISTRICTS TO COMPREHENSIVE PLAN AND PURPOSE STATEMENTS, 31-406, USE REGULATIONS, 31-407, DIMENSIONAL AND DENSITY REGULATIONS, AND 31-408, SPECIFIC BASE ZONING DISTRICT CRITERIA; AND ARTICLE 6, DESIGN AND IMPROVEMENT STANDARDS, SECTION 31-607, PARKS AND OPEN SPACE; OA01-16 Public Hearing – An ordinance granting a franchise agreement for the non-exclusive right and privilege to occupy and use the streets, alleys and public places of the City of Suffolk for the construction, maintenance, and operation of a natural gas distribution system within and through the corporate limits of the City of Suffolk, Virginia 6 City Council Regular Meeting February 17, 2016 Mayor Johnson explained that this agenda item concerned an ordinance granting a franchise agreement for the non-exclusive right and privilege to occupy and use the streets, alleys and public places of the City of Suffolk for the construction, maintenance, and operation of a natural gas distribution system within and through the corporate limits of the City of Suffolk, Virginia and the franchise will be in excess of five years, state law requires the City to advertise and invite bids for the franchise agreement. Mayor Johnson read the following summary of bid that has been received: Bidder: Virginia Natural Gas, Inc. a division of AGL Resources, Inc. Mayor Johnson asked if there were any additional bids for consideration. Hearing none, the bidding was declared closed, and Mayor Johnson asked for staff recommendation regarding the bid received. Utilizing a PowerPoint presentation, Acting Deputy City Manager D. Scott Mills submitted a synopsis of the background information as printed in the official agenda and recommended the acceptance of the bid. He also added that the following amendment to the proposed ordinance: Section 4 entitled “Term” 4.2 entitled “Expiration” should read “Unless otherwise terminated, upon expiration of this Agreement, the parties may continue to perform under the rights and obligations of this Agreement in accordance with Section 6.8 of this Franchise, which shall remain in full force and effect to the extent then permitted by law”, not Section 6.9 are printed in the background information in the official agenda. Council Member Johnson asked if the City has had a franchise with Virginia Natural Gas previously. City Manager Roberts replied in the affirmative. Council Member Johnson called for the length of the previous franchise with Virginia Natural Gas. George Faatz, Director of External Affairs, Virginia Natural Gas, explained that the previous agreement was for 15 years, beginning in 1980 and expiring in 1995. Mr. Faatz concluded that Virginia Natural Gas has been operating under the same terms of the agreement since then. Mayor Johnson announced that if it is the pleasure of City Council, a motion would be in order to accept the bid at this time. Council Member Fawcett, on a motion seconded by Council Member Duman, moved to award the bid to Virginia Natural Gas, Inc., 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 Christopher Dove, 852 Colonel Meade Drive, representing self, opined about the time limit for public hearings. Hearing no additional speakers, the public hearing was closed. 7 City Council Regular Meeting February 17, 2016 Council Member Duman, on a motion seconded by Council Member Fawcett, moved to approve the ordinance, as amended as previously stated, 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 GRANTING A FRANCHISE AGREEMENT FOR THE NON-EXCLUSIVE RIGHT AND PRIVILEGE TO OCCUPY AND USE THE STREETS, ALLEYS AND PUBLIC PLACES OF THE CITY OF SUFFOLK FOR THE CONSTRUCTION, MAINTENANCE, AND OPERATION OF A NATURAL GAS DISTRIBUTION SYSTEM WITHIN AND THROUGH THE CORPORATE LIMITS OF THE CITY OF SUFFOLK, VIRGINIA ORDINANCES Ordinance – An ordinance to authorize the transfer of Capital Project Funds from the Hazardous Materials Management Project to the HVAC Equipment Upgrade Project for School Capital Project needs City Manager Roberts provided a summary of the background information as printed in the official agenda. Referring to the presentation, Council Member Duman sought information about the balance in the Hazardous Material Management fund, should the proposed ordinance be approved. Finance Director Hansen said that should the proposed ordinance be approved, that would transfer the bulk of the funds in that fund. Council Member Duman asked whether the amount in the ordinance is in addition to the $75,000 approved tonight in the Capital Improvements Plan for Fiscal Years 2016-2017 through 2025-2026. Finance Director Hansen replied in the affirmative. Council Member Duman asked whether there are any contingent liabilities known. Superintendent Whitney advised there are not any liabilities known at this time. Council Member Goldberg, on a motion seconded by Vice Mayor Bennett, 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 AUTHORIZE THE TRANSFER OF CAPITAL PROJECT FUNDS FROM THE HAZARDOUS MATERIALS MANAGEMENT PROJECT TO THE HVAC EQUIPMENT UPGRADE PROJECT FOR SCHOOL CAPITAL PROJECT NEEDS 8 City Council Regular Meeting February 17, 2016 RESOLUTIONS Resolution – A resolution adopting the Department of Parks and Recreation Master Plan Update City Manager Roberts gave a summary of the presentation by Director of Parks and Recreation Lakita Watson during the earlier Work Session and solicited questions. Council Member Johnson asked if the plan is changeable. City Manager Roberts advised the plan is amendable. Council Member Johnson inquired about the frequency of updating the plan. City Manager Roberts recommended every five years as a best practice. Council Member Fawcett, on a motion seconded by Council Member Johnson, moved to approve the resolution, 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 ADOPTING THE DEPARTMENT OF PARKS AND RECREATION MASTER PLAN UPDATE STAFF REPORTS There were no items under this portion of the agenda. MOTIONS Motion – A motion to schedule a Work Session for March 2, 2016, at 4:00 p.m., unless cancelled Council Member Milteer, on motion seconded by Council Member Fawcett, moved to schedule a Work Session for March 2, 2016, at 4:00 p.m., unless cancelled, 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 Christopher Dove, 852 Colonel Meade Drive, representing self, opined about the State’s Conflict of Interest Act. Leroy Schmidt, 5140 North Harbour Road, representing self, opined about potholes. 9 City Council Regular Meeting February 17, 2016 NEW BUSINESS City Clerk Dawley presented the following boards and commissions for City Council’s consideration: Early Childhood Development Commission – Bonnie Maki (National Association for the Education of Young Children representative), Henry Lercarter Dixon and Carol Vann Wilson (At Large representatives), and Jennifer Scott Brown (Library representative) and Senior Services of Southeastern Virginia – Inez Craig. Council Member Milteer, on a motion seconded by Council Member Fawcett, 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 ANNOUNCEMENTS AND COMMENTS Utilizing PowerPoint and video presentations, Media and Community Relations Coordinator Tim Kelley reported on the following: an announcement from Governor Terry McAuliffe regarding new jobs at Emser Tile; the expansion and new jobs at the Target Upstream Distribution Center; the City’s Keep America Beautiful National Award; the City Assessor’s Office Assessment meetings on land use programs; presentations on understanding the City's operating budget; the upcoming Suffolk Police Department’s Badge Pinning Ceremony; the open burning law; the Suffolk Fire and Rescue Department’s Emergency Medical Services Passport Subscription Service; and upcoming service interruption and traffic detours due to utility repairs around Wilroy Road and Myrtle Street. Council Member Johnson thanked the Public Works Department for their efforts during recent winter storm and Parks and Recreation Department for their work. Council Member Johnson opined about the open burning law. Council Member Johnson acknowledged Litter Control Coordinator Wayne Jones on Suffolk's award, of the Keep America Beautiful National Award. Council Member Johnson opined about the new positions at Emser Tile and the Target Upstream Distribution Center. Council Member Milteer opined about the new positions at Emser Tile and the Target Upstream Distribution Center. Council Member Fawcett opined about the new positions at Emser Tile and the Target Upstream Distribution Center. Council Member Fawcett thanked the Boy Scouts in attendance. Council Member Fawcett thanked the Public Works Department for pothole repair. Council Member Fawcett thanked City Assessor Jean Jackson and the Parks and Recreation Department. 10 City Council Regular Meeting February 17, 2016 Council Member Fawcett opined about the presentations on the upcoming City operating budget. Council Member Goldberg opined about the new positions at Emser Tile and the Target Upstream Distribution Center. Council Member Goldberg opined about the Parks and Recreation Department’s master plan. Council Member Ward reported he attended the City of Hampton’s symposium regarding the future of black males. Council Member Ward opined about the new positions at Emser Tile and the Target Upstream Distribution Center. Council Member Ward opined about the Parks and Recreation Department’s master plan. Council Member Ward thanked City Manager Roberts for the new elementary and middle schools in North Suffolk. Council Member Duman opined about the Parks and Recreation Department’s master plan. Council Member Duman reported he attended the Suffolk Humane Society’s Paws for the Arts. Council Member Duman opined about the new positions at Emser Tile and the Target Upstream Distribution Center. Vice Mayor Bennett extended his condolences to the family of the late Inez Lassiter. Vice Mayor Bennett opined about the new positions at Emser Tile and the Target Upstream Distribution Center. Vice Mayor Bennett opined about the Parks and Recreation Department’s master plan. Mayor Johnson opined about the following: the Capital Improvement Plan, the Parks and Recreation Department’s master plan and the new positions at Emser Tile and the Target Upstream Distribution Center. Mayor Johnson thanked the Public Works Department for the pothole repairs. City Clerk Dawley presented the following nominations for appointment to the Wetlands Board: Sidney Hazelwood and Brad O'Berry Council Member Fawcett, on a motion seconded by Council Member Duman, moved to approve the aforementioned nominations 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 11 City Council Regular Meeting February 17, 2016 Council Member Fawcett, on a motion seconded by Council Member Milteer, 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 8:57 p.m. Teste: ________________________________________________ Erika S. Dawley, MMC, City Clerk Approved: ____________________________________________ Linda T. Johnson, Mayor APPROVED AS AMENDED: MARCH 16, 2016 12