City Council Meeting Packets

City Council Regular Meeting April 20, 2016 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, April 20, 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 the Pledge of Allegiance to the Flag. APPROVAL OF THE MINUTES Council Member Fawcett, on a motion seconded by Council Member Milteer, moved to approve the minutes from the March 16, 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 advised that as there were no items on the Consent Agenda, a motion would be in order to adopt the agenda as presented. 1 City Council Regular Meeting April 20, 2016 Council Member Johnson, on a motion seconded by Council Member Duman, 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 – A public hearing to receive public comment on the Proposed Operating and Capital Budget for Fiscal Year 2016-2017 and related Ordinances and Resolutions Utilizing a PowerPoint presentation, Finance Director Tealan Hansen provided a summation of the background information as printed in the official agenda. Chris Dove, 852 Colonel Meade Drive, representing self, opined about City Council’s Rules of Order and Procedure as it relates to public hearings and the Proposed Operating and Capital Budget for Fiscal Year 2016-2017 and related Ordinances and Resolutions. Chet Hart, 4792 Schooner Boulevard, representing Western Tidewater Free Clinic, spoke in support of funding for his agency. Pam King, no address given, representing self, spoke in support of the proposed ordinances as presented. Bill Wyatt, 609 Azalea Court, representing Suffolk Festivals, Incorporated, spoke in support of funding for his agency. Sylvester Askins, no address given, representing Endependence Center, Norfolk, Virginia, spoke in support of funding for his agency. Lance Callis, no address given, President, Suffolk Police Officers Association, spoke in support of the proposed ordinances as presented. Michael McKenna, 3124 Douglas Road, Chesapeake, Virginia, representing the Service Employees International Union, spoke in support of the proposed ordinances as presented. Natalie Street, 111 Longwood Avenue, representing self, spoke in support of funding for Suffolk Public Schools. Wendell Foster, 313 Page Place, representing Suffolk Education Association, spoke in support of funding for Suffolk Public Schools. 2 City Council Regular Meeting April 20, 2016 Teresa Abdulbaaqee, no address given, spoke in support of the funding for Suffolk Public Schools. Hearing no additional speakers, the public hearing was closed. Members of the City Council opined about the proposed Operating and Capital Budget for Fiscal Year 2016-2017 and related Ordinances and Resolutions. There was no City Council action required on the above referenced items at this time. Public Hearing – An ordinance to rezone and amend the official zoning map of the City of Suffolk to amend the approved proffered conditions associated with the development of the Bennett’s Creek Square Traditional Neighborhood Development, located at 5550 Shoulder’s Hill Road, Zoning Map 12, Parcel 57; RZ13A-13 (Conditional) 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. John Napolitano, 1492 South Independence Boulevard, Virginia Beach, Virginia, applicant, representing Bennett’s Creek Square, Incorporated, property owner, spoke in support of the proposed ordinance, as presented. Hearing no additional speakers, the public hearing was closed. Council Member Milteer, 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 AMEND THE APPROVED PROFFERED CONDITIONS ASSOCIATED WITH THE DEVELOPMENT OF THE BENNETT’S CREEK SQUARE TRADITIONAL NEIGHBORHOOD DEVELOPMENT, LOCATED AT 5550 SHOULDER’S HILL ROAD, ZONING MAP 12, PARCEL 57; RZ13A-13 (CONDITIONAL) Public Hearing – An ordinance to rezone and amend the official zoning map of the City of Suffolk, to change the zoning from RR, Rural Residential Zoning District to RU, Residential Urban Zoning District (Conditional), for property located at the 5616 Shoulders Hill Road, Zoning Map 12, Parcel 56; RZ05-15 (Conditional) Utilizing a PowerPoint presentation, Acting Planning and Community Development Director Goumas offered a report on the background information as printed in the official agenda. Whitney Saunders, 705 West Washington Street, agent, representing Murray Kirk, Shoulder’s Hill, LLC, applicant and property owner, spoke in support of the proposed ordinance as presented. Hearing no additional speakers, the public hearing was closed. 3 City Council Regular Meeting April 20, 2016 Council Member Fawcett advised that he would be abstaining from discussing or voting on this item due to a personal relationship. Council Member Ward queried about the responsibility for maintaining the entrance road off of Shoulders Hill Road. Mr. Saunders called for additional clarification. Council Member Ward reiterated his question. Mr. Saunders reported that the applicant would provide the pavement for two lanes and the right turn lane. Council Member Ward opined that the proposed project is a senior citizen community. Mr. Saunders replied in the affirmative. Council Member Ward called for information about the inclusion of sidewalks in the proposed project. Mr. Saunders explained that sidewalks will be constructed once the City provides its plans for the surrounding area. Council Member Goldberg, 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, Goldberg, T. Johnson, Milteer and Ward 7 NAYS: None 0 ABTAINED: Council Member Fawcett 1 AN ORDINANCE TO REZONE AND AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SUFFOLK, TO CHANGE THE ZONING FROM RR, RURAL RESIDENTIAL ZONING DISTRICT TO RU, RESIDENTIAL URBAN ZONING DISTRICT (CONDITIONAL) , FOR PROPERTY LOCATED AT 5616 SHOULDERS HILL ROAD, ZONING MAP 12, PARCEL 56; RZ05-15 (CONDITIONAL) Public Hearing – An ordinance to amend Chapter 31, Unified Development Ordinance of the Code of the City of Suffolk, Article 4, Zoning, Section 31-406, Use Regulations, Article 7, Supplemental Use Regulations, to establish a new Section 31-723, Neighborhood Gardens, and Appendix A, Definitions; OA02-16 Utilizing a PowerPoint presentation, Acting Planning and Community Development Director Goumas provided a synopsis on the background information as printed in the official agenda. Daniel Strum, 9131 River Crescent, representing self, spoke in support of the proposed ordinance. Hearing no additional speakers, the public hearing was closed. Referring to the presentation, Council Member Duman sought an explanation about the permitting process for a neighborhood garden. Acting Planning and Community Development Director Goumas stated that the proposed ordinance would require a permit as it would allow a neighborhood garden on a residential lot. 4 City Council Regular Meeting April 20, 2016 Referring to the presentation, Council Member Duman inquired about fences for neighborhood gardens as it relates to home owners association regulations. Acting Planning and Community Development Director Goumas explained that the City does not enforce homeowners’ association regulations, but any fences for a neighborhood garden would have to meet all City zoning regulations. Referring to the presentation, Council Member Duman requested information about the expiration of the permit should the parcel remain fallow. Acting Planning and Community Development Director Goumas said that the permit for a neighborhood garden would remain valid for two years after the use is deemed nonconforming. Referring to the presentation, Council Member Goldberg opined about the permitting of power cords across the street as it relates to the proposed ordinance. Acting Planning and Community Development Director Goumas indicated that the proposed ordinance does not address that issue. Referring to the presentation, Council Member Fawcett called for information about the duration of the permit, once the neighborhood garden has been established. Acting Planning and Community Development Director Goumas replied that the permit remains valid as long as the neighborhood garden remains active. Referring to the presentation, Council Member Fawcett opined about the fee for a neighborhood garden as it relates to the proposed ordinance. Acting Planning and Community Development Director Goumas stated that the proposed permit does not address the fee for the permit, as all fees are included in the City’s fee schedule. Referring to the presentation, Council Member Fawcett asked about the role of zoning inspectors, as it relates to neighborhood gardens. Acting Planning and Community Development Director Goumas indicated that zoning inspectors only generally will visit a property when complaints are reported. Referring to the presentation, Council Member Fawcett sought an explanation about the size of the neighborhood gardens. Acting Planning and Community Development Director Goumas stated that the size of the neighborhood garden will depend on the size of the lot as outlined in the City’s zoning regulations. Referring to the presentation, Vice Mayor Bennett inquired about the fee for a neighborhood garden. Acting Planning and Community Development Director Goumas explained that a fee will only be required for a vacant lot in a residential area. Council Member Johnson, 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 AMEND CHAPTER 31, UNIFIED DEVELOPMENT ORDINANCE OF THE CODE OF THE CITY OF SUFFOLK, ARTICLE 4, ZONING, SECTION 31-406, USE REGULATIONS, ARTICLE 7, SUPPLEMENTAL USE REGULATIONS, TO ESTABLISH A NEW SECTION 31-723, NEIGHBORHOOD GARDENS, AND APPENDIX A, DEFINITIONS; OA02-16 5 City Council Regular Meeting April 20, 2016 Public Hearing – A public hearing to receive public comment on the proposed Fiscal Year 2016-2017 Annual Action Plan for the City of Suffolk Community Development Block Grant Program and the Western Tidewater Home Consortium Home Investment Partnership Grant Program Utilizing a PowerPoint presentation, Acting Planning and Community Development Director Goumas submitted a synopsis of the background information as printed in the official agenda Hearing no speakers, the public hearing was closed. Council Member Ward asked about the feasibility of Community Development Block Grant funds being allocated to Pughsville and Huntersville. Acting Planning and Community Development Director Goumas explained that residents can apply for Emergency Home Repair Program through the Suffolk Redevelopment and Housing Authority. There was no City Council action required on the above referenced items at this time. ORDINANCES Ordinance – An ordinance to accept and appropriate a Walmart Community Grant for the City of Suffolk Sheriff Department City Manager Roberts gave a report on the background information as printed in the official agenda. 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 ACCEPT AND APPROPRIATE A WALMART COMMUNITY GRANT FOR THE CITY OF SUFFOLK SHERIFF DEPARTMENT RESOLUTIONS Resolution – A resolution to request authorization for the City Manager of the City of Suffolk to execute a Host Community and Good Neighbor Agreement between the City of Suffolk and the Southeastern Public Service Authority of Virginia Utilizing a PowerPoint presentation, Public Works Director Eric Nielsen supplied a review of the background information as printed in the official agenda. City Manager Roberts gave supplementary information. 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 6 City Council Regular Meeting April 20, 2016 A RESOLUTION TO REQUEST AUTHORIZATION FOR THE CITY MANAGER OF THE CITY OF SUFFOLK TO EXECUTE A HOST COMMUNITY AND GOOD NEIGHBOR AGREEMENT BETWEEN THE CITY OF SUFFOLK AND THE SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF VIRGINIA STAFF REPORTS Mayor Johnson advised City Council that City Manager Roberts had a request. City Manager Roberts reported that at the March 16, 2016, City Council meeting, City Council approved a motion to direct City Attorney Holland to review and provide a staff report on the City’s franchise agreement with Charter Communications to include potential remedies regarding availability at the April 20, 2016, City Council meeting and to direct City Manager Roberts to explore alternative options. He explained that staff requires additional time to address this matter. Council Member Fawcett, on a motion seconded by Council Member Johnson, moved to defer the staff report on the City’s franchise agreement with Chanter Communications to a date to be determined by City Manager Roberts, 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 MOTIONS Motion – A motion to schedule a Work Session for May 4, 2016, at 4:00 p.m. unless cancelled Council Member Fawcett, on a motion seconded by Council Member Milteer, moved to schedule a Work Session for May 4, 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 There were no speakers under this portion of the agenda. NEW BUSINESS There were no items under this portion of the agenda. ANNOUNCEMENTS AND COMMENTS Utilizing PowerPoint and video presentations, Media and Community Relations Coordinator Tim Kelley reported on the following: ribbon cuttings for Rite Aid and Designer Shoe Warehouse; the Clean it Up, Green It Up events sponsored by the Suffolk Public Library; the kickoff of the Suffolk Farmers Market; the Sleepy Hole Park Pier and Kayak Launch Grand Opening; the State of the City; and the City’s mosquito control webpage. 7 City Council Regular Meeting April 20, 2016 Council Member Johnson reported he attended the following: on a tour of the Southeastern Public Service Authority; the Healthy People Healthy Suffolk Gardening Expo and the Oath of Office Ceremony for Deputy City Manager D. Scott Mills. Council Member Milteer opined about the Proposed Operating and Capital Budget for Fiscal Year 2016-2017. Council Member Fawcett advised he attend the following: the ribbon cuttings for Rite Aid and Designer Shoe Warehouse; the Hampton Roads Chamber of Commerce Leadership Luncheon; the ACCESS Suffolk Donor Luncheon; a meeting of the Nansemond River Preservation Alliance; Oath of Office Ceremony for Deputy City Manager D. Scott Mills; the Suffolk Sister Cities Young Artists and Authors Awards Ceremony and the Victims’ Rights Week event. Council Member Fawcett extended his condolences to the family of the late Chief Rabbi Jehu August Crowdy Jr. Council Member Goldberg thanked City Administration for its efforts with the Proposed Operating and Capital Budget for Fiscal Year 2016-2017 and the Southeastern Public Service Authority. Council Member Ward thanked City Administration for its efforts. Council Member Ward announced he attended the ribbon cuttings for Rite Aid and Designer Shoe Warehouse. Council Member Ward extended his condolences to the family of the late Chief Rabbi Jehu August Crowdy Jr. Council Member Duman thanked City Administration for its efforts with the Proposed Operating and Capital Budget for Fiscal Year 2016-2017 and the Southeastern Public Service Authority. Council Member Duman congratulated Deputy City Manager D. Scott Mills. Council Member Duman reported he attended the following events: the Suffolk Sister Cities Young Artists and Authors Awards Ceremony; the Chuckatuck Ruritans Oyster Roast; and the Portsmouth Invitational Basketball Tournament where Elizabeth Childs of Kings Fork High School received a scholarship. Council Member Duman thanked City Administration for its support of the Mutt Strut. Vice Mayor Bennett thanked City Administration for its efforts with the Southeastern Public Service Authority. Vice Mayor Bennett opined about the Western Tidewater Free Clinic. Vice Mayor Bennett extended his condolences to the family of the late Chief Rabbi Jehu August Crowdy Jr. Mayor Johnson extended her condolences to the family of the late Chief Rabbi Jehu August Crowdy Jr. and the family of the late Joan Nelms. 8 City Council Regular Meeting April 20, 2016 Mayor Johnson opined about upcoming events: the Sleepy Hole Park Kayak Launch; the Suffolk Redevelopment Housing Authority 45th anniversary; the Regent University’s Mayors Forum; and the American Heart Association’s HeartChase. Council Member Fawcett, on a motion seconded by Vice Mayor Bennett, 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 9:49 p.m. Teste: ________________________________________________ Erika S. Dawley, MMC, City Clerk Approved: ____________________________________________ Linda T. Johnson, Mayor APPROVED: MAY 18, 2016 9