City Council Meeting Packets

City Council Regular Meeting May 18, 2016 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, May 18, 2016, at 7:00 p.m. PRESENT Council Members - Linda T. Johnson, Mayor, presiding Leroy Bennett, Vice Mayor Michael D. Duman Roger W. Fawcett 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 Donald Z. Goldberg (excused) 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. Mayor Johnson advised that Council Member Goldberg was excused. APPROVAL OF THE MINUTES Council Member Fawcett, on a motion seconded by Council Member Duman, moved to approve the minutes from the April 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, T. Johnson, Milteer and Ward 7 NAYS: None (Council Member Goldberg was excused.) 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 presented. 1 City Council Regular Meeting May 18, 2016 Council Member Fawcett, on a motion seconded by Council Member Johnson, moved to adopt the agenda as presented, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, T. Johnson, Milteer and Ward 7 NAYS: None (Council Member Goldberg was excused.) 0 AGENDA SPEAKERS There were no speakers under this portion of the agenda. CONSENT AGENDA City Clerk Dawley presented the following Consent Agenda items: Consent Agenda Item #7 – An ordinance to accept and appropriate funds from the Obici Healthcare Foundation for the Department of Parks and Recreation Lake Kennedy Park Trail Project Consent Agenda Item #8 - An ordinance to accept and appropriate funds from the Obici Healthcare Foundation for the Department of Parks and Recreation Seaboard Coastline Trail Phase 4B Project Consent Agenda Item #9 - An ordinance to accept and appropriate funds from Centerpoint Properties Trust for the reimbursement of offsite improvement costs in accordance with the Kenyon Court Connector Development Agreement Consent Agenda Item #10 - An ordinance to accept and appropriate funds from the Commonwealth of Virginia Department of Aviation for the Suffolk Executive Airport Council Member Milteer moved for approval of the Consent Agenda as presented. Council Member Fawcett called for a summary of Consent Agenda Item #9 - an ordinance to accept and appropriate funds from Centerpoint Properties Trust for the reimbursement of offsite improvement costs in accordance with the Kenyon Court Connector Development Agreement. Vice Mayor Bennett asked for an explanation of Consent Agenda Item #7 - an ordinance to accept and appropriate funds from the Obici Healthcare Foundation for the Department of Parks and Recreation Lake Kennedy Park Trail Project. Referring to Consent Agenda Items #7 and #9, City Manager gave a report on the background information as printed in the official agenda. Council Member Milteer, 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, T. Johnson, Milteer and Ward 7 NAYS: None (Council Member Goldberg was excused.) 0 2 City Council Regular Meeting May 18, 2016 PUBLIC HEARINGS Public Hearing – A resolution authorizing the City Manager to enter into an agreement with the Western Tidewater Water Authority and Isle of Wight County for the transfer of the Western Branch Pipeline to the Western Tidewater Water Authority and to execute certain related documents Utilizing a PowerPoint presentation, Public Utilities Director Albert Moor provided a summation 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 Duman, moved to approve the resolution, as presented, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, T. Johnson, Milteer and Ward 7 NAYS: None (Council Member Goldberg was excused.) 0 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE WESTERN TIDEWATER WATER AUTHORITY AND ISLE OF WIGHT COUNTY FOR THE TRANSFER OF THE WESTERN BRANCH PIPELINE TO THE WESTERN TIDEWATER WATER AUTHORITY AND TO EXECUTE CERTAIN RELATED DOCUMENTS ORDINANCES Ordinance – An ordinance to amend the approved proffered conditions associated with RZ06-05 (Conditional) pertaining to the development of the Virginia Regional Commerce Park, Zoning Map 25, Parcels 38 and 38A, RZ06A-05 (Conditional) Utilizing a PowerPoint presentation, Acting Planning and Community Development Director Robert Goumas gave a report on the background information as printed in the official agenda. Council Member Milteer moved to approve the ordinance as presented. Referring to the presentation, Council Member Duman called for an explanation about the status of proffered conditions five, seven and eight. Acting Planning and Community Development Director Goumas explained that the Unified Development Ordinance addresses the matters outlined in condition five, and conditions seven and eight have already been completed. 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, T. Johnson, Milteer and Ward 7 NAYS: None (Council Member Goldberg was excused.) 0 3 City Council Regular Meeting May 18, 2016 AN ORDINANCE TO AMEND THE APPROVED PROFFERED CONDITIONS ASSOCIATED WITH RZ06-05 (CONDITIONAL) PERTAINING TO THE DEVELOPMENT OF THE VIRGINIA REGIONAL COMMERCE PARK, ZONING MAP 25, PARCELS 38 AND 38A, RZ06A-05 (CONDITIONAL) Ordinance – An ordinance authorizing the City Manager to accept a Deed Open-Space Easement over the common passive open-space within Phase 1 of the Cluster Subdivision Plat Foxfield Meadows at Pitchkettle, Tax Map Number 34, Parcels 24B, FS2014-05 Utilizing a PowerPoint presentation, Acting Planning and Community Development Director Goumas provided a summary of the background information as printed in the official agenda. Council Member Fawcett, on a motion seconded by Council Member Ward, moved to approve the ordinance, as presented, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, T. Johnson, Milteer and Ward 7 NAYS: None (Council Member Goldberg was excused.) 0 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ACCEPT A DEED OPEN- SPACE EASEMENT OVER THE COMMON PASSIVE OPEN-SPACE WITHIN PHASE 1 OF THE CLUSTER SUBDIVISION PLAT FOXFIELD MEADOWS AT PITCHKETTLE, TAX MAP NUMBER 34, PARCELS 24B, FS2014-05 Ordinance – An ordinance to grant relief from the ten (10) year post conveyance holding period for a parcel of land identified as Zoning Map 34, Parcel 34*30*3A created through a family transfer conveyance in accordance with Section 31-514 of the Unified Development Ordinance Utilizing a PowerPoint presentation, Acting Planning and Community Development Director Goumas offered a synopsis of the background information as printed in the official agenda. Referring to the presentation, Council Member Milteer opined about the request outlined in the proposed ordinance. Acting Planning and Community Development Director Goumas explained that the property owner is requesting an exception from the 10 year post conveyance holding period. Referring to the presentation, Council Member Milteer sought clarification about the applicability of waiving the ten year post conveyance holding period citywide. Acting Planning and Community Development Director Goumas stated that the proposed ordinance would only grant relief from the ten year post conveyance holding period for the parcel under consideration. Council Member Fawcett moved to approve the ordinance as presented. Referring to the presentation, Council Member Johnson queried about the information supplied by the property owner. Acting Planning and Community Development Director Goumas advised that the information in the staff report outlines the property owner’s request for relief from the ten year post conveyance holding period. 4 City Council Regular Meeting May 18, 2016 Referring to the presentation, Council Member Duman asked if there was any additional information other than the staff report. Acting Planning and Community Development Director Goumas said that all of the information provided by the property owner has been included in the staff report. Council Member Fawcett, on a motion seconded by Council Member Duman, moved to approve the ordinance, as presented. Referring to the presentation, Council Member Fawcett opined about the financial hardship of the property owner. Acting Planning and Community Development Director Goumas indicated that the property owner submitted a letter stating their financial situation has changed; therefore, the property owner is requesting relief from the ten year post conveyance holding period. Referring to the presentation, Mayor Johnson called for information about the number of approved requests for relief from the ten year post conveyance holding period. Acting Planning and Community Development Director Goumas said he was unaware of the specific number. Deputy City Manager Scott Mills estimated that less than ten applications for relief have been approved in the past five years. 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 and Council Members Duman, Fawcett, T. Johnson, Milteer and Ward 6 NAYS: Vice Mayor Bennett (Council Member Goldberg was excused.) 1 AN ORDINANCE TO GRANT RELIEF FROM THE TEN (10) YEAR POST CONVEYANCE HOLDING PERIOD FOR A PARCEL OF LAND IDENTIFIED AS ZONING MAP 34, PARCEL 34*30*3A 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 June 1, 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 June 1, 2016, at 4:00 p.m., unless cancelled, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, T. Johnson, Milteer and Ward 7 NAYS: None (Council Member Goldberg was excused.) 0 5 City Council Regular Meeting May 18, 2016 NON-AGENDA SPEAKERS Antwan Robinson, Sr., 1717 Freeney Avenue, representing C.H.O.I.C.E., was not present when called Erin Read, 2011 Mill Lake Road, representing self, expressed her appreciation for its assistance with issues on the Seaboard Coastline Trail. NEW BUSINESS Council Member Johnson opined about the keeping of backyard chickens in residential areas. Council Member Johnson made a motion for the purpose of initiating amendments to the Unified Development Ordinance to address the allowance of backyard chickens in residential zoning districts in the city and forwarded to the Planning Commission’s Committee on ordinances for proper review and recommendation. Council Member Ward asked for a synopsis of the previous staff reported provided to City Council. City Manager Roberts said there are some areas of the city where chickens are permitted and other areas where chickens are prohibited. Members of City Council opined about the proposed motion. Vice Mayor Bennett seconded the motion. Members of City Council opined about the proposed motion. Mayor Johnson asked Council Member Johnson to restate the motion. Council Member Johnson, on an amended motion seconded by Vice Mayor Bennett, moved to direct staff to review the matter of allowing backyard chickens in residential areas and provide a report for City Council’s consideration, was approved by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, T. Johnson, Milteer and Ward 7 NAYS: None (Council Member Goldberg was excused.) 0 ANNOUNCEMENTS AND COMMENTS Utilizing PowerPoint and video presentations, Media and Community Relations Coordinator Tim Kelley reported on the following: ribbon cutting for Ulta; the Suffolk Citizen Connections smartphone app; the observance of National Public Works Week; the Relay for Life; Drive-In Movie in the Park; Restore Pop-up Shop event; the observance of Virginia Hurricane Preparedness Week; recognition of Debbie George, Robert Goumas and Larry Andrews for their years of service; recognition of the Virginia Municipal League’s 2016 Rick Management Excellence Award Recipient Donna Vogel, Risk, Benefits and Wellness Manager; the City’s Tour de Cure team; Suffolk Fire and Rescue Department’s receipt of the American Heart Association’s Lifeline Emergency Medical Services Recognition Award; the City’s webpage for mosquito control; and the City’s observance of the Memorial Day holiday. Council Member Ward congratulated the employees recognized for their years of service. 6 City Council Regular Meeting May 18, 2016 Council Member Ward reported he attended the following: the 15th Annual Safe Harbor Awards at Children’s Harbor; the Youth Public Safety Academy Graduation; and a meeting of the Harborview Home Owners Association. Council Member Duman announced he attended the following: National Day of Prayer Breakfast; the Masters of Soul Concert at the Suffolk Center for Cultural Arts; the State of the City; the Elks Lodge and Ruritan Club Veterans Appreciation Luncheon; and the Law Enforcement Memorial Service. Council Member Duman thanked staff for addressing constituent concerns. Council Member Duman congratulated Donna Vogel, Risk, Benefits and Wellness Manager, on her receipt of the Virginia Municipal League’s 2016 Rick Management Excellence Award. Council Member Fawcett reported he attended the following: the Early Education Forum; the Masters of Soul Concert at the Suffolk Center for Cultural Arts; the Elks Lodge and Ruritan Club Veterans Appreciation Luncheon; Boys and Girls Club event; the Norfolk Corporate Cinco de Mayo 5K; and ribbon cutting for Ulta. Council Member Fawcett congratulated the employees recognized for their years of service and the Suffolk Fire and Rescue Department’s receipt of the American Heart Association’s Lifeline Emergency Medical Services Recognition Award. Council Member Fawcett opined about the City Employee Services Awards Luncheon. Council Member Milteer announced he attended the National Day of Prayer Breakfast and the State of the City. Council Member Milteer reported high grass on Jackson Road and County Meadow Road. Council Member Johnson congratulated the employees recognized for their years of service. Council Member Johnson announced he attended the State of the City and an event at Lakeland High School. Council Member Johnson encouraged residents to attend the upcoming Ruritan Founders Day. Vice Mayor Bennett congratulated the employees recognized for their years of service. Vice Mayor Bennett thanked the Obici Healthcare Foundation for the Lake Kennedy Park Trail Project. Vice Mayor Bennett reported he attended the following: the Masters of Soul Concert at the Suffolk Center for Cultural Arts; the State of the City; the Project Lifesaver Fundraiser; and the Law Enforcement Memorial Service. Vice Mayor Bennett opined about the City’s regulations regarding portable storage containers. Mayor Johnson congratulated the employees recognized for their years of service. 7 City Council Regular Meeting May 18, 2016 Mayor Johnson announced she attended the Law Enforcement Memorial Service and the Norfolk Corporate Cinco de Mayo 5K. Mayor Johnson opined about the City Employee Services Awards Luncheon and the Relay for Life. Council Member Johnson, on a motion seconded by Council Member Duman, moved to adjourn, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, T. Johnson, Milteer and Ward 7 NAYS: None (Council Member Goldberg was excused.) 0 There being no further business to come before City Council, the regular meeting was adjourned at 8:16 p.m. Teste: ________________________________________________ Erika S. Dawley, MMC, City Clerk Approved: ____________________________________________ Linda T. Johnson, Mayor APPROVED: JUNE 15, 2016 8