City Council Meeting Packets

City Council Regular Meeting October 19, 2016 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, October 19, 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 Duman, moved to approve the minutes from the October 5, 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. 1 City Council Regular Meeting October 19, 2016 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. She also called on City Manager Roberts to address a request to amend the agenda to add an ordinance, a resolution and a Staff Report. City Manager Roberts advised City Council that the three items - an ordinance to re-appropriate unspent funds to the School Fund; a resolution declaring and rescinding a local emergency; and a Staff Report regarding Hurricane Matthew. Hearing no requests for removal any of the items, Mayor Johnson advised that a motion was in order to amend the agenda to add the three aforementioned items and adopt the remainder of the agenda, as presented. Council Member Goldberg, on a motion seconded by Council Member Milteer, to amend the agenda to add the three aforementioned items and adopt the remainder of 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 City Clerk Dawley presented the following Consent Agenda items: Consent Agenda Item #7 - An ordinance to accept and appropriate funds from the Commonwealth of Virginia Department of Aviation for the Suffolk Executive Airport Consent Agenda Item #8 - An ordinance to accept and appropriate funds from the United States Department of Transportation Federal Aviation Administration in support of the Easement Acquisition and Obstruction Removal Project at the Suffolk Executive Airport Consent Agenda Item #9 - An ordinance to accept and appropriate funds from the Virginia Department of Aviation in support of the Easement Acquisition and Obstruction Removal Project at the Suffolk Executive Airport Consent Agenda Item #10 - An ordinance to accept and appropriate funds from the Target Corporation for the City of Suffolk Sheriff Department Consent Agenda Item #11 - An ordinance to accept and appropriate funds from the United States Department of Agriculture for the Summer Food Service Program Consent Agenda Item #12 - An ordinance to accept and appropriate a 2016 State Homeland Security Program Grant from the Virginia Department of Emergency Management for the Suffolk Police Department 2 City Council Regular Meeting October 19, 2016 Consent Agenda Item #13 - An ordinance to accept and appropriate funds from Hearndon PR Builders, LLC for the Department of Public Utilities upgrade of Sanitary Sewer Pump Station Number 120 Consent Agenda Item #14 - An ordinance to accept and appropriate funds from the Target Corporation for the Battle of the Books program for the Suffolk Public Library Consent Agenda Item #15 - An ordinance to re-appropriate unspent funds to the School Fund (This item was added under Removal of Items from the Consent Agenda and Adoption of the Agenda portion.) Consent Agenda Item #16 - A resolution declaring and rescinding a local emergency (This item was added under Removal of Items from the Consent Agenda and Adoption of the Agenda portion.) Council Member Milteer called for a review of Consent Agenda Items #7 through #9 – 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 United States Department of Transportation Federal Aviation Administration in support of the Easement Acquisition and Obstruction Removal Project at the Suffolk Executive Airport; and an ordinance to accept and appropriate funds from the Virginia Department of Aviation in support of the Easement Acquisition and Obstruction Removal Project at the Suffolk Executive Airport Referring to Consent Agenda Items #7 through #9, City Manager Roberts supplied reports of the background information as printed in the official agenda. Council Member Goldberg, on a motion seconded by Council Member Fawcett, 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 – An ordinance to grant a Conditional Use Permit to establish a place of worship, large, at least 6,000 square feet in the main sanctuary, on properties located at 112 Mahan Street, Zoning Map(s) 34G11(A), Parcel(s) 101*102, also included are Zoning Map(s) 34G11(A), Parcel(s) 98, 99, 100, 103, 104, 105, 106, 107, 108*109, 126 and 127*128; C09-16 Mayor Johnson announced that Shapelle Watkins-White will serve as outside counsel for the City in the matter of C09-16. Ms. Watkins-White is serving as a result of a conflict that has occurred due to the fact that City Attorney Holland is a trustee at First Baptist Church, Mahan Street. 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. Nathan Lahy, 5033 Rouse Drive, Virginia Beach, Virginia, agent, spoke in support of the proposed ordinance, as presented. 3 City Council Regular Meeting October 19, 2016 Reverend Stephen Blunt, 2086 Queens Point Drive, representing First Baptist Church Mahan, spoke in support of the proposed ordinance, as presented. Hearing no additional speakers, the public hearing was closed. Council Member Goldberg, on a motion seconded by Vice Mayor Bennett, moved to approve the ordinance, with conditions, as presented. Referring to the presentation, Council Member Duman opined about the proposed condition number five, specifically the completion of the Phase II Environmental Site Assessment. Acting Planning and Community Development Director Goumas said that this item has already been completed. Council Member Goldberg, 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 PLACE OF WORSHIP, LARGE, AT LEAST 6,000 SQUARE FEET IN THE MAIN SANCTUARY, ON PROPERTIES LOCATED AS 112 MAHAN STREET, ZONING MAP(S) 34G11(A), PARCEL(S) 101*102, ALSO INCLUDED ARE ZONING MAP(S) 34G11(A), PARCEL(S) 98, 99, 100, 103, 104, 105, 106, 017, 108*109, 126 AND 127*128; C09-16 City Attorney Holland resumed her position as the City’s legal counsel. Public Hearing – An ordinance to grant a Conditional Use Permit to establish an accessory dwelling unit on property located at 4560 Starcher Court, Zoning Map 16A(2A), Parcel(s) 59; C13-15 Utilizing a PowerPoint presentation, Acting Planning and Community Development Director Goumas gave a report on the background information as printed in the official agenda. Veronica Duncan, 4560 Starcher Court, applicant and property owner, spoke in support of the proposed ordinance, as presented. Terrance Duncan, 4560 Starcher Court, applicant and property owner, spoke in support of the proposed ordinance, as presented. John Alligood, 4551 Starcher Court, representing self, spoke in opposition of the proposed ordinance, as presented. Veronica Duncan, 4560 Starcher Court, applicant and property owner, spoke in support of the proposed ordinance, as presented. Terrance Duncan, 4560 Starcher Court, applicant and property owner, spoke in support of the proposed ordinance, as presented. Hearing no additional speakers, the public hearing was closed. 4 City Council Regular Meeting October 19, 2016 Referring to the presentation, Council Member Johnson solicited clarification about the purpose of the proposed ordinance. Acting Planning and Community Development Director Goumas explained that the applicant received a building permit to construct a garage and carport, and they are now seeking an after-the-fact conditional use permit to establish an accessory dwelling unit. Referring to the presentation, Council Member Johnson asked about the information initially received by the applicant when they constructed the garage and carport. Acting Planning and Community Development Director Goumas stated that he could not speak to the information initially received by the applicant when they constructed the garage and carport. Referring to the presentation, Council Member Johnson queried about any real estate assessments on the accessory dwelling unit. Acting Planning and Community Development Director Goumas indicated that he did not have information about any real estate assessments on the unit. Referring to the presentation, Council Member Johnson requested the options for the applicants to bring the accessory dwelling unit into compliance with the Unified Development Ordinance. Acting Planning and Community Development Director Goumas reported that the only way for the property owner to bring accessory dwelling unit into compliance with the Unified Development Ordinance is to apply for a conditional use permit. Vice Mayor Bennett, on a motion seconded by Council Member Duman, moved to deny the ordinance, as presented. Referring to the presentation, Council Member Fawcett inquired about the future of the accessory dwelling unit, should City Council deny the proposed ordinance. Acting Planning and Community Development Director Goumas said that the applicant would not be able to use the structure as an accessory dwelling unit, should City Council deny the proposed ordinance. Referring to the presentation, Mayor Johnson requested an explanation regarding the relationship of the inclusion of a kitchen and an accessory dwelling unit. Acting Planning and Community Development Director replied that the structure is not considered a dwelling unit without a kitchen. Referring to the presentation, Council Member Duman questioned the options available to the applicant, should City Council deny the proposed ordinance and City Council amend the Unified Development Ordinance to create new regulations for accessory dwelling units. City Attorney Holland explained that under the current regulations in the Unified Development Ordinance, an applicant can apply for a conditional use permit one year after denial. Referring to the presentation, Council Member Duman opined about City Council’s ability to change the Unified Development Ordinance to permit the applicant to reapply. City Attorney Holland replied in the affirmative. Vice Mayor Bennett, on a motion seconded by Council Member Duman, moved to deny the ordinance, with conditions, as presented: AYES: Vice Mayor Bennett and Council Members Duman and Ward 3 NAYS: Mayor L. Johnson and Council Members Fawcett, Goldberg, T. Johnson and Milteer 5 5 City Council Regular Meeting October 19, 2016 Council Member Fawcett, on a motion seconded by Council Member Milteer, moved to approve the ordinance, with conditions, as presented: AYES: Mayor L. Johnson and Council Members Fawcett, Goldberg T. Johnson and Milteer. 5 NAYS: Vice Mayor Bennett and Council Members Duman and Ward 3 AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO ESTABLISH AN ACCESSORY DWELLING UNIT ON PROPERTY LOCATED AT 4560 STARCHER COURT, ZONING MAP 16A (2A), PARCEL 59; C13-15 Public Hearing – An ordinance to amend a Conditional Use Permit, C3-03, to modify the River Club Master Plan for properties located along Bob White Lane, Zoning Map, 12, Parcels 23 and 25; C03A-03 Utilizing a PowerPoint presentation, Acting Planning and Community Development Director Goumas provided a summation of the background information as printed in the official agenda. Whitney Saunders, 705 West Washington Street, representing River Club VA, LLC, property owner, spoke in support of the proposed ordinance. The following individuals spoke in opposition of the proposed ordinance as presented: Evelyn Jones, 4921 Fennell Lane, representing self. Chris Dove, 852 Colonel Meade Drive, representing self. Geoff Hinshelwood, 4901 Fennell Lane, representing self. Arlen Winslow, 5000 Bob White Lane, representing self. By unanimous consent, City Council extended the public hearing for five minutes for the proponents and opponents. Minthia Crawley, 307 William Penn Lane, representing self, spoke in opposition to the proposed ordinance. Irving Crawley, 307 William Penn Lane, representing self, spoke in opposition to the proposed ordinance. Vice Mayor Bennett, on a motion seconded by Council Member Johnson, moved to extend the public hearing for two minutes for the proponents and the opponents, 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 Verline Johnson, 224 Purple Martin Lane, representing self, spoke in opposition to the proposed ordinance. . 6 City Council Regular Meeting October 19, 2016 Whitney Saunders, 705 West Washington Street, representing River Club VA, LLC, property owner, spoke in support of the proposed ordinance. Hearing no additional speakers, the public hearing was closed. Referring to the presentation, Council Member Duman asked about any changes in the design criteria for the original master plan and the proposed ordinance. Acting Planning and Community Development Director Goumas indicated that there are no changes in the design criteria from the original master plan and the proposed ordinance. Referring to the presentation, Council Member Duman called for a summary of the amenities included in the proposed ordinance. Mr. Saunders explained that under the proposed ordinance, there would not be any homes on the south side of the development and the original vegetative buffer has been increased from 20 feet to 50 feet. Council Member Duman queried about the number of points of access included in the proposed ordinance. Mr. Saunders said that the proposed ordinance would include two points of access. Council Member Johnson asked for information about when the City will take over the easements in the cluster development. Acting Planning and Community Development Director Goumas stated the request may come before City Council at a future date. Council Member Johnson inquired about the maintenance of the easements in a cluster development. Acting Planning and Community Development Director Goumas replied that the easements in a cluster development are the responsibility of the community, not the City. Council Member Johnson asked about the responsibility for the insurance on the easements in a cluster development. Acting Planning and Community Development Director Goumas indicated that the insurance for easements in a cluster development is the responsibly of the community. Council Member Johnson queried about the inclusion of Bob White Lane in the Capital Improvement Plan. Public Works Director Nielsen explained that project is not currently in the Capital Improvement Plan. Council Member Johnson requested information about future parking for the portion of the Seaboard Coastline bicycle trail in Driver. City Manager Roberts said that there is some limited parking in Driver, and staff is exploring alternative options for future expansion. Referring to the presentation, Council Member Fawcett opined about the timeline for the master plan to come to fruition. Mr. Saunders said that there master plan is planned to come to fruition within seven to ten years. Referring to the presentation, Council Member Fawcett called for information about the number of phases included in the master plan. Mr. Saunders stated that there are five phases included in the master plan. 7 City Council Regular Meeting October 19, 2016 Referring to the presentation, Council Member Fawcett queried about the number of homes that could be built without the approval of the proposed ordinance and without any offsite improvements. Mr. Saunders reported that 305 homes could be built on the property by right without any offsite improvements. Council Member Ward solicited an explanation about the applicant’s efforts to discuss the traffic concerns with the adjacent property owners. Mr. Saunders replied in the affirmative. Referring to the presentation, Council Member Goldberg opined about the drainage improvements included in the proposed ordinance. Mr. Saunders reported that should the proposed ordinance be approved, the applicant shall install curb and gutter, pavement widening and drainage improvements along the five lots within the Glen Forest subdivision located on Bob White Lane between Fennel Lane and the proposed development. Council Member Duman, on a motion seconded by Council Member Ward, moved to approve the ordinance, with conditions, as presented, by the following vote: AYES: Mayor L. Johnson, and Council Members Duman, Fawcett Goldberg, T. Johnson, Milteer and Ward 7 NAYS: Vice Mayor Bennett 1 AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT, C3-03, TO MODIFY THE RIVER CLUB MASTER PLAN FOR PROPERTIES LOCATED ALONG BOB WHITE LANE, ZONING MAP 12, PARCELS 23 AND 25; C03A-03 City Council recessed at 8:59 p.m. and reconvened at 9:05 p.m. Public Hearing – An ordinance to rezone and amend the official zoning map of the City of Suffolk, to change the zoning from PD, Planned Development zoning district, to RU, Residential Urban zoning district (Conditional), for a portion of the property located at 1000 Hillpoint Boulevard, Tax Map 26F, Parcels S*6; RZ03-16 (Conditional) Utilizing a PowerPoint presentation, Acting Planning and Community Development Director Goumas offered a synopsis of the background information as printed in the official agenda. The following individuals spoke in support of the proposed ordinance, as presented: Whitney Saunders, no address given, representing NRGC Development, LLC, applicant. Stephen Ladue, 301 Melrose Court, representing self. Curtis Hurdle, 3303 Melrose Court, representing self. John Stauffer, 307 Melrose Court, representing self. Hearing no additional speakers, the public hearing was closed. Council Member Goldberg moved to approve the ordinance, as presented. 8 City Council Regular Meeting October 19, 2016 Council Member Duman queried about the impact of the reconfiguration on adjacent homeowners. Thomas Steele explained that the reconfiguration will be no adverse impact on the adjacent homeowners. Council Member Duman announced that he would abstain from acting on this matter to avoid the appearance of conflict as he has business dealings with Mr. Steele. Council Member Goldberg, 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 Fawcett, Goldberg, T. Johnson, Milteer and Ward 7 NAYS: None 0 ABSTAIN: Council Member Duman 1 AN ORDINANCE TO REZONE AND AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SUFFOLK, TO CHANGE THE ZONING FROM PD, PLANNED DEVELOPMENT ZONING DISTRICT, TO RU, RESIDENTIAL URBAN ZONING DISTRICT (CONDITIONAL), FOR A PORTION OF THE PROPERTY LOCATED AT 1000 HILLPOINT BOULEVARD, TAX MAP 26F PARCEL S*6; RZ03-16 (CONDITIONAL) ORDINANCES There were no items under this portion of the agenda. RESOLUTIONS There were no items under this portion of the agenda. STAFF REPORTS Staff Report – Hurricane Matthew Utilizing a PowerPoint presentation, Fire Chief Cedric Scott supplied a report on the above referenced item. MOTIONS Motion – A motion to schedule a Work Session for November 2, 2016, at 4:00 p.m. unless cancelled Council Member Fawcett, on a motion seconded by Council Member Duman, moved to schedule a Work Session for November 2, 2016, 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 9 City Council Regular Meeting October 19, 2016 NON-AGENDA SPEAKERS Chris Dove, 852 Colonel Meade Drive, representing self, opined about lot widths and elections. James Baker, 608 Bank Street, spoke about potholes and ditches at intersection of Beech Street and East Washington Street. Geoff Hinshelwood, 4901 Fennell Lane, was not present when called. NEW BUSINESS Council Member Duman, on a motion seconded by Council Member Ward, moved to schedule a staff report for the December 7, 2016, City Council meeting regarding the extent to which the law allows the regulation of accessory dwellings, what other localities do regarding the approval of accessory dwellings, and possible amendments to the City’s approval process for accessory dwellings and to address the ability to be granted administratively by permit on a temporary basis including internal, attached and detached accessory dwellings, 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 a PowerPoint presentation, Media and Community Relations Assistant Director Tim Kelley reported on the following: special bulk waste collection schedule; the 241st birthday of the United States Navy; Constant’s Wharf Canoe and Kayak Launch opening; Harbour View Medical Plaza Bon Secours Cancer Institute Grand Opening; 100th birthday of Mr. Peanut; Drive-in Movie in the Park; 10th anniversary of the Suffolk Workforce Development Center; the Suffolk Fire and Rescue Awards and Recognition Ceremony; hours for trick or treat on Halloween; and the City’s roadway maintenance concerns webpage. Council Member Goldberg reported he attended the 241st birthday celebration of the United States Navy. Council Member Goldberg thanked City Administration for its response to Hurricane Matthew. Council Member Ward thanked City Administration for its response to Hurricane Matthew. Council Member Ward opined about the NAACP Candidates Forum. Council Member Ward announced he attended the Harbour View Medical Plaza Bon Secours Cancer Institute Grand Opening. Council Member Duman reported he attended the following: Shrimp Fest; the 150th anniversary of Little Bethel Baptist Church; the NAACP Candidates Forum; Driver Days and Constant’s Wharf Canoe and Kayak Launch Ribbon Cutting. Council Member Duman thanked City Administration for staff’s response to Hurricane Matthew. 10 City Council Regular Meeting October 19, 2016 Council Member Fawcett announced he attended Driver Days and Shrimp Fest. Council Member Fawcett thanked City Administration for its response to Hurricane Matthew. Council Member Fawcett advised he attended the following: the Harbour View Medical Plaza Bon Secours Cancer Institute Grand Opening; the 241st birthday of the United States Navy; and the Constant’s Wharf Canoe and Kayak Launch. Council Member Milteer thanked City Administration for its response to Hurricane Matthew. Council Member Milteer reported clogged ditches in the 3700 block of White Marsh Road. Council Member Johnson thanked City Administration for its response to Hurricane Matthew and the Suffolk Fire and Rescue Department for its assistance with a house fire. Vice Mayor Bennett advised that he attended the following: Shrimp Fest, Driver Days and the Combat Wounded Coalition 8th Annual Jumping for a Purpose. Vice Mayor Bennett solicited support for the Salvation Army Mayor Johnson thanked City Administration for its response to Hurricane Matthew. Mayor Johnson reported she attended the following: the Harbour View Medical Plaza Bon Secours Cancer Institute Grand Opening; the Constant’s Wharf Canoe and Kayak Launch; Driver Days; 150th anniversary of Little Bethel Baptist Church; the 241st birthday of the United States Navy; and the Combat Wounded Coalition 8th Annual Jumping for a Purpose. Council Member Fawcett, 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, 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 9:58 p.m. Teste: ________________________________________________ Erika S. Dawley, MMC, City Clerk Approved: ____________________________________________ Linda T. Johnson, Mayor APPROVED: NOVEMBER 16, 2016 11