City Council Regular Meeting November 18, 2015

Transcription

1 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, November 18, 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. 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. FREEDOM OF INFORMATION ACT CERTIFICATION City Clerk Dawley presented a resolution certifying the Closed Meeting of November 18, 2015, pursuant to Section of the Code of Virginia (1950), as amended. Council Member Fawcett, on a motion seconded by Council Member Goldberg, moved to approve the resolution, as presented, by the following vote: A RESOLUTION OF CERTIFICATION OF THE CLOSED MEETING OF NOVEMBER 18, 2015, PURSUANT TO SECTION OF THE CODE OF VIRGINIA (1950), AS AMENDED 1

2 APPROVAL OF THE MINUTES Council Member Duman, on a motion seconded by Council Member Fawcett, moved to approve the minutes from the November 4, 2015, Work Session, as presented, by the following vote: 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 items from the Consent Agenda for separate action. Hearing no requests for removal of the item, Mayor Johnson advised that a motion was in order at this time to adopt the agenda as presented. Council Member Ward, on a motion seconded by Council Member Fawcett, moved to adopt the agenda as presented, by the following vote: 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 grant funds from the Obici Healthcare Foundation for the Lake Meade Park Trail Consent Agenda Item #9 - An ordinance to accept and appropriate funds from the Virginia E-911 Services Board for the Suffolk Police Department 2

3 Council Member Fawcett called for an explanation on 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 grant funds from the Obici Healthcare Foundation for the Lake Meade Park Trail; and an ordinance to accept and appropriate funds from the Virginia E-911 Services Board for the Suffolk Police Department, respectively. Referring to Consent Agenda Items #7 through #9, City Manager Roberts offered a summation of the background information as printed in the official agenda. Council Member Duman, on a motion seconded by Council Member Fawcett, moved to approve the Consent Agenda, as presented, by the following vote: PUBLIC HEARINGS Public Hearing An ordinance to rezone and amend the official zoning map of the City of Suffolk to change the zoning from RM, Residential Medium Density district to M-2, Heavy Industrial district, for properties located at 616, 618 and 620 Madison Avenue, Zoning Map 34G25(2)28, Parcels 7*8, and 208, 210 and 212 Mulberry Street, Zoning Map 34G25(2)28, Parcel(s) 4*5*6; RZ06-15 Utilizing a PowerPoint presentation, Acting Planning and Community Development Director Robert Goumas gave a review of the background information as printed in the official agenda. Whitney Saunders, 705 West Washington Street, Saunders and Ojeda, applicant, representing Birdsong Corporation, 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. Referring to the presentation, Council Member Duman asked if the applicant was willing to include a proffer that would insure the minimum ten foot landscaping buffer adjacent to the 20 foot alley and along the frontage of Madison Avenue. Mr. Saunders reported that the applicant has included those items in the narrative as printed in the official agenda and it is the applicant s intention to honor those items. Mayor Johnson called on City Attorney Holland to clarify the legality of proffers. City Attorney Holland explained that proffers must be voluntary. Council Member Milteer, on a motion seconded by Council Member Fawcett, moved to approve the ordinance, as presented, by the following vote: 3

4 AN ORDINANCE TO REZONE AND AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SUFFOLK TO CHANGE THE ZONING FROM RM, RESIDENTIAL MEDIUM DENSITY DISTRICT TO M-2, HEAVY INDUSTRIAL DISTRICT, FOR PROPERTIES LOCATED AT 616, 618 AND 620 MADISON AVENUE, ZONING MAP 34G25(2)28, PARCELS 7*8, AND 208, 210 AND 212 MULBERRY STREET, ZONING MAP 34G25(2)28, PARCEL(S) 4*5*6; RZ06-15 Public Hearing An ordinance to grant a Conditional Use Permit to establish a nightclub with outdoor entertainment on property located at 425 East Pinner Street, Zoning Map 34G13, Block (4), Parcel 3A*10; C11-15 Utilizing a PowerPoint presentation, Acting Planning and Community Development Director Goumas supplied a summary of the background information as printed in the official agenda. Donna Perry, 402 Highland Avenue, applicant, spoke in support of the proposed ordinance. Hearing no additional speakers, the public hearing was closed. Council Member Goldberg, on a motion seconded by Council Member Milteer, moved to approve the ordinance as presented. Council Member Ward asked how long the establishment has been in operation. Ms. Perry said that she has owned the business since October 14 th, but she has operated it since about the end of August. Council Member Ward queried about the number of churches in the area. Ms. Perry stated that there are two churches in the area. Referring to the presentation, Council Member Ward sought information about any special events with outdoor entertainment scheduled for Sundays. Ms. Perry advised that no special events of that nature have been scheduled for any Sundays yet. Referring to the presentation, Mayor Johnson called for clarification about the proposed hours on Sundays for special events with outdoor entertainment. Ms. Perry reported that the application stated that outdoor entertainment would be provided from 3 p.m. to 8 p.m. on Sundays. Council Member Goldberg, on a motion seconded by Council Member Milteer, moved to approve the ordinance, with conditions, as presented, by the following vote: Fawcett, Goldberg, T. Johnson, and Milteer. 7 NAYS: Council Member Ward 1 AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO ESTABLISH A NIGHTCLUB WITH OUTDOOR ENTERTAINMENT ON PROPERTY LOCATED AT 425 EAST PINNER STREET, ZONING MAP 34G13, BLOCK (4), PARCEL 3A*10A; C

5 Public Hearing An ordinance to grant a Conditional Use Permit to establish a school, dance/art/music school on property located at 6550 Hampton Roads Parkway, Zoning Map 6, Parcel 13A*2; C14-15 Utilizing a PowerPoint presentation, Acting Planning and Community Development Director Goumas offered a report on the background information as printed in the official agenda. Cathy Benton, no address given, applicant, spoke in support of the proposed ordinance. Hearing no additional speakers, the public hearing was closed. Council Member Fawcett, on a motion seconded by Council Member Ward, moved to approve the ordinance, with conditions, as presented, by the following vote: AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO ESTABLISH A SCHOOL, DANCE/ART/MUSIC SCHOOL ON PROPERTY LOCATED AT 6550 HAMPTON ROADS PARKWAY, ZONING MAP 6, PARCEL 13A*2; C14-15 Public Hearing An ordinance to grant a Conditional Use Permit to establish a day care (family day home, six (6) to twelve (12) children), on property located at 2035 Regency Drive, Zoning Map 27H, Parcel(s) 2*6; C15-15 Utilizing a PowerPoint presentation, Acting Planning and Community Development Director Goumas gave a summation of the background information as printed in the official agenda. Carlena Scott, 2035 Regency Drive, applicant and property owner, spoke in support of the proposed ordinance. Hearing no additional speakers, the public hearing was closed. Vice Mayor Bennett, on a motion seconded by Council Member Goldberg, moved to approve the ordinance, with conditions, as presented, by the following vote: AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO ESTABLISH A DAY CARE (FAMILY DAY HOME, SIX (6) TO TWELVE (12) CHILDREN), ON PROPERTY LOCATED AT 2035 REGENCY DRIVE, ZONING MAP 27H, PARCEL(S) 2*6; C

6 Public Hearing A resolution to amend the Fairgrounds Revitalization Plan, a component of Suffolk 2035: A Vision for the Future, City of Suffolk Comprehensive Plan; CPA01-15 Utilizing a PowerPoint presentation, Acting Planning and Community Development Director Goumas provided 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 Milteer, moved to approve the resolution, as presented. Council Member Milteer opined about the future plans for Carver Circle. Acting Planning and Community Development Director Goumas explained that during the life of the Fairground Revitalization Plan there have been several proposals for that area. He added that the area has been landscaped, and irrigation systems have been installed. City Manager Roberts advised that the City is investigating the relocation of overhead utility lines as well. Vice Mayor Bennett queried about the plan to erect a statue of George Washington Carver in front of the Health and Human Services Building. City Manager Roberts stated that the statue was in the plan at one point, but no funding source was ever dedicated for its construction. Vice Mayor Bennett sought information about the Phoenix Bank as it relates to the proposed resolution. City Manager Roberts replied that the proposed resolution does not impact the Phoenix Bank, and it is still in the Fairground Revitalization Plan. Vice Mayor Bennett called for an update on the Fairground Revitalization Plan. City Manager Roberts said that update could be included during the Capital Improvement Plan. Council Member Fawcett, on a motion seconded by Council Member Milteer, moved to approve the resolution, as presented, by the following vote: A RESOLUTION TO AMEND THE FAIRGROUNDS REVITALIZATION PLAN, A COMPONENT OF SUFFOLK 2035: A VISION FOR THE FUTURE, CITY OF SUFFOLK COMPREHENSIVE PLAN; CPA01-15 Public Hearing An ordinance to amend Chapter 31, Unified Development Ordinance of the Code of the City of Suffolk by amending Article 4, Zoning, Section (a), Purpose Statement for General Zoning Districts; OA5-15 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. 6

7 Council Member Duman, on a motion seconded by Council Member Goldberg, moved to approve the ordinance, as presented, by the following vote: AN ORDINANCE TO AMEND CHAPTER 31, UNIFIED DEVELOPMENT ORDINANCE OF THE CODE OF THE CITY OF SUFFOLK BY AMENDING ARTICLE 4, ZONING, SECTION (A), PURPOSE STATEMENT FOR GENERAL ZONING DISTRICTS; OA5-15 ORDINANCES Ordinance An ordinance to accept a Deed Open-Space Easement over the common passive openspace within Phase 2B of the Graystone Reserves Cluster Subdivision, Tax Map Number 26, Parcels 65 and 66, Suffolk Voting Borough; FS Utilizing a PowerPoint presentation, Acting Planning and Community Development Director Goumas gave a report on the background information as printed in the official agenda. Council Member Goldberg, on a motion seconded by Council Member Fawcett, moved to approve the ordinance, as presented, by the following vote: AN ORDINANCE TO ACCEPT A DEED OPEN-SPACE EASEMENT OVER THE COMMON PASSIVE OPEN-SPACE WITHIN PHASE 2B OF THE GRAYSTONE RESERVES CLUSTER SUBDIVISION, TAX MAP NUMBER 26, PARCELS 65 AND 66, SUFFOLK VOTING BOROUGH; FS Ordinance An ordinance to authorize the transfer of funds from the Central Library/West Washington Street Project to the Market Street Fire Station 1 Renovation Project Utilizing a PowerPoint presentation, City Manager Roberts supplied a summation of 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: AN ORDINANCE TO AUTHORIZE THE TRANSFER OF FUNDS FROM THE CENTRAL LIBRARY/WEST WASHINGTON STREET PROJECT TO THE MARKET STREET FIRE STATION 1 RENOVATION PROJECT 7

8 RESOLUTIONS Resolution A resolution releasing as a school site that certain parcel of land designated as Parcel 6*3*15 located on Harbourview Boulevard Utilizing a PowerPoint presentation, City Manager Roberts gave a review of the background information as printed in the official agenda. Council Member Ward, on a motion seconded by Council Member Fawcett, moved to approve the resolution, as presented, by the following vote: A RESOLUTION RELEASING AS A SCHOOL SITE THAT CERTAIN PARCEL OF LAND DESIGNATED AS PARCEL 6*3*15 LOCATED ON HARBOURVIEW BOULEVARD Resolution A resolution adopting the 2016 Legislative Agenda for the City of Suffolk Utilizing a PowerPoint presentation, Robert Catron, Alcalde and Fay, the City s legislative consultants, offered a synopsis of the background information as printed in the official agenda. Council Member Fawcett, on a motion seconded by Council Member Goldberg, moved to approve the resolution, as presented. Vice Mayor Bennett moved to amend the resolution to include language requesting a City Charter change to permit a member of City Council to retain a current seat while running for Mayor. The motion failed for lack of a second. Council Member Fawcett, on a motion seconded by Council Member Goldberg, moved to approve the resolution, 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 A RESOLUTION ADOPTING THE 2016 LEGISLATIVE AGENDA FOR THE CITY OF SUFFOLK STAFF REPORTS There were no items under this portion of the agenda. 8

9 MOTIONS Motion A motion to initiate a street name change for Kenyon Court Council Member Duman, on a motion seconded by Council Member Fawcett, moved to initiate a street name change for Kenyon Court, by the following vote: Motion A motion to schedule a Work Session for December 2, 2015, at 4:00 p.m., unless cancelled Council Member Fawcett, on motion seconded by Council Member Johnson, moved to schedule a Work Session for December 2, 2015, at 4:00 p.m. unless cancelled, by the following vote: NON-AGENDA SPEAKERS Claressa Strawn, 155 West Washington Street, representing Enroll Virginia, provided information on Open Enrollment for the Affordable Care Act. Quinton Franklin, 114 South Division Street, representing self, requested infrastructural improvements in the Rosemont community. Tushar Mukherjee, 6301 Whaleyville Boulevard, representing self, was not present when called. NEW BUSINESS Council Member Johnson, on a motion seconded by Council Member Ward, moved to schedule a meeting of the City Council Visioning Subcommittee for Wednesday, December 2, 2015, 3 p.m., City Council Conference Room, by the following vote: 9

10 ANNOUNCEMENTS AND COMMENTS Utilizing PowerPoint and video presentations, Media and Community Relations Manager Tim Kelley reported on the following: ribbon cuttings for Hampton Roads Moving and Storage and Market Center at Harbour View; the R(e)Stored Pop-Up Shop; the City s receipt of the Distinguished Budget Presentation Award from the Government Finance Officers Association; Parks and Recreation Director Lakita Watson s receipt of the Distinguished Service Award and the 2015 Virginia Recreation and Parks Society President s Award; Officer Shane Sukowaski s receipt of the Greater Hampton Roads Regional Crime Lines, Incorporated Top Cop Award for the City of Suffolk; the Grand Illumination; the Suffolk Farmers Market; Shop Small, Shop Local event; Parks and Recreation Master Plan community meetings; Suffolk On The Alert; and the City s Thanksgiving operating hours. Council Member Johnson congratulated the following: the Economic Development Department on the R(e)Stored Pop-Up Event; Bill Corey on his receipt of the First Citizen Award; Lula Holland on her receipt of Veteran Honoree of the Year Award; Lipton Tea on their 60 th anniversary and the City on receipt of a grant to assess green resources. Council Member Johnson advised he attended the Suffolk Foundation Annual Luncheon. Council Member Johnson recognized the Public Works Department for the recycling event. Council Member Johnson announced he attended the Virginia Municipal League Regional Supper. Council Member Johnson opined about the City Council retreat. Council Member Milteer thanked the residents from the Rosemont community for attending tonight s meeting. Council Member Milteer opined about the City Council retreat. Council Member Milteer congratulated Lula Holland on her receipt of Veteran Honoree of the Year Award. Tushar Mukherjee, 6301 Whaleyville Boulevard, asked to address City Council. City Clerk Dawley explained to City Council that Mr. Mukherjee was not present when called under the Non Agenda Speaker portion of tonight s agenda. Council Member Milteer, on a motion seconded by Council Member Johnson, moved to suspend City Council s Rules of Order and Procedure and permit Mr. Mukherjee to speak at this time, by the following vote: Tushar Mukherjee, 6301 Whaleyville Boulevard, representing self, opined about the safety on Route 13. Council Member Fawcett congratulated Parks and Recreation Director Lakita Watson s receipt of the Distinguished Service Award and the 2015 Virginia Recreation and Parks Society President s Award 10

11 Council Member Fawcett reported that he attended: the Greater Hampton Roads Regional Crime Lines, Incorporated Top Cop Awards; the Virginia Municipal League Regional Supper and the R(e)Stored Pop-Up Shop and Market Center at Harbour View ribbon cutting. Council Member Fawcett opined about the City Council retreat. Council Member Fawcett advised that he planned on attending the following: the Hampton Roads Leadership Prayer Breakfast; the Grand Illumination and LeOtis Williams Thanksgiving Food Giveway. Council Member Goldberg stated that he attended the R(e)Stored Pop-Up Shop. Council Member Goldberg opined about the City Council retreat. Council Member Goldberg thanked the residents from the Rosemont community for attending tonight s meeting. Council Member Goldberg reported he attended a meeting of the Hollywood Jericho Civic League and citizens in those areas would like an emergency exit. Council Member Ward advised he attended the following: the Market Center at Harbour View ribbon cutting; the Greater Hampton Roads Regional Crime Lines, Incorporated Top Cop Awards; the Suffolk Foundation Annual Luncheon and the First Citizen Reception. Council Member Ward congratulated Lula Holland on her receipt of Veteran Honoree of the Year Award. Council Member Ward opined about the City Council retreat. Council Member Ward reported he recently attended a play at Northern Shores Elementary School. Council Member Duman opined about the City Council retreat. Council Member Duman congratulated Billy Corey on his receipt of the First Citizen Award and Lula Holland on her receipt of Veteran Honoree of the Year Award. Council Member Duman announced he attended the following: Boys and Girls Club Oyster Roast, the Passion for Paws Suffolk Humane Society Fundraiser and the Suffolk Foundation Annual Luncheon. Vice Mayor Bennett congratulated the following: Officer Shane Sukowaski on his receipt of the Greater Hampton Roads Regional Crime Lines, Incorporated Top Cop Award for the City of Suffolk; Parks and Recreation Director Lakita Watson on her receipt of the Distinguished Service Award and the 2015 Virginia Recreation and Parks Society President s Award; Billy Corey on his receipt of the First Citizen Award and Lula Holland on her receipt of Veteran Honoree of the Year Award. Vice Mayor Bennett advised he attend the following: Boys and Girls Club Oyster Roast, the Salvation Army Kickoff and the Temple Beth El 119 th Anniversary. 11

12 Mayor Johnson congratulated the following: Officer Shane Sukowaski on his receipt of the Greater Hampton Roads Regional Crime Lines, Incorporated Top Cop Award for the City of Suffolk; the Finance Department on the City s receipt of the Distinguished Budget Presentation Award from the Government Finance Officers Association; Parks and Recreation Director Lakita Watson on her receipt of the Distinguished Service Award and the 2015 Virginia Recreation and Parks Society President s Award; Lipton Tea on their 60 th anniversary; Lula Holland on her receipt of Veteran Honoree of the Year Award and Billy Corey on his receipt of the First Citizen Award. Mayor Johnson announced she attended the Passion for Paws Suffolk Humane Society Fundraiser and the LeOtis Williams Thanksgiving Food Giveway. Mayor Johnson encouraged residents to attend the Grand Illumination. Mayor Johnson reported she attend the Hampton Roads Leadership Prayer Breakfast, the Hampton Roads Planning District Commission and the Hampton Roads Transportation Organization. Council Member Fawcett, on a motion seconded by Council Member Duman, moved to adjourn, by the following vote: There being no further business to come before City Council, the regular meeting was adjourned at 9:04 p.m. Teste: Erika S. Dawley, MMC, City Clerk Approved: Linda T. Johnson, Mayor APPROVED: JANUARY 6,